The UK constitution

Constitution

A political settlement that outlines the laws and principles governing a state.

Bill of Rights 1689

An act that laid down certain rights for the Parliament and the people in England.

Act of Union 1707

Legislation that united the Kingdom of England and the Kingdom of Scotland into a single kingdom.

Human Rights Act 1998

An Act of Parliament in the UK that incorporates the rights contained in the European Convention on Human Rights.

Constitutional documents

Formal written texts that define the structure of a government and the rights of the citizens.

Codification

The process of arranging laws or rules into a systematic code.

Constitutionalism

The principle that the authority of government derives from and is limited by a body of fundamental law.

Rigid constitution

A constitution that is difficult to amend, requiring special procedures to make changes.

Flexible constitution

A constitution that can be easily amended or changed to reflect the needs of society.

Parliamentary democracy

A democratic form of government in which the party (or coalition) with the most seats in parliament forms the government.

Judicial independence

The principle that the judiciary should be independent from the other branches of government.

Royal Prerogative

Historical powers that were originally exercised by the monarch, now mostly exercised by Government ministers.

Common law

Body of customary law that is derived from judicial decisions rather than statutes.

Constitutional conventions

Unwritten practices that have developed over time to guide the operation of government.

Devolved entities

Political divisions that have been granted power to govern themselves in certain areas.

Legislation

Laws enacted by a legislative body.

Acts of Parliament

Legislation that has been enacted by the UK Parliament.

House of Commons

The lower house of Parliament, which is elected by the public and is primarily responsible for making laws.

House of Lords

The upper house of Parliament, which is made up of appointed members, including life peers, bishops, and hereditary peers.

Parliament Acts 1911 & 1949

Legislation that allowed the House of Commons to bypass the House of Lords under specific conditions.

Sewel Convention

Convention whereby Parliament will not normally legislate in areas devolved to the Scottish Parliament, Welsh Assembly, or Northern Ireland Assembly without their consent.

Legal norms

Standards or guidelines that govern the behavior of individuals and institutions within a society.

The sources of the UK’s constitution

1. Common law

2. Legislation

3. Customs

4. Constitutional conventions

5. The Royal prerogative

Common law

• Can recognise, establish or help develop constitution;l principles 

• But any decision may be set aside or amended by Parliament 

• crafted by UK courts 

Legislation

Two main types of Constitutional Legislation 

• Concerned with the organisation of, and allocation of power to, institutions of the government 

• Those that regulate the relationship between the individual and the state

Custom

• Through Parliament where Ministers are accountable to people  

• The government must be able to command the confidence of the House of Commons → if not, the government falls

Constitutional conventions

• The unwritten rules of the game 

• Descriptive - Statements of constitutional practice, based on knowledge and observation of what happens 

• Prescriptive - statements of what ought to happen, based in part on observation but also on constitutional principle 

The Royal prerogative

This power has been retained to allow parliament to function, its contemporary functions consist of:

• Summons and prorogue parliament 

• Hereditary peers 

• Providing Royal Assent to Bills 

• Orders in council power to legislate