UK constitution

Cards (36)

  • The UK constitution is unentrenched, uncodified, and unitary
  • Unentrenched
    The UK constitution is highly flexible and can be changed very easily, usually through an act of parliament
  • Uncodified
    The UK constitution is not written down in a single document
  • Unitary
    Legal sovereignty lies with one place - parliament
  • Twin pillars of the UK constitution
    • Parliamentary sovereignty
    • Rule of law
  • Parliamentary sovereignty
    All power lies with parliament, no law or power above parliament, parliament can't bind its successors
  • Rule of law
    Everyone is entitled to a fair trial, public officials are not above the law, judiciary is independent
  • Magna Carta signed

    1215
  • Magna Carta
    • Established due process of law, limited king's power to raise taxes, set up beginnings of parliament
  • Bill of Rights enacted

    1689
  • Bill of Rights
    • Established regular parliaments, free elections, freedom of speech in parliament
  • Act of Settlement
    1701
  • Act of Settlement
    • Removed Catholic heirs from the throne, gave parliament power to decide line of succession
  • Act of Union
    1707
  • Act of Union
    • United England and Scotland under one parliament
  • Parliament Acts
    1911, 1949
  • Parliament Acts

    • Limited powers of House of Lords, gave more power to elected House of Commons
  • The UK constitution can be challenged and changed as it is unentrenched and uncodified
  • The Scottish National Party continues to campaign for Scottish independence, which would overturn the Act of Union
  • The Scotland Act of 1998 allowed the SNP to continue campaigning for Scottish independence, leading to the first independence referendum which did not pass
  • There are growing calls for a second Scottish independence referendum
  • The UK constitution is not entrenched, it is unentrenched and uncodified, so it can be challenged and changed
  • Acts of Parliament make up an important part of the UK constitution
  • Parliament Acts of 1911 and 1949
    Limited the powers of the House of Lords and ensured the elected House of Commons had overall power
  • The 1911 Parliament Act prevented the House of Lords from blocking the People's Budget introduced by the Liberal government
  • The 1949 Parliament Act reduced the House of Lords' power to delay non-finance bills to one year
  • The European Communities Act of 1972 meant EU law took precedence over UK law when the two conflicted
  • Following the Brexit referendum, EU law will no longer take precedence over UK law when the transition period ends
  • The five main sources of the UK constitution are: statute law, common law, royal prerogative, constitutional conventions, and authoritative works
  • Examples of important Acts of Parliament in the UK constitution
    • Great Reform Acts (1832, 1867, 1884)
    • Parliament Acts (1911, 1949)
    • Scotland Act (1998)
    • Human Rights Act (1998)
    • Fixed-term Parliaments Act (2011)
  • Parliamentary sovereignty
    The principle that Parliament can make or unmake any law, and no Parliament can bind its successor
  • Common law
    Legal principles established by judges in court cases, which provide precedents
  • Royal prerogative
    Powers held by the monarch, such as appointing ministers and declaring war, which are often shared with or delegated to ministers
  • Constitutional conventions
    Unwritten norms and rules about how the government should behave, which are considered binding
  • Authoritative works
    Books that explain the workings of the UK political system, such as Erskine May, Walter Bagehot's "The English Constitution", and A.V. Dicey's "Introduction to the Study of the Law of the Constitution"
  • The UK government's Internal Market Bill appeared to override parts of the EU Withdrawal Agreement, causing constitutional controversy