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Why do most nations have codified constitutions?
Following a major political upheaval like a civil war.
Marks a new chapter in the country’s history
Divine rights of kings - definition
Kings believed they were chosen by god leading to royal prerogative
Royal prerogative - definition
Power belonged solely to the king, he wasn’t subject to the will of the people
How did the monarch run the government originally in uk history?
Monarch controlled the legislature, executive and judiciary
How did the monarch carry out the legislature and executive?
By bringing forward and passing new laws without the need for outside input.
How did monarch carry out judiciary?
Kings court - he ruled on cases
Kings council - definition
A group of landowners and priests that the king consulted to maintain control.
Evolved into parliament as time went on
Assize of clarendon (1166)- What is it?
King Henry II ordered a number of judges to travel around the country, enforcing westminster laws
Assize of clarendon - Effects
Led to law being applied consistently across the nation
Developed into common law
Magna Carta (1215) -What was agreed?
King agreed to limits on his power
Established rule of law
Rule of law - definition
No one is above the law
No one should be punished without trial
By 14th Century, what were the two chambers of parliament?
The lords (nobility) and commons ( elected officials)
Three groups of government in 14th century period
Parliament - made statutes
Monarch - made proclamations
Judges - ruled using common law
The case of Proclamations (1610)
King must now go through parliament to make new laws, now have less royal prerogative.
What did Charles I do during wars with france?
Imprisoned people without charge or trial if they refused forced loans, martial law or didn’t house soldiers
What was the response to Charles I’s actions?
Petition of Right (1628)
Petition of Right - Terms
No taxes levied without parliaments consent
No imprisonment without cause
No forced billeting of soldiers in civ homes
No martial law in peacetime
Charles response to the Petition of right
He ruled without parliament for 11 years
How was Charles I able to rule without parliament?
At that time he could still choose whether to consult the kings council (parliament) or not
Effects of the english civil war
Charles I was executed and cromwell ruled for 11 years as a republic
What did cromwell do constitutionally in his rule?
2 new codified constitutions introduced:
Instrument of government (1653)
Humble petition and advice (1657)
How did James II anger parliament?
Promoted catholics to important positions, when parliament was mostly protestant
What was the glorious revolution of 1688-89?
William of orange invited by parliament to rule the nation
He came to power without bloodshed as James abdicated
Bill of rights (1689) - why introduced?
William of orange could only become king if he accepted these terms
Bill of rights - terms (3)
Regular sessions of parliament with free elections and free speech during debates
Parliaments consent needed to levy taxes, repeal laws or maintain an army in peacetime
Established some individual rights
How did government work post bill of rights?
Parliament now supreme as only their statutes would be enforced.
No entrenched laws, just what parliament decides
What takes precedence, statues or common law?
Parliamentary statutes
Overall, why is our constitution not codified?
A relatively stable history, with a monarchy pretty much throughout.
Laws change over time, with many based upon common law, which is judiciary precedence
Very long history with laws made hundreds of years ago still valid today
Note
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