Constitution

5 main principles of the traditional UK constitution

unentrenched

uncodified

unitary

underpinned by the ‘twin pillar’ which are the principles of parliamentary sovereignty

and rule of law.

meaning & effect of unentrenched

• The UK constitution is unentrenched, meaning that it is easily changed – by a simple act of parliament or even a shift in convention.

• reforms are simple, which can be beneficial, e.g. after the Dunblane Massacre the parliament was able to ban guns

Uncodified meaning

• The UK constitution is uncodified, meaning that it is not written down in one document and is made up of multiple sources.

Unitary

• The UK constitution is unitary, meaning that all power is centralised in the Parliament in Westminster.

• This principle has been diluted in recent years due to devolution and many scholars would now refer to the UK as a ‘union state’.

Parliamentary sovereignty

• Parliamentary sovereignty is the idea that parliament is supreme and ultimate authority sits with it, as representative of the people.

• No Parliament can bind its successor – this means that parliament can repeal any act passed by previous parliament.

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

Rule of law

• Rule of Law is the idea that everyone, including the government, is subject to the law and held accountable to it.

• In reality, this means that everyone is entitled to a fair trial and that all citizens, including public officials, are equal under the law and must obey it.

• For this to work effectively, the judiciary must also be independent of political interference.

Beginnings of the Constitution

• The constitution is generally thought to have begun with the Magna Carta in 1215.

• The Magna Carta was an agreement between King John and his barons to prevent the abuse of royal power.

• The Magna Carta 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.

The Bill of Rights

• The next development of constitutional significance was the Bill of Rights which was put into law when William III and Mary II took the throne in 1689.

• The Bill of Rights established the idea that the Monarch’s power is reliant on the consent of parliament, freedom of speech within parliament (parliamentary privilege) and free elections.

Act of Settlement

1701

• The Act of Settlement (1701) stated that only a Protestant could become monarch and gave control over the line of succession to the throne to parliament.

Acts of Union

• Acts that established the union of Scotland (1707) and Ireland (1801) with England to form Great Britain.

  • This was the basis of the UK until the devolution reforms in 1997.

1911 and 1949 Parliament Acts

• Parliament Acts (1911 and 1949) were both put in place to limit the power of the House of Lords.

• In response to the consequences of the Lord’s rejecting ‘the peoples budget’ in 1909, 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.

Constitutional development

• Magna Carter 1215

  • set out the principle that no one is above the law & everyone entitled to a fair trial

• Bill of Rights 1689

  • the Monarch’s power is reliant on the consent of parliament

• Act of Settle ment 1701

  • give control over the line of succession to the throne to parliament

• Acts of Union

  • acts that established the union of Scotland & Ireland with England to from Great Britain

5 main sources of the constitution

statute law

common law

conventions

authoritative works

treaties

Statute law

• Statute law is all legislation created by parliament.

• e.g.deal with the nature of politics and government or the rights of citizens.

• Statute law is the most important source of the constitution due to the principle of parliamentary sovereignty. All other sources can be overridden by statute law.

e.g. 2005 Constitutional Reform Act created a separate Supreme Court & 1918 Representation of the People Act which allowed all men and some women to vote.

Common law

• Common Law is made up of customs and judicial precedent (when judicial decisions clarify the meaning of statute or make rulings in the absence of statute).

• A lot of constitutional principles, such as the Royal Prerogative are a part of common law.

Conventions

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

• An example is the convention that the Prime Minister is the leader of the largest party in parliament.

• Conventions can be removed or made permanent by statute law.

• The 2011 Fixed Term Parliaments Act put into statute law the convention that the Government should resign if it is defeated in a vote of no confidence.

Authoritative works

• Authoritative works, such as Walter Bagehot’s ‘The English Constitution’ are books or written guides to the working of the UK constitution.

• Although they are widely respected, they are not legally binding.

Treaties

• Treaties are agreements signed with other countries.

• The most important treaties affecting the UK constitution are the treaty that entered Britain into the EEC in 1972 and the Maastricht Treaty (1992) which established the European Union.

• The UK government recently negotiated a new treaty that allowed the UK to leave the EU (Brexit).