BRITISH POLITICS: GOV. IN A GLOBAL AGE
British Constitution
Usually a single and authoritative (definitive) document – enshrining the most basic principles of
governance.
Legal frame-work for governance
Defines functions / powers / competencies of a state and its institutions/agencies
Iterates the rights and duties of members (subjects/citizens)
And their relations to the ‘supreme authority’ of the state
Often a ‘founding’ document of the state as above
No ‘founding moment’ of the British state
Wales was ‘incorporated’ into English state by Henry 8 th
Scotland and Ireland incorporated by the Acts of Union 1707 and 1800
But grafted onto pre-existent English state emerging from pre-Norman roots
A peculiar constitution?
Not ‘unwritten’ but ‘uncodified’
‘Unknowable’
‘Peculiar’ but praised by visitors such as Voltaire for its ‘flexibility’
Few other examples in the world – Israel and New Zealand
Six key sources of the British Constitution
1. Statutes:
- Acts of Parliament (primary legislation) over-ride all other constitutional sources
- Even previous Acts of Parliament
- Except since 1973 some EU law takes precedence in certain areas
- Some examples: Act of Supremacy (1559)/ Representation of the People Acts – 1918 votes
for women / Freedom of information Act (2000)
2. Royal prerogatives:
- Derived directly from the Crown not parliament
- Now exercised more by ministers of the crown than the crown per se on ‘royal authority’
- Executed formally as Orders-in Council – referring to the Privy Council – advisers to the
Monarch
- Via Royal proclamations or Writs issued under the Great Seal -ancient symbol of
monarchical power that now resides with the elected government
- Used to symbolize the monarch's approval of important state documents
- Problem here is lack of parliamentary approval of important powers
- And their over-use…. e.g. the proposal to approve Brexit deal
3. The Common Law:
- Customs/ precedents established by judicial decisions; examples – freedom of speech,
Habeas Corpus, freedom of assembly etc.
British Constitution
Usually a single and authoritative (definitive) document – enshrining the most basic principles of
governance.
Legal frame-work for governance
Defines functions / powers / competencies of a state and its institutions/agencies
Iterates the rights and duties of members (subjects/citizens)
And their relations to the ‘supreme authority’ of the state
Often a ‘founding’ document of the state as above
No ‘founding moment’ of the British state
Wales was ‘incorporated’ into English state by Henry 8 th
Scotland and Ireland incorporated by the Acts of Union 1707 and 1800
But grafted onto pre-existent English state emerging from pre-Norman roots
A peculiar constitution?
Not ‘unwritten’ but ‘uncodified’
‘Unknowable’
‘Peculiar’ but praised by visitors such as Voltaire for its ‘flexibility’
Few other examples in the world – Israel and New Zealand
Six key sources of the British Constitution
1. Statutes:
- Acts of Parliament (primary legislation) over-ride all other constitutional sources
- Even previous Acts of Parliament
- Except since 1973 some EU law takes precedence in certain areas
- Some examples: Act of Supremacy (1559)/ Representation of the People Acts – 1918 votes
for women / Freedom of information Act (2000)
2. Royal prerogatives:
- Derived directly from the Crown not parliament
- Now exercised more by ministers of the crown than the crown per se on ‘royal authority’
- Executed formally as Orders-in Council – referring to the Privy Council – advisers to the
Monarch
- Via Royal proclamations or Writs issued under the Great Seal -ancient symbol of
monarchical power that now resides with the elected government
- Used to symbolize the monarch's approval of important state documents
- Problem here is lack of parliamentary approval of important powers
- And their over-use…. e.g. the proposal to approve Brexit deal
3. The Common Law:
- Customs/ precedents established by judicial decisions; examples – freedom of speech,
Habeas Corpus, freedom of assembly etc.
