1 The British Constitution

codified

a constitution in which key constitutional provisions are provided for within a single written document.

uncodified

A constitution that is not contained in a single written document; it is drawn from multiple written and unwritten sources

6 sources of UK Constitution

• Statute law

• common law

• royal prerogative

• conventions

• works of authority

• international agreements

Definition and significance of statute law

Laws passed by Parliament which affect and alter the British constitution, for example:

• Great Reform Act 1832 (who could vote)

• Ballot Act 1872 (how elections are run)

• Human Rights Act 1998

• Devolution Acts 1998

Allows parliament to deliberately create constitutional change - create, amend or repeal.

Most major reforms since 1997 have happened through acts of parliament.

Covers laws that impact civil liberties and human rights.

Trend towards expanding and protecting democracy and individual rights.

HOWEVER statutes are not entrenched and can be changed as per parliamentary sovereignty, though many have the double lock of additional backing from ECHR

Definition and significance of common law

Legal principles developed by judges through court decisions and legal precedent.

Protects principles like rule of law + individual liberty incl. right to free expression.

Magna Carta based on common law.

The Supreme Court opened in 2009, increasing judicial influence.

Judges cannot overturn acts of Parliament due to parliamentary sovereignty.

The courts have become increasingly important in protecting constitutional principles and limiting govt. power

Definition and significance of royal prerogative

The historic political powers of the monarch, now effectively transferred to the PM

The armed forces are technically the monarch’s but decisions about deployment made by govt.

Often cited as a way govt can extend their power, eg honours including peerages handed out by PM alone

Strengthens PM’s power over foreign policy, ministerial appts and military decisions

Can be limited by acts of parliament like FTPA 2011

Parliament’s vote against military action in Syria, 2013 demonstrated limits on executive freedom

Definition and significance of international treaties and conventions

Agreements between states that can influence UK constitutional arrangements

European Communities Act 1972 incorporated EU law into UK law

European Union (withdrawal) act 2018 ended supremacy of EU law (Brexit)

EU membership affected parliamentary sovereignty

European Communities Act 1972 gave EU law priority over UK law

Importance has declined after Brexit restored parliamentary sovereignty

Definition and significance of conventions

Unwritten political rules followed because they are considered appropriate rather than legally required

Help to oil the wheels of the state and enable govt.

• Monarch appointing PM and cabinet collective responsibility

• 1945 Salisbury-Addison convention limits HoL delaying policies contained in governing party’s manifesto

Determine how political power works in practice

Ensure stability

Cannot be legally enforced if ignored by politicians. only protected by traditions. Constitutional crisis 1909 when HoL rejected People’s Budget, breaking convention

Definition and significance of authoritative opinions (+3 examples)

Books and writings by constitutional experts explaining how the constitution operates.

• AV Dicey’s Introduction to the Study of the Law of the Constitution (1885)

• Walter Bagehot’s The English Constitution (1867) - explained Cabinet govt. and the monarchy

• Erskine May’s Parliamentary practice (1844) - ‘the Bible of parliamentary procedure’, most authoritative and influential work on parliamentary procedure and constitutional conventions affecting Parliament.

• More recent sources like the Cabinet Manual 2010, setting out laws, rules and conventions affecting conduct and operation of govt.

explain complex constitutional practices to politicians, judges and academics.

embody and describe existing rules and conventions without seeking to change them.

no legal authority but help smooth running of govt.

AV Dicey’s twin pillars are…

parliamentary sovereignty

rule of law

Parliamentary sovereignty

makes Parliament the supreme legal authority

ultimate law-making control

no parliament can bind its successor

Rule of law

a core constitutional principle stating that no one is above the law, and that society is governed by established laws rather than the arbitrary power of rulers or government officials.

individual rights

Individual rights are freedoms and protections held by every single person universally, regardless of group identity (such as the right to a fair trial, freedom of speech, or freedom of religion)

collective rights

Collective rights are rights held by groups or society as a whole based on shared interests, identities, or organisational roles (such as trade union strike rights, minority cultural/language protections, or collective security)

When and what was the Magna Carta?

1215

Royal charter of rights agreed between King John and his barons.

Important clause = right of all free men to justice and fair trial - tried to limit powers of monarch

Impact = reference point for the future. Essentially just a peace treaty, just 4 of its clauses remain unrepealed today. It didn’t help ordinary people. It is the least significant milestone in the constitution’s development.

When and what was the Bill of Rights?

1689

following Glorious Revolution 1688 and flight of James II who was accused of undermining parliament’s independence and trying to return the country to RCism, Parliament invited William and Mary from Holland to assume the crown.

Introduced frequent parliaments, free elections + no taxation without parliament’s agreement

Significance: Parliament has met every year since, and this established parliament’s dominance over the monarchy, which can only exist under terms set by parliament.

However, it didn't cover rights of normal people and parliament was almost all wealthy land-owners

When and what was the Act of Settlement

1701

largely a follow-up to the Bill of Rights 1689

Directly conferred line of succession on the descendants of Electress Sophia of Hanover, a distant relative or James I (all closer relatives had been RC or died childless)

This was parliament laying the criteria for the British monarchy.

However it didn't propel towards a modern democracy as setting the throne on one religious group is backwards.

Parliament Acts (2) - when and what were they?

Reduced the power of the HoL after 1909 constitutional crisis when Conservative and Unionist HoL broke convention and rejected Liberal government’s ‘People’s Budget’. After 2 inconclusive GEs in 1910 a law ended the absolute veto of the lords over legislation, restricting their power to a 2 year delay.

It also prevented them from delaying ‘money bills’, or budgets.

1949 modification made it 1 year.

This significantly increased democratic accountability of Westminster, but it still failed to address the fundamental issue of the Lords - that it is unelected. It didn't even have life peers until 1958, so everyone was there thanks to the accident, or good fortune, of birth.

ADD:

Students should analyse and evaluate:

• the nature and sources of the British constitution

• contemporary legislation and current issues regarding rights

• issues and debates around recent constitutional changes

• debates about the extent of rights in the UK

• two examples of constitutional changes since 1997, such as the establishment of devolved

legislative bodies in constituent countries of the UK, the introduction of a Freedom of

Information Act, adoption of the Human Rights Act, changing composition of the House of

Lords

• areas where individual and collective rights are in agreement and where they are in conflict.