Chapter 1- paper 1- Nature of the British Constitution

Vocabulary practice flashcards covering the nature, historical statutes, works of authority, principles, and post-1997 reforms of the British constitution.

Rule of law

The constitutional principle that law must be equally enforced on everyone.

Statute law

Laws that must be passed by the House of Lords and House of Commons, and then receive royal assent.

Unitary

A political system where constitutional and governing power is mostly confined to Westminster.

Quasi-federal

A governing system possessing some features of a federal government.

Common law

Laws passed down over the years by judges and developed over the years.

Parliament sovereignty

A fundamental principle of the British constitution establishing that no one can override Parliament.

Royal prerogative

Constitutional authority where the monarch's permission is needed before taking certain actions.

Walter Bagehot's The English Constitution

A foundational work of authority examining how the British constitution functions, distinguishing between dignified parts (which create respect and tradition within the monarchy) and efficient parts (where the Prime Minister and cabinet exercise certain powers).

A.V. Dicey's Introduction to the Study of the Law of the Constitution

A work of authority arguing that Parliament should possess the authority to make or unmake any law, and identifying the twin pillars of the British constitution as the rule of law and parliamentary sovereignty.

Erskine May's Parliamentary Practice

A work of authority outlining parliamentary rules, including the rule that one cannot bring the same idea or question to Parliament more than $3+$ times.

The Cabinet Manual

A work of authority that acts as the main government guide on rules, laws, and how the UK government runs, outlining relationships between the monarch and the Prime Minister; it is written but does not exist as a single document.

Magna Carta ($1215$)

A landmark constitutional document establishing that the monarch was subjected to the law rather than above it, thereby placing limits on the monarch's power, laying the foundations of rule of law and protecting rights

Bill of Rights

A constitutional statute that strengthened Parliament's roles and limited the monarchs power.

Act of Settlement

A statute that placed further limits on the Crown by ensuring that only Protestants could secure the throne, barring Catholics.

Parliament Acts ($1911$ and $1949$)

Statutes limiting the upper house: the $1911$ Act removed the House of Lords' ability to veto most bills and limited their delaying power; the $1949$ Act made the House of Commons more powerful, permitting legislation to become law under some circumstances without the consent of the Lords.

European Communities Act

Legislation enacted when the UK joined the EU, establishing that EU laws took priority over UK laws and creating conflict with parliamentary sovereignty since Parliament was no longer 'first'.

Modernisation of political institutions (post-$1997$)

Constitutional reforms that include House of Lords reform (where peers can choose to leave or resign, and lose their seat if they do not attend), which remains incomplete.

Democratisation (post-$1997$)

Post-$1997$ constitutional changes that granted Scotland and Wales more power and control, providing greater influence, choice, and more representative governance.

Human Rights Act $1998$

A post-$1997$ constitutional statute providing stronger legal protection (though uncodified), associated with legislation such as Freedom of Information (granting the right to see or request data recorded in public places) and the Equality Act ($9$ protected characteristics).

Devolution (post-$1997$)

Constitutional changes delegating powers to local authorities; it succeeded in Scotland and Wales (powers devolved from $49\%$ to $63\%$), but received little support in England, where the North East rejected it by $78\%$.

Conventions

Unwritten rules that allow UK politics and the legislative process to run smoothly and efficiently, such as facilitating the passage of Brexit.