Sour ces of the Constitution:
Statute Law :
Momentous acts of parliament contribute to the UK's uncodified constitution. For
example, the Parliament Act of 1911, which remove the House of Lords right of veto,
established the principle that parliament should reflect the democratic will of the
public expressed to the House of Commons. Another Parliamentary statue of
enduring importance is the Representation of the People Act of 1928, by which the
UK adopted universal suffrage.
Com m on Law :
How the judiciary interprets the meaning of the law contributes to the development
of case law. This is especially important on occasions when statute law is lacking or
unclear. The precedents set in such cases are so far reaching that they can be said to
contribute to the constitution as common law. For example, in the case of R vs R in
1991, establish the principle in common law that a husband could be guilty of raping
his wife. Until this case there was no legal safeguard against rape in marriage.
Con ven tion s:
Conventions represent the accustomed way in which political activity is carried out.
Conventions are not legally binding. Their constitutional significance derives from
tradition. For example, there is no legal requirement that a member of the House of
Lords cannot be prime minister. However, in 1963, Lord Home recognised that this
would be constitutionally unacceptable, and he resigned his period so that he could
fight the election to enter the House of Commons as Sir Alec Douglas-Home. In
2003, by allowing the House of Commons to vote on whether to support military
action against Iraq, Tony Blair established the convention that henceforth
Parliament should be consulted over the large-scale commitment of British forces to
military operations
Lan dm ar k Decision s:
Some historical events also contribute towards the Constitution. The Magna Carta of
1215, recognise the limits can be placed on the authority of the crown and has
therefore influence the development of the rule of law. The Bill of Rights of 1689
, asserts the subordination of the crown to Parliament, as well as condemning illegal
and cruel punishment.
Au thor itative W or ks:
There are a small number of influential works that are said to be part of the
constitution. Walter Bagehot, in The English Constitution of 1867, explains the
relationship between the monarchy, the legislature and the executive, which makes
this work at core constitutional text. A.V. Dicey’s Introduction to the Law of the
Constitution is similarly important because Dicey explains how the British
contribution rest upon the twin pillars of Parliamentary sovereignty and the role of
law. Erskine May published Parliamentary Practice in 1884 which explains in minute
detail how parliament operates and is now in its 25th updated edition.
Tr eaties:
As a result of the European Communities Act of 1972, the UK accepted the Treaty of
Accession, which the Prime Minister, Edward Heath, had negotiated. This made the
UK a signatory to the Rreaty of Rome and meant that the UK accepted all existing
European Community law.
B ill of Rights Act 1689
This act is based on the principle that the right of the Crown to govern derives from a
contract made with Parliament that it will govern according to the rule of law. The
acceptance by William and Mary of the Bill of Rights established the principle of a
constitutional monarchy.
Labour s Constitutional Refor m s (1997-2010):
Devolu tion /decen tr alisation :
Labours flagship constitutional reform in 1997 was devolution. In 1997, referendums
were held in Scotland and Wales over whether they wished to have their own elected
governments. Scotland voted by large majority in favour of having its own
parliament, while Wales voted in favour of having its own assembly by a tiny margin.
In 1998, as part of the Good Friday agreement, Northern Ireland also voted in a