nature and sources of uk constitution

magna carta (1215) - development of UK constitution

• MC was an agreement between King John and his barons to prevent the abuse of royal power

• MC sets out the principle that no one (including the king) is above the law and sets out the right to a fair trial for all free men

bill of rights (1689) - development of UK constitution

• Established the idea that the monarch’s power is reliant on the consent of parliament and set up frequent parliaments, freedom of speech within parliament (parliamentary privilege) and free elections

act of settlement (1701) - development of UK constitution

• Stated that only a Protestant could become monarch and gave control over the line of succession to the throne to Parliament

acts of union (1707) - development of UK constitution

• Established the union of Scotland (1707) and Ireland (1801) with England to form Great Britain

  • Basis of the UK until devolution reforms in 1997

parliament acts (1911 & 1949) - development of UK constitution

• A budget crisis was created in 1909 when the Lords rejected Lloyd-George’s ‘People Budget’ which had a substantial tax increase

  • In response the 1911 Parliament Act prevented the Lords from delaying money bills and prevented them delaying other bills for more than 2 years

  • The 1949 Parliament Act reduced the period for which the House of Lords could delay a bill to 1 year

european communities act (1972) - development of UK constitution

• European Communities Act was the piece of legislation that entered Britain into the European Economic Community which would later become the EU

• This gave the EEC/EU law precedence over UK law in the case of a conflict

• The Brexit process involved repealing this act

unentrenched - 5 main principles of uK constitution

• easily changed by a simple act of Parliament or shift in convention

uncodified - 5 mains principles of UK constitution

• not written down in one document

unitary/federal - 5 mains principles of UK constitution

• all power is centralised in Parliament (this has been diluted since devolution)

parliamentary sovereignty - 5 mains principles of UK constitution

• idea that Parliament is supreme and has ultimate authority as it representative of the people

  • No Parliament can bind its successor (Parliament can repeal acts passed by previous governments)

  • Parliament is also the supreme legislative body and legislation cannot be changed, struck down or ignored by the judiciary or executive

rule of law - 5 mains principles of UK constitution

• idea that everyone (including the government) is subject to the law and held accountable to it

  • Means that everyone is entitled to a fair trial and everyone is equal under the law and must obey it

  • This requires an politically-neutral and independent judiciary

statute law - 5 mains sources of UK constitution

• legislation created by Parliament

  • Only laws that deal with the nature of politics and government or the rights of citizens are considered constitutional

  • Most important source of the constitution due to Parliamentary sovereignty

common law - 5 mains sources of UK constitution

• law made up of customs and judicial precedent

  • Constitutional principles such as Royal Prerogative are part of common law

conventions - 5 main sources of UK constitution

• customs and practices that are accepted as the way of doing things

  • Conventions can be removed or made permanent by statute law

authoritative works - 5 main sources of UK constitution

• books/written guides to the working of the UK constitution (not legally binding)

treaties - 5 main sources of UK constitution

• agreements signed with other countries