UK CONSTITUTION
KEY TERMS
- CONSTITUTION → A set of rules that lay out the powers and functions of various
government institutions.
- UNENTRENCHED → No specific formal procedure for amending the constitution.
- UNCODIFIED → Not contained in a single written document.
- UNITARY → Power centralised and the central government possesses absolute
authority.
- FEDERAL → Power is shared and dispersed. The power of the central government is
limited by the sovereign power of lower levels of government, over which it has no
authority.
- PARLIAMENTARY SOVEREIGNTY → Parliament is the supreme legislative body. It is
free to enact any legislation for which it has a majority, since there is no authority greater
than parliament which could veto this. No parliament could enact legislation which could
force its successor to act in a certain way.
- RULE OF LAW → The same laws apply equally to every citizen, and that the
government is subject to the same laws as everyone else.
- STATUTE LAW → A parliamentary law which has been approved by both houses of
parliament and then given to royal assent. In the UK, there is no authority greater than
statute law. E.G. Scotland and Wales Act 1998 devolved power to those countries
- COMMON LAW → Judgement made by judges over important legal cases. Set
precedents to be followed in future cases. E.G. powers contained in the royal prerogative
- CONVENTIONS → the accustomed way in which political activity is carried out. Not
legally binding, but derives from the force of tradition. E.G. The assumption that a
government will resign if it loses a vote of confidence in the Commons.
- AUTHORITATIVE WORKS → Texts of such profound and enduring political significance
that they contribute to the constitution of the UK. A.V. Dicey’s rule of law
- TREATIES → A written agreement made between two or more political entities. EUHR
- DEVOLUTION → The transfer of powers to subnational assemblies from the central
government. These powers are said to be devolved, rather than given away, since the
central government retains sovereignty and, so in theory, could reclaim them.
- ROYAL PREROGATIVE → A series of historical powers officially held by the monarch
that have been passed to the Prime Minister E.G. foreign affairs such as declaration of
war and making of treaties.
- CONSTITUTIONAL MONARCHY → System of government in which a monarch (see
monarchy) shares power with a constitutionally organised government.
- PARLIAMENTARY GOVERNMENT → Government relies on parliament for authority and
legitimacy because the government is drawn from parliament.
- QUASI-FEDERALISM → a system of devolution where it is so unlikely or difficult for
power to be returned to central government that it is to all intents and purposes a federal
system even though it is not in strict constitutional terms
- ASYMMETRICAL DEVOLUTION → A type of devolution where the various regions have
been granted unequal amounts of power
1.1 THE NATURE AND SOURCES OF THE UK CONSTITUTION
● AN OVERVIEW OF THE DEVELOPMENT OF THE CONSTITUTION THROUGH KEY
HISTORICAL DOCUMENTS
MAGNA CARTA (1215) → Agreement between King John and Barons, who had rebelled against
the abuse of royal power. First attempt to limit the power of the monarchy and establish the
principle that monarchs should operate within the framework of the law. Made it clear that the
barons should not be deprived of liberty or property without trial.
, BILL OF RIGHTS (1689) → English civil war between King Charles and Parliament, there was a
time when England was without a monarch. Monarch soon restored, and a glorious revolution
occurred, leading to the overthrow of King James II and his replacement with the joint monarchy of
William II and Mary. The Bill of Rights was a result of the revolution. Included provisions such as
regular parliaments, free elections and freedom of speech in parliament. The aim was to make it
difficult for the monarchs to exceed their powers.
THE ACT OF SETTLEMENT (1701) → Established the rules governing the succession to the
throne. The monarch should be a member of the Church of England. Established the monarch;s
position as the ruler of the whole of the United Kingdom of Scotland, Wales and Ireland.
Established the right of parliament to determine the line of succession to the throne.
ACT OF UNION (1707) → Removed the separate Scottish Parliament and so established the
modern United Kingdom with one parliament based in Westminster. The devolution of power to
Scotland brought back the Scottish parliament, although it was still not the sovereign body in that
country.
PARLIAMENT ACTS (1911 AND 1949) → Settled the relationship between the House of
Commons and lords. Before this, the two houses were of equal status. Established the superiority
of the House of Commons and limits to the House of Lords.
THE EUROPEAN COMMUNITIES ACT (1972) → Brough UK into the European community, which
later became the European Union. Established the principle that EU law would take precedence
over UK law. EU law takes precedence over UK law. However, the UK voted to leave the EU in
2016.
THE EUROPEAN NOTIFICATION TO WITHDRAW ACT (2017) → Gave parliament consent to the
UK’s exit from the European referendum. The UK will leave the EU.
● THE NATURE OF THE UK CONSTITUTION
UNENTRENCHED → No specific formal procedure for amending the constitution.
UNCODIFIED → Not contained in a single written document.
UNITARY → Power centralised and the central government possesses absolute authority.
PARLIAMENTARY SOVEREIGNTY → Parliament is the supreme legislative body. It is free to
enact any legislation for which it has a majority, since there is no authority greater than parliament
which could veto this. No parliament could enact legislation which could force its successor to act
in a certain way.
RULE OF LAW → The same laws apply equally to every citizen, and that the government is
subject to the same laws as everyone else.
● THE FIVE MAIN SOURCES OF THE UK CONSTITUTION
STATUTE LAW → A parliamentary law which has been approved by both houses of parliament
and then given to royal assent. In the UK, there is no authority greater than statute law. E.G.
Scotland and Wales Act 1998 devolved power.
COMMON LAW → Judgement made by judges over important legal cases. Set precedents to be
followed in future cases. E.G. common-law marriage, which acknowledges similar rights as those
that have a marriage licence to couples that are not officially married if several conditions are met.
CONVENTIONS → the accustomed way in which political activity is carried out. Not legally
binding, but derives from the force of tradition. E.G. Prime minister exercising the King;s power to
KEY TERMS
- CONSTITUTION → A set of rules that lay out the powers and functions of various
government institutions.
- UNENTRENCHED → No specific formal procedure for amending the constitution.
- UNCODIFIED → Not contained in a single written document.
- UNITARY → Power centralised and the central government possesses absolute
authority.
- FEDERAL → Power is shared and dispersed. The power of the central government is
limited by the sovereign power of lower levels of government, over which it has no
authority.
- PARLIAMENTARY SOVEREIGNTY → Parliament is the supreme legislative body. It is
free to enact any legislation for which it has a majority, since there is no authority greater
than parliament which could veto this. No parliament could enact legislation which could
force its successor to act in a certain way.
- RULE OF LAW → The same laws apply equally to every citizen, and that the
government is subject to the same laws as everyone else.
- STATUTE LAW → A parliamentary law which has been approved by both houses of
parliament and then given to royal assent. In the UK, there is no authority greater than
statute law. E.G. Scotland and Wales Act 1998 devolved power to those countries
- COMMON LAW → Judgement made by judges over important legal cases. Set
precedents to be followed in future cases. E.G. powers contained in the royal prerogative
- CONVENTIONS → the accustomed way in which political activity is carried out. Not
legally binding, but derives from the force of tradition. E.G. The assumption that a
government will resign if it loses a vote of confidence in the Commons.
- AUTHORITATIVE WORKS → Texts of such profound and enduring political significance
that they contribute to the constitution of the UK. A.V. Dicey’s rule of law
- TREATIES → A written agreement made between two or more political entities. EUHR
- DEVOLUTION → The transfer of powers to subnational assemblies from the central
government. These powers are said to be devolved, rather than given away, since the
central government retains sovereignty and, so in theory, could reclaim them.
- ROYAL PREROGATIVE → A series of historical powers officially held by the monarch
that have been passed to the Prime Minister E.G. foreign affairs such as declaration of
war and making of treaties.
- CONSTITUTIONAL MONARCHY → System of government in which a monarch (see
monarchy) shares power with a constitutionally organised government.
- PARLIAMENTARY GOVERNMENT → Government relies on parliament for authority and
legitimacy because the government is drawn from parliament.
- QUASI-FEDERALISM → a system of devolution where it is so unlikely or difficult for
power to be returned to central government that it is to all intents and purposes a federal
system even though it is not in strict constitutional terms
- ASYMMETRICAL DEVOLUTION → A type of devolution where the various regions have
been granted unequal amounts of power
1.1 THE NATURE AND SOURCES OF THE UK CONSTITUTION
● AN OVERVIEW OF THE DEVELOPMENT OF THE CONSTITUTION THROUGH KEY
HISTORICAL DOCUMENTS
MAGNA CARTA (1215) → Agreement between King John and Barons, who had rebelled against
the abuse of royal power. First attempt to limit the power of the monarchy and establish the
principle that monarchs should operate within the framework of the law. Made it clear that the
barons should not be deprived of liberty or property without trial.
, BILL OF RIGHTS (1689) → English civil war between King Charles and Parliament, there was a
time when England was without a monarch. Monarch soon restored, and a glorious revolution
occurred, leading to the overthrow of King James II and his replacement with the joint monarchy of
William II and Mary. The Bill of Rights was a result of the revolution. Included provisions such as
regular parliaments, free elections and freedom of speech in parliament. The aim was to make it
difficult for the monarchs to exceed their powers.
THE ACT OF SETTLEMENT (1701) → Established the rules governing the succession to the
throne. The monarch should be a member of the Church of England. Established the monarch;s
position as the ruler of the whole of the United Kingdom of Scotland, Wales and Ireland.
Established the right of parliament to determine the line of succession to the throne.
ACT OF UNION (1707) → Removed the separate Scottish Parliament and so established the
modern United Kingdom with one parliament based in Westminster. The devolution of power to
Scotland brought back the Scottish parliament, although it was still not the sovereign body in that
country.
PARLIAMENT ACTS (1911 AND 1949) → Settled the relationship between the House of
Commons and lords. Before this, the two houses were of equal status. Established the superiority
of the House of Commons and limits to the House of Lords.
THE EUROPEAN COMMUNITIES ACT (1972) → Brough UK into the European community, which
later became the European Union. Established the principle that EU law would take precedence
over UK law. EU law takes precedence over UK law. However, the UK voted to leave the EU in
2016.
THE EUROPEAN NOTIFICATION TO WITHDRAW ACT (2017) → Gave parliament consent to the
UK’s exit from the European referendum. The UK will leave the EU.
● THE NATURE OF THE UK CONSTITUTION
UNENTRENCHED → No specific formal procedure for amending the constitution.
UNCODIFIED → Not contained in a single written document.
UNITARY → Power centralised and the central government possesses absolute authority.
PARLIAMENTARY SOVEREIGNTY → Parliament is the supreme legislative body. It is free to
enact any legislation for which it has a majority, since there is no authority greater than parliament
which could veto this. No parliament could enact legislation which could force its successor to act
in a certain way.
RULE OF LAW → The same laws apply equally to every citizen, and that the government is
subject to the same laws as everyone else.
● THE FIVE MAIN SOURCES OF THE UK CONSTITUTION
STATUTE LAW → A parliamentary law which has been approved by both houses of parliament
and then given to royal assent. In the UK, there is no authority greater than statute law. E.G.
Scotland and Wales Act 1998 devolved power.
COMMON LAW → Judgement made by judges over important legal cases. Set precedents to be
followed in future cases. E.G. common-law marriage, which acknowledges similar rights as those
that have a marriage licence to couples that are not officially married if several conditions are met.
CONVENTIONS → the accustomed way in which political activity is carried out. Not legally
binding, but derives from the force of tradition. E.G. Prime minister exercising the King;s power to
