nature and sources of the uk constitution

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