2.1 Constitution

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Created by
Lulu Knowles

Cards (14)

  • Development:
    1. Magna Carta 1215
    2. Habeas Corpus 1679
    3. Bill of Rights 1689
    4. Act of Settlement 1701
    5. Acts of Union 1707
    6. Parliament Acts 1911/1949
    7. European Committee Act 1972
  • Magna Carta 1215:
    1. Rule of Law (even for King John)
    2. Right to a free trial (Habeas Corpus 1679)
    3. Anti-semitic clause 11 (debt to a jew to be forgotten at death)
  • Habeas Corpus 1679: 'you shall have the body' and protects against unlawful and indefinite imprisonment
  • Bill of Rights 1689:
    1. William of Orange and Mary II
    2. Every monarch must be protestant
    3. Constitutional Monarchy
    4. Monarch must follow statute law
  • Acts of Settlement 1701: Parliament determines succession of the crown (George I from Hannover as closest relative)
  • Acts of Union 1707: Union of Scotland and England to form Great Britain
  • Parliament Act 1911:
    1. removed Lords VETO (except to extend parliamentary term)
    2. Lords able to delay a bill for up to 2 years
    3. reduced lifespan of parliament from 7 to 5 yrs
  • Parliament Act 1949:
    1. reduced lords delaying powers to one year
    2. Money bills must have royal ascent within a month of being passed to lords
    3. Ultimately if the house of lords delay for a year the HoC can just bypass lords
  • European Committee Act 1972:
    1. UK joins EEC
    2. UK adapts EU law into legislature
    3. UK joins EU in 1973
    4. EU (withdrawal) Act 2020 = unentrenched constitution
  • Nature of UK constitution:
    1. uncodified
    2. unentrenched
    3. unitary
    4. Rule of Law
    5. unjudicial
  • Sources of UK Constitution?
    1. statute law
    2. works of authority (May's Parliamentary Practise 1844)
    3. common and case law
    4. conventions (losing elections must step down Cameron 2016)
    5. No longer EU treaties (Lisbon Treaty 2009)
  • STATUTE LAW HAS ULTIMATE SOVEREIGNTY (PARLIAMENT)
  • EU LAW USED TO TAKE PRESIDENCE TILL EU ACT 2020 BUT ONLY IN POOLED SOVEREIGNTY AREAS SUCH AS HRA 1998
  • Aims of Constitutional Reform?
    1. democratise
    2. enhance rights
    3. decentralise
    4. modernise