2
The British Constitution
Nature and sources of the British Constitution
Development of the UK Constitution - used to be centralised with the monarch.
Beginnings
● Begun with the Magna Carta 1215. No one is above the law and right to fair
trial.
● Bill of Rights - Monarch's power is reliant on consent of parliament, set up
frequent elections, freedom of speech in parliament, free elections.
● Act of Settlement - only a protestant could become monarch.
● Acts of the Union - established the union of Scotland, Ireland and England to
form Great Britain.
Constitutional Development
● 1911 + 1949 Acts of Parliament - 1911 act prevents Lords from delaying
money bills and prevents them from delaying other bills for more than 2 years.
1949 act reduced the period to 1 year.
● 1972 European Communities Act - UK joined EU. gave EU law precedence
over UK law. Brexit repealed this.
Nature of the UK Constitution
● Uncodified - not written down and made of multiple sources.
● Parliamentary sovereignty - parliament is supreme and the ultimate authority. No
parliament can bind its successor. Supreme legislative body.
● Unentrenched - easily changed through an act of parliament.
● Unitary - all power is centralised in parliament. Diluted due to devolution in modern
times.
● Rule of law - everyone is subject to the law and held accountable. Fair trial.
Sources of the UK Constitution
● Statute law - legislation through parliament. Etc; 2005 Constitutional Reform Act
● Common law - customs and judicial precedent. Etc; Royal Prerogative
● Conventions - customs and practices accepted as the way of doing things. Etc; PM is
the leader of the largest party in parliament.
● Authoritative works - books or written guides. Etcl Walter Bagehot’s guide to the
English Constitution.
● Treaties - signed agreements with other countries. Etc; NATO
Rights
in the UK
● Magna Carta - Stopped monarchy abusing power.
● Bill of Rights - more limits on monarchs. Free speech in parliament, elections.
● European Convention on Human Rights - all UK government actions needed to
comply with the ECHR.
● European Court of Justice - protected rights of UK workers.
● Data Protection Act, Human Rights Act (Conservatives want to replace with the
British Bill of Rights), Equality Act, Freedom of Information Act
Pressure groups such as Unlock Democracy (Charter88) and the National Council f
for Civil Liberties to ensure freedoms and rights of individuals.
The British Constitution
Nature and sources of the British Constitution
Development of the UK Constitution - used to be centralised with the monarch.
Beginnings
● Begun with the Magna Carta 1215. No one is above the law and right to fair
trial.
● Bill of Rights - Monarch's power is reliant on consent of parliament, set up
frequent elections, freedom of speech in parliament, free elections.
● Act of Settlement - only a protestant could become monarch.
● Acts of the Union - established the union of Scotland, Ireland and England to
form Great Britain.
Constitutional Development
● 1911 + 1949 Acts of Parliament - 1911 act prevents Lords from delaying
money bills and prevents them from delaying other bills for more than 2 years.
1949 act reduced the period to 1 year.
● 1972 European Communities Act - UK joined EU. gave EU law precedence
over UK law. Brexit repealed this.
Nature of the UK Constitution
● Uncodified - not written down and made of multiple sources.
● Parliamentary sovereignty - parliament is supreme and the ultimate authority. No
parliament can bind its successor. Supreme legislative body.
● Unentrenched - easily changed through an act of parliament.
● Unitary - all power is centralised in parliament. Diluted due to devolution in modern
times.
● Rule of law - everyone is subject to the law and held accountable. Fair trial.
Sources of the UK Constitution
● Statute law - legislation through parliament. Etc; 2005 Constitutional Reform Act
● Common law - customs and judicial precedent. Etc; Royal Prerogative
● Conventions - customs and practices accepted as the way of doing things. Etc; PM is
the leader of the largest party in parliament.
● Authoritative works - books or written guides. Etcl Walter Bagehot’s guide to the
English Constitution.
● Treaties - signed agreements with other countries. Etc; NATO
Rights
in the UK
● Magna Carta - Stopped monarchy abusing power.
● Bill of Rights - more limits on monarchs. Free speech in parliament, elections.
● European Convention on Human Rights - all UK government actions needed to
comply with the ECHR.
● European Court of Justice - protected rights of UK workers.
● Data Protection Act, Human Rights Act (Conservatives want to replace with the
British Bill of Rights), Equality Act, Freedom of Information Act
Pressure groups such as Unlock Democracy (Charter88) and the National Council f
for Civil Liberties to ensure freedoms and rights of individuals.
