wjec law unit 1

• What is a constitution?

  Rules about who governs, and the powers they have and how that power is passed or transferred.
• Britain is the..


  only western democracy with an unwritten constitution.
• What is an unwritten constitution?

  A constitution that is not embodied in a single document but based chiefly on the ideas and processes from the American Government
• Our constitution is not found in a specific document - but we do have a constitution from:

  The Rule of Law
• Acts of Parliament

  A law passed by parliament, which must be followed by everyone it affects.
• Judicial Decisions (Case Law)

  decisions that interpret the relevant constitutional, legislative, and regulatory laws
• Conventions

  a convention is an understanding about how something in parliament should be done
• 3 basic principles of the British constitution are..

  The separation of powers.

  The supremacy of Parliament.

  The Rule of Law.
• State power can be divided into 3 types


  (Montesquieu, French Philosopher 18th century)
• Executive

  Government
• Legislative


  Parliament
• Judicial


  Judges
• Parliamentary sovereignty


  Parliament highest source of law.
• The Supremacy of Parliament (quote)

  No one Parliament binds another.
• Britain - No Bill of Rights to over ride Parliament.

  Bill of Rights 1689
• Dicey's saying..

  'Parliament has under the English Constitution, the right to make or unmake any law whatever, and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of parliament
• Human Rights Act 1998


  Act of Parliament that incorporated the European Convention on Human Rights into UK law, making it enforceable in UK courts
• What are the effects of Sections 3 and 4 Human Rights Act 1998 on Parliamentary sovereignty?

  requires legislation to be interpreted in a way that is consistent with Convention rights where possible
• The effect of E.U. membership on Parliamentary sovereignty.

  No longer an issue after Brexit
• Changes to the constitution

  Scottish Parliament, Northern Ireland Assembly, Welsh Assembly.
• Dicey - 19th century, 3 elements:


  No sanction without breach - no one should be punished unless they have broken a law;

  One law should govern everyone;

  Rights of individuals secure by decisions of judges.
• Extraordinary rendition


  The practice of sending suspected terrorists to foreign prisons that permit torture in the interrogation of suspects
• Constitutional Reform Act 2005


  Act that enhanced judicial independence by establishing a Supreme Court, and reforming the appointments process and role of the Lord Chancellor
• Modern day interpretations/ examples of the rule of law

  Lord Bingham

  Joseph Raz

  John Hemming MP

  Abu Qatada

  Belmarsh detainees

  Black Spider Memos case

  The Constitutional Reform Act 2005
• arguments for a written constitution

  Make things clearer

  Accessible for citizens

  Greater protection of rights and liberties.
• arguments against a written constitution

  Difficult to change

  Unwritten constitution part of our heritage

  Unwritten constitution allows flexibility.
• What is Parliament made up of?

  House of Commons, House of Lords, Monarch
• Parliament has the power to do what?

  Make laws and Raise taxes
• In Britain Parliament has complete power..


  in law there are no limits on what it can do, Parliament is sovereign.
• House of Commons (UK)

  1. most powerful body

  2. 646 members

  3. MPs - members of Parliament

  4. chooses the prime Minister and cabinet
• House of Lords


  Upper house of Parliament, for nobles and bishops - hereditary peers
• what is the act for the house of lords?

  House of Lords Act 1999
• The Monarch


  A government ruled by a king or queen
• The King is head of..

  The armed forces

  The Church of England

  The legal system
• Making an Act of Parliament

  Manifesto

  Green Paper

  White Paper
• All statutes begin as a Bill - 3 types:

  Public Bills

  Private Members' Bills

  Private Bills
• Making an act of parliament (bottom to top)

  Royal Assent

  House of Lords

  Third Reading

  Report Stage

  Committee Stage

  Second Reading

  First Reading

  Bill
• acts of parliament described

  First Reading - title is read to the House of Commons

  Second Reading - proposals fully debated - MPs vote whether

  to proceed

  Committee Stage - detailed examination - amendments can be

  made

  Report Stage - Committee reports back to the House, vote is

  taken

  Third Reading - Bill re-presented to the House - vote taken.

  
  

  House of Lords - Bill then goes to the Lords -

  goes through similar process as the Commons,

  any amendments must go back to Commons for

  consideration

  The House of Lords checks bills and improves

  them. It can delay some laws for up to a year.

  They CANNOT block legislation.
• The Parliament Acts of 1911 & 1949


  Two acts that limited the power of veto of the House of Lords by allowing the House of Commons to pass legislation by itself when it reintroduces a bill rejected by the Lords in the following session of Parliament. The Commons were given these greater legislative powers due to their greater democratic credibility.
• Acts relating to the parliament acts

  War Crimes Act 1991.

  European Parliamentary Elections Act 1999.

  Sexual Offences (Amendment) Act 2000.

  Hunting Act 2004.