The nature of the UK constitution

What are the 6 sources of constitution?

1. Statute law
2. Common law
3. Conventions
4. Landmark decisions
5. authoritative works
6. treaties

What did the Magna Carter 1215 establish?

* Placed limitations on the power of the monarchy
* Stated that the monarch is not above the law
* Stated that one cannot be punished with due process of law

What did the act of settlement 1701 confirm?

* The primacy of parliament over the monarchy
* Confirmed judicial independence

What have developments of the constitution been?

evolutionary

What type of constitution does England have?

1. Uncodified
2. Unentrenched

what does uncodified mean?

It derives from a variety of different sources and does not represent higher law

What does unentrenched mean?

The way the state governs and the rights of citizens can easily be changed with an act of parliament

As a result of parliamentary sovereignty, what are citizens not protected by?

Higher law

What are civil liberties protected by in the uk?

1. Rule of law
2. Independence from the judiciary

what does a unitary state mean?

Where power is centralised and the central government possesses absolute authority

How can the uk be said to be a unitary state?

Parliament has absolute authority to enact legislation

What challenges the belief that parliament is a unitary state?

Devolution

What is statute law?

acts of parliament

What is an example of statue law?

parliament act 1911- removed the HOL right to veto - meant that parliament reflected the democratic will of the people

Representation of the peoples act 1928- universal suffrage

Who’s government passed a number of reforming acts which led to the development of the British constitution?

Tony Blairs government

What are 4 reforming acts of parliament passed before 2013?

1. Scotland act 1998 (established Scottish parliament)
2. HRA 1998
3. Equality act 2010
4. Marriage act 2013

What is common law?

refers to judgements made by judges in important legal cases- set precedent

What did the common law case: Somerset v Stewart (1772) do?

Abolished slavery

What is a convention?

the way in which political activity is carried out through tradition

What is are 3 key “conventions”

1. Salisbury convention
2. Collective Ministerial responsibility
3. The HOC voting on whether to commit British troops to military action

What are 2 key landmark decisions contributing to the constitution?

1. Magna carter 1215
2. The bill of rights 1689

What are authoritative works?

texts which have profound political importance that they have contributed to the constitution

What are 2 examples of “authoritative works”?

1. A.V Dicey’s “introduction to the law of the constitution”
2. Erskine May- “Parliamentary practise”

who produced a guide to how coalition government should be established in 2010?

Gus O’Donnell

What is a ‘treaty’

A written agreement between two or more political entities

Which source of the constitution is often seen to be as the ultimate source of authority?

Parliamentary statute law

What did the law lords rule in 1991 which undermines the authority of parliamentary statute law?

Factortame case- EU legislation took precedence over domestic law