The British Constitution essay plans
Explain three developments to the constitution - correct answer-Magna carta 1215:
- An agreement between King John and his barons to prevent the abuse of royal power -
everyone subject to the law + right to a fair trial
- Seen as a landmark document in the development of human rights
Bill of Rights 1689:
- Stated that parliaments must meet frequently, elections must be free and there must be
freedom of speech within parliament - known as parliamentary privilege
Act of settlement 1701:
- Stated only protestants can become monarch or be married to a monarch - guaranteed
protestant succession.
Sources of the UK constitution - correct answer-Statute law:
- Acts of parliament that affect and alter the British constitution
- Highest legal authority in the UK - parliamentary sovereignty
e.g. HRA and 2005 constitutional reform act
Common law:
- laws or rights passed down over the years by legal judgements in courts - judicial
precedence
- examples include freedom of expression and defense of property rights
- Bushell's case - established that the jury was the sole arbiters of fact and the judge could
not challenge their decision.
Conventions:
- customs and practices that are accepted as the way of doing things - unwritten traditions
- helps parliament run smoothly
- Salisbury convention - HoL can't delay policies in the governing parties manifesto
- Allowed 2010 coalition
Nature of the UK constitution - correct answer-Unitary:
- all power derives from central gov - westminster
- principle has been diluted due to devolution, UK referred to quasi-federal
Rule of Law:
- everyone is equally subject to the law
- one of AV Dicey's twin pillars
- modern liberal democracy
- Belmarsh case - detainees were being held at Belmarsh prison were incompatible with
ECHR
Parliamentary sovereignty:
- parliament supreme authority - statute law
Explain three developments to the constitution - correct answer-Magna carta 1215:
- An agreement between King John and his barons to prevent the abuse of royal power -
everyone subject to the law + right to a fair trial
- Seen as a landmark document in the development of human rights
Bill of Rights 1689:
- Stated that parliaments must meet frequently, elections must be free and there must be
freedom of speech within parliament - known as parliamentary privilege
Act of settlement 1701:
- Stated only protestants can become monarch or be married to a monarch - guaranteed
protestant succession.
Sources of the UK constitution - correct answer-Statute law:
- Acts of parliament that affect and alter the British constitution
- Highest legal authority in the UK - parliamentary sovereignty
e.g. HRA and 2005 constitutional reform act
Common law:
- laws or rights passed down over the years by legal judgements in courts - judicial
precedence
- examples include freedom of expression and defense of property rights
- Bushell's case - established that the jury was the sole arbiters of fact and the judge could
not challenge their decision.
Conventions:
- customs and practices that are accepted as the way of doing things - unwritten traditions
- helps parliament run smoothly
- Salisbury convention - HoL can't delay policies in the governing parties manifesto
- Allowed 2010 coalition
Nature of the UK constitution - correct answer-Unitary:
- all power derives from central gov - westminster
- principle has been diluted due to devolution, UK referred to quasi-federal
Rule of Law:
- everyone is equally subject to the law
- one of AV Dicey's twin pillars
- modern liberal democracy
- Belmarsh case - detainees were being held at Belmarsh prison were incompatible with
ECHR
Parliamentary sovereignty:
- parliament supreme authority - statute law
