ND The Constitution 2.1.1 - 2.1.4

Entrenched

A codified constitution with a difficult procedure for amendment.

Codified

A constitution contained in a single written document.

Unitary

A constitution not contained in a single written document.

Constitution

A set of rules determining where sovereignty lies in a political

system, and establishing the relationship between the government

and the governed.

Parliamentary sovereignty

The principle that Parliament can make, amend or unmake any law.

The rule of law

The principle that all people and bodies, including government, must follow the law and can be held to account if they do not.

Statue law

Law passed by parliament - highest authority

Common Law

Laws made by judges where the law does not cover the issue or is

unclear.

Conventions

Traditions not contained in law but influential in the operation of a

political system

Authoritative works

Works written by experts describing how a political system is run,

they are not legally binding but are taken as significant guides.

Treaties

Works written by experts describing how a political system is run,

they are not legally binding but are taken as significant guides.

Devolution

The dispersal of power, but not sovereignty, within a political

system.

What are the five main sources of the UK Constitution?

Statute law; common law; conventions; authoritative works, and

treaties.

What are the key historical events around the development of the constitution?

Magna Carta (1215); Bill of Rights (1689);

Act of Settlement (1701); Acts of Union (1707);

Parliament Acts (1911 and 1949)

Magna Carta (1215)

• Barons force the king to accept the 63 clauses

• This places limited power on the monarchy

• The crown is not above the law

• Statement that “one cannot be punished without due process of law”

Bill of Rights (1689)

• James tried to establish a absolute monarchy

• Was overthrown by the glorious revolution

• The predecessor had to accept the bill of rights

• This ensured that there would be free elections, no taxation without the consent of parliament, parliamentary free speech and the summoning of regular parliament. 

Act of Settlement (1701)

• Confirmed the primacy of parliament over the crown.

• Parliament now had authority to determine the succession to the throne. 

• Confirmed judicial independence as judges could now only be removed by agreement of both houses of parliament.

Acts of Union (1707)

• Created the United Kingdom

• Uniting the Scottish parliament with the England and wale parliament

• Independence of Scottish law preserved

Parliament Acts (1911 and 1949)

• Asserts primacy of the commons over the lords.

• HOL refused to pass People’s budget bill, current PM Asquith threatened to ask K George to flood HOL with liberals. if they did not accept limits of power.

• Lost it’s right to veto financial bills.

• 1949 Parliament act reduced the Lord’s rights of delay from 2 to 1 years.

What is the nature of the UK constitution?

It is not codified or entrenched making it flexible and able to evolve with society.

There is parliamentary sovereignty so parliament has authority to allow or get rid of any law. 

There are multiple sources.

There is royal prerogative, however the monarch must accept.