What is a constitution? A set of rules and laws determining where
sovereignty lies in a political system, and establishing the relationship between the
government and the governed.
An overview of the development of the constitution through key historical
documents:
Magna Carta (1215) - Established the principle that everyone is subject to the law
(rule of law), even the king, and guaranteed the rights of individuals: the right to
justice and a fair trial.
The Bill of Rights (1689) - Included provisions for regular parliament meetings, the
free election of MPs and the protection of freedom of speech within parliament
(parliamentary privilege), It stated that Parliament would have the final word on
legislation and the government’s finances.
The Act of Settlement (1701) - Established the right of Parliament to determine the
line of succession to the throne and stated that the monarch should be a member of
the Church or England (Protestant).
The Acts of Union (1707) - United the separate Scottish and English Parliaments to
form the Parliament of Great Britain, based in Westminster.
The Parliament Acts (1911 and 1949) - Reduced the power of the House of Lords in
relation to the House of Commons. It replaced the power to a veto a bill with the
power to delay a bill for two years, which was then reduced to one year in the 1949
act. Also reduced the maximum lifespan of a parliament from seven to five years.
The European Communities Act (1972) - Brought the UK into the European
Community (now EU), and established the principle that EU law would take
precedence over UK statute law.
What is the nature of the UK constitution? Unentrenched, uncodified and unitary.
What is a codified constitution? A constitution written in a single authoritative
document.
What is an uncodified constitution? A constitution that is not contained in a single
written document.
What is a unitary political system? One where all legal sovereignty is contained in
a single place.
What is a federal political system? Power is divided between the central
government and regional institutions.
Whilst technically the UK remains a unitary system, it would be so unlikely and
difficult for power to ever be returned to the central government from devolved
powers that the UK displays a sort of quasi-federalism.
, What does it mean to be unentrenched? In the UK there is no special procedure
for amendment, meaning the constitution is less protected and easier to change. Any
statute law passed in the UK becomes part of the constitution and holds the same
weight: there is no higher law.
A.V Dicey declared that there were ‘twin pillars’ that upheld the British political
system: parliamentary sovereignty and rule of law.
What is parliamentary sovereignty? The principle that Parliament holds the
supreme power to create, amend or abolish any law, and cannot bind its successor
nor be bound by its predecessors. Parliament is the supreme law-making body.
Challenges to parliamentary sovereignty include:
- EU Law
- Devolution
- Referendums (people making decisions rather than parliament). Miller vs
Secretary of State declared that the British government may not initiate
withdrawal from the EU without approval from parliament, despite the result of
the referendum.
What is rule of law? The principle that all people and bodies, including government,
must follow the law and can be held accountable if they do not. Citizens can take a
government or local authority to court if they feel that have been treated unfairly.
For rule of law to work you need an independent judiciary. The UK Supreme Court is
an appellate court, independent of politics, that deals with appeals.
The five main sources of the UK constitution:
Statute law: Any law passed by parliament. All statute law holds the same weight
and is constitutional.
Common law: Law derived from the decisions of judges in the UK court, forming
precedent. If statute law is unclear or absent in a case, judicial review can be used to
declare something unlawful. However, common law can always be overturned by
supreme statute law.
Two examples of common law:
1. The High Court of Scotland declared that Boris Johnson’s prorogation of Parliament
in 2019 was unlawful. He prorogued parliament for 24 working days in the run up to
Brexit, and this was seen by many as a way of avoiding debates and scrutiny on the
matter.
2. The High Court deemed that the relationship of Kitzinger and Wilkinson, legally
married in Canada, was a civil partnership in the UK as “the longstanding definition of
marriage was between a man and a woman.” In 2013, this decision was overturned
when the Same Sex Couples Act was passed.
Conventions: Unwritten rules, widely accepted in politics, but not legally
enforceable.
Examples of conventions:
sovereignty lies in a political system, and establishing the relationship between the
government and the governed.
An overview of the development of the constitution through key historical
documents:
Magna Carta (1215) - Established the principle that everyone is subject to the law
(rule of law), even the king, and guaranteed the rights of individuals: the right to
justice and a fair trial.
The Bill of Rights (1689) - Included provisions for regular parliament meetings, the
free election of MPs and the protection of freedom of speech within parliament
(parliamentary privilege), It stated that Parliament would have the final word on
legislation and the government’s finances.
The Act of Settlement (1701) - Established the right of Parliament to determine the
line of succession to the throne and stated that the monarch should be a member of
the Church or England (Protestant).
The Acts of Union (1707) - United the separate Scottish and English Parliaments to
form the Parliament of Great Britain, based in Westminster.
The Parliament Acts (1911 and 1949) - Reduced the power of the House of Lords in
relation to the House of Commons. It replaced the power to a veto a bill with the
power to delay a bill for two years, which was then reduced to one year in the 1949
act. Also reduced the maximum lifespan of a parliament from seven to five years.
The European Communities Act (1972) - Brought the UK into the European
Community (now EU), and established the principle that EU law would take
precedence over UK statute law.
What is the nature of the UK constitution? Unentrenched, uncodified and unitary.
What is a codified constitution? A constitution written in a single authoritative
document.
What is an uncodified constitution? A constitution that is not contained in a single
written document.
What is a unitary political system? One where all legal sovereignty is contained in
a single place.
What is a federal political system? Power is divided between the central
government and regional institutions.
Whilst technically the UK remains a unitary system, it would be so unlikely and
difficult for power to ever be returned to the central government from devolved
powers that the UK displays a sort of quasi-federalism.
, What does it mean to be unentrenched? In the UK there is no special procedure
for amendment, meaning the constitution is less protected and easier to change. Any
statute law passed in the UK becomes part of the constitution and holds the same
weight: there is no higher law.
A.V Dicey declared that there were ‘twin pillars’ that upheld the British political
system: parliamentary sovereignty and rule of law.
What is parliamentary sovereignty? The principle that Parliament holds the
supreme power to create, amend or abolish any law, and cannot bind its successor
nor be bound by its predecessors. Parliament is the supreme law-making body.
Challenges to parliamentary sovereignty include:
- EU Law
- Devolution
- Referendums (people making decisions rather than parliament). Miller vs
Secretary of State declared that the British government may not initiate
withdrawal from the EU without approval from parliament, despite the result of
the referendum.
What is rule of law? The principle that all people and bodies, including government,
must follow the law and can be held accountable if they do not. Citizens can take a
government or local authority to court if they feel that have been treated unfairly.
For rule of law to work you need an independent judiciary. The UK Supreme Court is
an appellate court, independent of politics, that deals with appeals.
The five main sources of the UK constitution:
Statute law: Any law passed by parliament. All statute law holds the same weight
and is constitutional.
Common law: Law derived from the decisions of judges in the UK court, forming
precedent. If statute law is unclear or absent in a case, judicial review can be used to
declare something unlawful. However, common law can always be overturned by
supreme statute law.
Two examples of common law:
1. The High Court of Scotland declared that Boris Johnson’s prorogation of Parliament
in 2019 was unlawful. He prorogued parliament for 24 working days in the run up to
Brexit, and this was seen by many as a way of avoiding debates and scrutiny on the
matter.
2. The High Court deemed that the relationship of Kitzinger and Wilkinson, legally
married in Canada, was a civil partnership in the UK as “the longstanding definition of
marriage was between a man and a woman.” In 2013, this decision was overturned
when the Same Sex Couples Act was passed.
Conventions: Unwritten rules, widely accepted in politics, but not legally
enforceable.
Examples of conventions:
