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what is parliamentary sovereignty
The principle that parliament can make amend or unmake any law and cannot bind its successor nor be bound by its predecessor
what is a modern constitution ?
this is a codified entrenched constitution
USA
what is a codified mean
it means all main articles brought together in the same place
What does entrenched mean
all principles take the form of fundamental laws - processes of amendment is difficult and intentional
how have most modern constitutions arises from
they normally happens as result of a civil war or a period of political upheaval to establish a new/more stable set of political institutions and practices
What are traditional constitutions?
these are flexible and uncodified
what does uncodified mean
constitutional rules are not gathered together in a single document and some parts may be unwritten i.e. conventions
must have a single source
what does fexibility mean in terms of a constitution ?
no formal process is required for constitutional amendment as no laws are regarded as fundamental
what are the 11 overarching sources of the constitution
parliamentary sovereignty
convention
EU law
Major authoretive and constitutional document
royal prerogative
common law
statute law
treaties
rule of law
what documents are part of the major works of authority and constitutional documents
The magna carter 1215
The Bill of rights 1689
The act of settlement in 1701
The act of union in 1707
The parliaments act 1911 and 1949
European communities Act 1972
European (notification of withdrawal) Act 2017
Magna carter 1215?
little in the magna carter has survived, save for a few common law traditions and some principles that have turned into statute law
it was a key moment in history
established that the rule of law should apply + the monarch should operate within the framework of the law
important in the development of constitutional rule
what is the rule of law ?
the principle that all people and bodies including government must follow the law and be held to account if they do not
aka no one is above the law
the bill of rights 1689
this stated that parliament was sovereign and would have the final word in legislation and the government finances
the act settlement 1701?
established the legal rules governing the succession of the throne
established the monarchs position as the ruler of the whole united kingdom of England wales and Ireland (Northern Ireland after 1912)
The act union 1707
this combined with the settlement act 1701 abolished the separate Scottish parliament - established the modern Great Britain.
1801, the UK of Great Britain and Northern Ireland was established
the parliament act of 1911 and 1949
these two acts settled the relationship between the house of Commons and the House of Lord
Before 1911 the two were in theory equal in status
however in 1911 the House of Lords lost its power to regulate public finances and could only delay legislation for 2 years
1949 they reduced the delayed period to a year
European communities`
Act 1972
the act that brought the UK into the European union
the uk joined in 1973
European (notification of withdraw )
2017
this gave parliament consent to the UK’s exit of the European union
what are the features of the UK constitution
not codified
not contained in a single document - some arent written
multiple sources of the constitution
what makes a constitution codified ?
must be contained in a single document
must have a single source so therefore created at one moment in history
non constitutional laws must be easily distinguishable from constitutional laws
advantages of an unmodified constitution
greater degree of flexibility - responsive to changes of attitudes
can be updated much more easily
evolve and release the build-up of pressure without the need for a revolution
disadvantage of a uncodified constitution
not good at protecting the rights of people
can lead to major upheavals based on short-populist ideas
unentrenched consitituion
there are no special procedures for an amendment
laws can be passed relatively easily
entrenched constitution
requires rules and procedures for amendment
advantages of entrenchment ?
consititutional rules are very well protectedv
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