The UK Constitution

Describe the UK’s constitution in three words

• Uncodified

• unitary

• unentrenched

What are the sources of the UK Constitution?

• Statute law

• Common law

• Conventions

• Works of constitutional authority

What is statute law?

Statute law is law made by Parliament.

Statute laws of constitutional significance are the ones that affect the powers and responsibilities of government or the rights and freedoms of citizens.

Why is statute law the most important source of the constitution?

Parliamentary sovereigntyimplies that statutes outrank all other sources of the constitution

What is the development timeline of the UK’s constitutional settlement?

1215: Magna Carta

1649-60: Commonwealth

1688: Glorious Revolution

1689: Bill of Rights

1701: Act of Settlement

1707: Acts of Union

1911 and 1949: Parliament Acts

1972: European Communities Act

1997-2001: New Labour Reforms

2018: EU Withdrawal Act

What is the Magna Carta, 1215?

The ‘Great Charter of Freedoms’, imposed by rebellious barons on King John of England.

The first systematic attempt was made to distinguish between monarchy and tyranny.

The King must rule justly in accordance with a body of defined law and custom

Habeus Corpus: Allows people to appeal against imprisonment without trial

What is the Bill of Rights, 1689?

Firmly established the principles of frequent parliaments, free elections, and Parliamentary Privilege

• No right of taxation without Parliament’s agreement

• Freedom from government interference

• The right of petition

• Just treatment of people by courts

What is the Act of Settlement, 1701?

Settled the succession to the English and Irish crowns, and also disqualified anyone who became a Roman Catholic, or married one, from inheriting the throne

What is the Acts of Union, 1707?

The Union with Scotland Act 1706 and the Union with England Act 1707 provided for the creation of the Kingdom of Great Britain as a single state with a single legislature → unified England and Scotland

What are the Parliament Acts 1911 and 1949?

Formally consigned the House of Lords a subordinaterole to that of the House of Commons, by stipulating that the Lords can delay a non-money bill for no more than two sessions (reduced to one session in 1949), and that money bills become law one month after leaving the Commons, without needing the Lords’ approval

What is the European Communities Act, 1972?

Approved and authorised the UK’s membership of the European Community, which commenced at the beginning of 1973 and meant that EC?EU law became a source of the constitution

What are the New Labour reforms,1997-2001?

1998: Devolution to Scotland, Wales and Northern Ireland

1999: The creation of the Greater London Authority

2000: Reduced the number of hereditary peers in the Lords

2000: Introduction of the Human Rights Act

2000: The Freedom of Information Act

What are some examples of recent constitutionally significant statute laws?

1998: Scotland Act and Government of Wales Act

1998: Human Rights Act

1999: House of Lords Act

2005: Constitutional Reform Act

2011: Fixed-erm Parliaments Act

What is common law?

The legal system in England that has developed over a period of time from old customs and court decisions, rather than law made by politicians

What are conventions?

Customs or traditions that have endured throughout history

What are 4 examples of major constitutional conventions?

• Royal perogative

• IMR + CMR

• Sewel convention

• Salisbury convention

What are works of constitutional authority?

Works that refine and correct the Constituition

Why are works of constitutional authority necessary?

Gaps in the UK’s constituition

Authoritative works carry out the job of interpretation

Are not legally binding

What are some key works of constitutional authority?

The English Constitution, Walter Bagehot (1867): Distinguished between the dignified parts (the monarchy and the Lords) of the constitution and the efficient parts (the Cabinet and the Commons)

An Introduction to the Study of the Law of the Constitution, AV Dicey (1885): Defines the ‘twin pillars’ of the Constitution - Parliamentary Sovereignty and the rule of law

Treatise on the Law, Privileges, Proceedings, and Usage of Parliament, Erskine May (1844): Provides the most authoritative account of the practices, procedures, and rules of Parliament

How does statute law override common law?

Parliament can simply pass a new law which clarifies the situation or deals with the contradiction of it doesn’t agree with the handling of the judiciary