Nature and History

Cards (21)

  • The uncodified consitution in the UK is based around the rule of law and parliament sovereinty
  • Magna Carter 1215
    A guarantee of certain basic rights including that citizens should not be imprisioned without trial
  • Bill of rights 1689
    The establishment of a consitutional monarchy in the UK in which the monarchs power is not limitless, outlining the rights of parliament
  • Act of Settlement 1701
    Outlines sucession to the throne in the UK, including Scotland, Wales, Northern Ireland and England
  • Act of Union 1707
    Created Great Britain by formally joining Scotland to England and Wales (although retaining a seperate Scottish leagal system)
  • Parliament Act 1911
    Removed the power of the House of Lords to reject money bills or reject a bill three times. The life of parliament cannot be extended without consent of the Lords
  • Parliament Act 1949
    Reduced the power of the House of Lords to delay bills to 1 year
  • European Communities Act 1972
    Britain joined the European Community, later called the EU
  • European Union (Withdrawal Agreement) Act 2020
    Britain left the European Union on 31st January 2020
  • Devolution 1997
    After referendum in Scotland and Wales, they established their own governments and legislatures
  • Statute Law
    A source of the UK constitution
    A law made by parliament, also known as an 'act of parliament'
    Examples - The Marriage (Same Sex Couples) Act 2011, The Sucession to the Crown Act 2013
  • Common Law
    A source of the UK consitution
    Rules made by judges who have had to interpret statute law when it has been unclear. This is often done through judical review.
    Example - In Miller v PM 2019, the Supreme Court of the UK rules that the PM did not have the right to prorogue parliament in the circumstances that he had,
  • Conventions
    A source of the UK consitution
    Unwritten traditions that have influence over how a political system works.
    Examples - The Salisbury Convention (Lords cant reject bills promised in manifesto), Royal Assent (is expected from the monarch)
  • Authoratitive works
    A source of the UK consitution
    Books written by political scholars outining how the UK political system works. They have no legal standing but are recognised as useful guides.
    Example - A.V.Dicey outlined the principles of parliamentary sovereignity
  • Treaties and agreements
    A source of the UK consitution
    Agreements that have been made between the UK and other countries of supranational organisations.
    Example - The UK was a member of the EU, meaning that the councils court (the European Court of Human Rights) had influence over the UK
  • Rights in the UK
    Because the UK consitution is unentrenched, rights in the UK are refered to as 'negative rights' as citizens are allowed to do anything that is not forbidden by parliament. It also means they are not as protected and civil liberties rely on the rule of law and the independence of the judicary
  • Unitary
    A state where power is centralised and the central government possess absolute authority.
    Since parliament is the supreme law-making body, the UK is often refered to as a unitary state.
  • Federal
    A state where power is shared and dispersed. The power of the central government is limited by the sovereign power of lower levels of government, over which it has no authority.
  • Parliamentary statute has traditionally been seen as the ultimate source of authority as an act of pariliament takes precedence over works of authority, conventions and the common law.
    However, the EU law took precedence over domestic law. Only in areas where the UK had pooled sovereignty with the EU though.
  • Hirst v UK 2005
    An example of parliamentary sovereignty.
    The government ignored the ruling from the European Convention on Human Rights that said that prisoners have the right to vote.
  • Change in consitution
    • Role of monarch decreased
    • Parliamentary sovereignty and unitary nature of the UK has been challenged - for example by judical review and devolution (parliament still remains sovereign as show in the 2022 ruling on Scotlands second independence referendum)
    • The fused powers of the UK have become more seperated. The addition of the supreme court removed the judical role from the HoL, the PM and cabinet have been chatised by the Speaker of Parliament for failing to brief Parliament on policy before the brief the press