Historical Documents

• The British constitution is unwritten in one single document unlike the US constitution.

  • referred to as a uncodified constitution meaning there is no single document that can be classed as the British Constitution
  • British Constitution can be found in a variety of documents
  • Not static, the rules and practices it sets out are often interpreted and adapted to meet changing circumstances
• Magna Carta 1215


  Charter of English liberties granted by King John on June 15th 1215

  • declared that the monarch is subject to the rule of law
  • Magna Carta provided foundations for individual rights in England
  • Only 4 of the 63 clauses are still valid today
  • clause 39 - no man shall be imprisoned without trial
  • clause 40 - no one is denied the right to justice
• Bill of Rights 1689


  established the following

  • regular parliaments sustained by free elections
  • basic rights of citizens and prohibition of unusual punishments
  • superiority of parliament in matters regarding taxation and rule of law
  • monarch could not stage an army without parliamentary consent
  • members of parliament can speak freely within the chambers without fear of arrest
  • lays out that no Roman Catholic can become monarch of Britain
  • creates a constitutional monarchy, monarchs powers limited by law despite being head of state
• Act of Settlement 1701

  • stated that catholics or those married to catholics could not succeed the throne
  • protected protestant succession
  • anyone appointed to cabinet had to resign their seat in a by-election, limiting powers of the monarch as when appointing cabinet ministers they may lose the by-election
  • established the principle that the monarch chooses ministers who command a majority in Parliament
• Parliament Act 1911

  • removed the house of lords power to veto a bill concerning taxation or government spending
  • however they can delay bills for up to 2 years
  • the house of lords cannot amend any bills regarding money
  • The bills must recieve royal assent no later than a month after being introduced to the lords
  • Act also reduced Parliaments lifespan from 7 to 5 years
• Parliament Act 1949

  • reduced the lords power to delay bills to just 1 year
• Great Reform Act 1832


  Who could vote?

  • all homeowners who pay a yearly rental of £10 or more
  • first formal and written exclusion of women from voting
  • mostly upper & middle class
  • act increased electorate from 400k - 600k , 1 in 5 males eligible to vote, 8% of adult population
• Second Reform Act 1867

  Who could vote?

  • Reduced property threshold and gave the vote to agricultural landowners and tenants with small amounts of land
  • Men who paid rent could vote
  • Still mostly upper and middle class men voting
  • doubled the electorate in England and Wales, around 2 million men, 16% of adult population
• Redistribution of the Seats Act 1885 (Third Reform Act)

  Who could vote?

  • Made electoral districts equal
  • redistributed constituencies to equalise representation
  • 40% of men did not have the vote
  • 5.7 Million voters, 28% of adult population
• Representation of the People Act 1918

  Who could vote?

  • Women over 30 who met minimum property qualifications
  • Abolished all property requirements for men
  • all men over 21 could vote
  • 21.4 million people could vote, 74% of the adult population
• Representation of the People Act 1928

  Who could vote?

  • All men and women over 21 could vote with no property restrictions
  • 96% of adult population could vote
• Representation of the People Act 1969


  Who could vote?

  • Men and women aged 18 and over
  • extended the franchise to 18, 19 and 20 year olds
  • 98% of population could vote
• European communities Act 1972


  Passed by parliament to allow the Uk to join

  • European Economic Community (EEC)
  • The European Coal and Steel Community
  • The European Atomic energy Community
  • key consequences of this act is that the EEC (later the EU) law became a part of UK Law
  • meant that EU law held precedence over UK law
  • Challenge to Parliamentary Sovereignty
• Was there a challenge to Parliamentary Sovereignty because of the European Communites Act 1972?

  Yes

  • The act was binding for future parliaments
  • EU law took precedent over UK law
  • UK law could be struck down in courts if in conflict with EU law - Factortame Case 1991

  No

  • The act itself was passed by parliament by choice
  • limiting of sovereignty was self imposed and can be removed by repealing the act