1.1 nature & sources of the UK constitution –
Key historical events in the development of the constitution –
Magna Carta 1215:
placed limits on power of monarchy.
Established principle that the crown is not above the law.
Contains the first statement of the principle of habeas corpus – one cannot be
punished without due process of law.
The Bill of Rights Act 1698:
gave legal force to ‘certain ancient rights & liberties.’
Included the summoning of regular parliaments, free elections, no taxation without
parliamentary consent & parliamentary freedom of speech.
Established principle of a constitutional monarchy
Act of Settlement 1701:
Confirmed primacy of parliament over the crown by declaring that parliament has
the authority to determine the succession to the throne.
Confirmed judicial independence by stating that a judge can be removed only on the
agreement of both houses of parliament.
Act of Union 1707:
United the parliament of Scotland with that of England & Wales.
Created United Kingdom, although independence of Scottish law was preserved.
Parliament Acts 1911 & 1949:
1911 – Lords lost its right of veto – unable to amend financial bills such as the
Budget. Still able to delay other bills for only 2 years.
1949 – reduced Lords’ right of delay from 2 years to 1 year.
Collectively established the democratic legitimacy of parliament by asserting the
primacy of the Commons over the Lords.
NATURE –
‘Twin pillars’ –
Constitutional theorist A.V. Dicey.
Britain’s uncodified constitution is based on.
Parliament is the supreme law-making body (sovereignty) – free to enact any
legislation for which it has a parliamentary majority. No parliament could enact
legislation that could force its successor to act a certain way.
Govt must be according to the rule of law – same laws apply equally to every citizen
including govt.
Key historical events in the development of the constitution –
Magna Carta 1215:
placed limits on power of monarchy.
Established principle that the crown is not above the law.
Contains the first statement of the principle of habeas corpus – one cannot be
punished without due process of law.
The Bill of Rights Act 1698:
gave legal force to ‘certain ancient rights & liberties.’
Included the summoning of regular parliaments, free elections, no taxation without
parliamentary consent & parliamentary freedom of speech.
Established principle of a constitutional monarchy
Act of Settlement 1701:
Confirmed primacy of parliament over the crown by declaring that parliament has
the authority to determine the succession to the throne.
Confirmed judicial independence by stating that a judge can be removed only on the
agreement of both houses of parliament.
Act of Union 1707:
United the parliament of Scotland with that of England & Wales.
Created United Kingdom, although independence of Scottish law was preserved.
Parliament Acts 1911 & 1949:
1911 – Lords lost its right of veto – unable to amend financial bills such as the
Budget. Still able to delay other bills for only 2 years.
1949 – reduced Lords’ right of delay from 2 years to 1 year.
Collectively established the democratic legitimacy of parliament by asserting the
primacy of the Commons over the Lords.
NATURE –
‘Twin pillars’ –
Constitutional theorist A.V. Dicey.
Britain’s uncodified constitution is based on.
Parliament is the supreme law-making body (sovereignty) – free to enact any
legislation for which it has a parliamentary majority. No parliament could enact
legislation that could force its successor to act a certain way.
Govt must be according to the rule of law – same laws apply equally to every citizen
including govt.
