The British Constitution
Nature and sources of the Constitution
Development of the UK Constitution - The Constitution of the United Kingdom has been in
development for centuries and continues to develop to this day.
Key themes in development
- Power used to be centralised in the hands of the monarch.
- The main themes of constitutional development have been the transferral of power
from the monarch to parliament and the increase in the rights of citizens.
Beginnings of the Constitution
- The constitution is generally thought to have begun with the Magna Carta in 1215.
- The Magna Carta was an agreement between King John and his barons to prevent
the abuse of royal power.
- The Magna Carta sets out the principle that no one (including the king) is above the
law and sets out the right to a fair trial for all free men.
The Bill of Rights
- The next development of constitutional significance was the Bill of Rights which was
put into law when William III and Mary II took the throne in 1689.
- The Bill of Rights established the idea that the Monarch’s power is reliant on the
consent of parliament and set up frequent parliaments, freedom of speech within
parliament (parliamentary privilege) and free elections.
Act of Settlement (1701)
- The Act of Settlement (1701) stated that only a Protestant could become monarch
and gave control over the line of succession to the throne to parliament.
- This was shortly followed by the first of the Acts of Union - Acts that established the
union of Scotland (1707) and Ireland (1801) with England to form Great Britain.
- This was the basis of the UK until the devolution reforms in 1997.
The Great Reform Act 1832
- This Act expanded the franchise (the right to vote) to include more middle-class men,
and reduced the influence of the aristocracy in the electoral system.
- It also established the principle of parliamentary representation based on population
size, rather than historical privilege
Dissolution and Calling of Parliament Act 2022
- It's an Act of the Parliament of the United Kingdom that repealed the Fixed-term
Parliaments Act 2011
- Reinstated the prior constitutional situation, by reviving the prerogative powers of the
monarch to dissolve and summon parliament.
- As the monarch exercised this power at the request of the prime minister, this
restored the power of the prime minister to have a general election called at a time of
their choosing.
, Constitutional Development - Acts of Parliament - Parliament Acts (1911 and 1949) were
both put in place to limit the power of the House of Lords.
1911 and 1949 Parliament Acts
- A budget crisis was created in 1909 when the Lords rejected Lloyd-George’s
‘People’s Budget’ which had a substantial tax increase.
- In response the 1911 Parliament Act prevented the Lords from delaying money bills
and prevented them delaying other bills for more than 2 years.
- The 1949 Parliament Act reduced the period for which the House of Lords could
delay a bill to 1 year.
1972 European Communities Act
- European Communities Act (1972) was the piece of legislation that entered Britain
into the European Economic Community which would later become the EU.
- This gave EEC/EU law precedence over UK law in the case of a conflict.
- The Brexit process involves repealing this act.
European Union (Withdrawal) Act 2018
- Which provided the legal basis for the UK's withdrawal from the EU.
- The Act repealed the European Communities Act 1972 and ended the supremacy of
EU law in the UK.
- It also established a framework for converting EU law into domestic UK law, so that
the legal system would continue to function smoothly after the UK's departure from
the EU.
The Human Rights Act 1998
- This Act incorporated the European Convention on Human Rights into UK domestic
law, giving individuals the right to bring legal challenges against the government if
their human rights are violated.
Nature of the British Constitution
Nature of the UK Constitution - There are 5 main principles of the traditional UK
constitution - it is unentrenched, uncodified, unitary, and underpinned by principles of
parliamentary sovereignty and rule of law.
Parliamentary sovereignty
- Parliamentary sovereignty is the idea that parliament is supreme and ultimate
authority sits with it, as representative of the people.
- No Parliament can bind its successor – this means that parliament can repeal any act
passed by previous parliament.
- Parliament is also the supreme legislative body and legislation can’t be changed,
struck down or ignored by the judiciary or the executive.
Rule of law
- Rule of Law is the idea that everyone, including the government, is subject to the law
and held accountable to it.
Nature and sources of the Constitution
Development of the UK Constitution - The Constitution of the United Kingdom has been in
development for centuries and continues to develop to this day.
Key themes in development
- Power used to be centralised in the hands of the monarch.
- The main themes of constitutional development have been the transferral of power
from the monarch to parliament and the increase in the rights of citizens.
Beginnings of the Constitution
- The constitution is generally thought to have begun with the Magna Carta in 1215.
- The Magna Carta was an agreement between King John and his barons to prevent
the abuse of royal power.
- The Magna Carta sets out the principle that no one (including the king) is above the
law and sets out the right to a fair trial for all free men.
The Bill of Rights
- The next development of constitutional significance was the Bill of Rights which was
put into law when William III and Mary II took the throne in 1689.
- The Bill of Rights established the idea that the Monarch’s power is reliant on the
consent of parliament and set up frequent parliaments, freedom of speech within
parliament (parliamentary privilege) and free elections.
Act of Settlement (1701)
- The Act of Settlement (1701) stated that only a Protestant could become monarch
and gave control over the line of succession to the throne to parliament.
- This was shortly followed by the first of the Acts of Union - Acts that established the
union of Scotland (1707) and Ireland (1801) with England to form Great Britain.
- This was the basis of the UK until the devolution reforms in 1997.
The Great Reform Act 1832
- This Act expanded the franchise (the right to vote) to include more middle-class men,
and reduced the influence of the aristocracy in the electoral system.
- It also established the principle of parliamentary representation based on population
size, rather than historical privilege
Dissolution and Calling of Parliament Act 2022
- It's an Act of the Parliament of the United Kingdom that repealed the Fixed-term
Parliaments Act 2011
- Reinstated the prior constitutional situation, by reviving the prerogative powers of the
monarch to dissolve and summon parliament.
- As the monarch exercised this power at the request of the prime minister, this
restored the power of the prime minister to have a general election called at a time of
their choosing.
, Constitutional Development - Acts of Parliament - Parliament Acts (1911 and 1949) were
both put in place to limit the power of the House of Lords.
1911 and 1949 Parliament Acts
- A budget crisis was created in 1909 when the Lords rejected Lloyd-George’s
‘People’s Budget’ which had a substantial tax increase.
- In response the 1911 Parliament Act prevented the Lords from delaying money bills
and prevented them delaying other bills for more than 2 years.
- The 1949 Parliament Act reduced the period for which the House of Lords could
delay a bill to 1 year.
1972 European Communities Act
- European Communities Act (1972) was the piece of legislation that entered Britain
into the European Economic Community which would later become the EU.
- This gave EEC/EU law precedence over UK law in the case of a conflict.
- The Brexit process involves repealing this act.
European Union (Withdrawal) Act 2018
- Which provided the legal basis for the UK's withdrawal from the EU.
- The Act repealed the European Communities Act 1972 and ended the supremacy of
EU law in the UK.
- It also established a framework for converting EU law into domestic UK law, so that
the legal system would continue to function smoothly after the UK's departure from
the EU.
The Human Rights Act 1998
- This Act incorporated the European Convention on Human Rights into UK domestic
law, giving individuals the right to bring legal challenges against the government if
their human rights are violated.
Nature of the British Constitution
Nature of the UK Constitution - There are 5 main principles of the traditional UK
constitution - it is unentrenched, uncodified, unitary, and underpinned by principles of
parliamentary sovereignty and rule of law.
Parliamentary sovereignty
- Parliamentary sovereignty is the idea that parliament is supreme and ultimate
authority sits with it, as representative of the people.
- No Parliament can bind its successor – this means that parliament can repeal any act
passed by previous parliament.
- Parliament is also the supreme legislative body and legislation can’t be changed,
struck down or ignored by the judiciary or the executive.
Rule of law
- Rule of Law is the idea that everyone, including the government, is subject to the law
and held accountable to it.
