The Constitution:
Development, nature, and sources of UK constitution:
Elements of the UK constitution can be traced back more than a thousand years
ago.
In Middle Ages, power was concentrated in hands of the monarch. However, in
order to govern the country, the Crown required the co-operation of a class of
landowning nobility, who gradually gained more rights over time. From the 13th
century the nobles and other interest groups gained representation in an
assembly – parliament – that met to advise the monarch, pass laws and give
consent to taxation.
The UK constitution lacks a single founding document however it does have
important written components.
Key Documents:
Document Date Overview Developments of
constitution
Magna Carta 1215 Agreement Magna Carta stated
between King John that principle that
and barons. no one should be
Largely a deprived of liberty
concession to or property without
specific demands of due process of law.
the nobility. Many
clauses have been
repealed or
superseded by later
legislation.
Bill of Rights 1689 Passed by Bill of Rights
parliament in included provisions
reaction to arbitrary for:
rule of King James Regular
II, who was driven Parliaments
from the throne in Free
the ‘Glorious elections
Revolution’. William Freedom of
III affirmed rights of speech
parliament when he within
became successor. parliament
Act of Settlement 1701 Motivated by desire The act established
to exclude James II the right of
and his heirs from parliament to
the throne. determine the line
of succession to the
throne.
Acts of Union 1707 United England and Basis of UK until
Scotland, which had Tony Blair new
had a shared Labour government
monarch since passed legislation
1603 nut had to set up Scottish
retained 2 separate parliament once
parliaments based again in 1997.
in Westminster.
Parliament Acts 1991 Reduced power of 1911 act affirmed
1949 House of Lords to that the Lords could
interfere with the not delay money
, agenda of the bills. For non-
House of Commons. financial bills, the
1911 Act was power of veto was
provoked by the replaced with a 2-
action of the Lords year delaying
in rejecting the power.
radical tax-raising
‘People’s Budget’. 1949 act reduced
this delaying period
to 1-year.
European 1972 Passed by Edward Established the
Communities Act Heath’s principle that EU
Conservative law would take
government, the precedence over UK
act took Britain in law where a conflict
the European occurred. This act
Economic was expected to be
Community, the repealed after a
forerunner of the referendum in 2016
European Union which concluded
(EU) that the people
want us to leave
the European
Union.
Nature of UK constitution:
Uncodified – no single legal code or document. Instead it is derived form a
number of sources, some written while other are unwritten.
Unentrenched – Can be altered relatively easily, by a simple majority vote in
parliament. It therefore has a higher degree of flexibility than a codified
constitution. In UK all laws are equal. A codified constitution’s laws have status
than ordinary laws.
Unitary – Sovereignty (ultimate authority) has traditionally been located at the
center with the component parts of the country – England, Scotland, Wales and
Northern Ireland – all essentially run from London. This has been modified since
the introduction of devolution in the late 1990s.
Parliamentary sovereignty and the rule of law:
The Victorian constitutional theorist, A.V Dicey, identified 2 key principles of the UK
constitution.
There are 3 main ways in which Parliament can be sovereign.
1. No Parliament can bind its successor. Parliament has the right to amend or repeal
any acts.
2. Legislation passed by parliament cannot be struck down by a higher body, such as
a constitutional court. The UK’s supreme court interpret but not overturn an act of
parliament.
3. Parliament can make a law on any subject.
The Rule of Law = the principle that all people and bodies must follow the law and can
be held accountable if they do not.
Under the Rule of Law:
, Everyone is entitled to a fair trial and no one should be imprisoned without due
legal process.
All citizens must obey the law and are equal under it.
Public officials are not above the law and they can be held to account by the
courts.
The judiciary must be independent of political interference.
Five main sources of UK constitution:
Source What is it? Relationships Example
Statute law Laws passed by Supersedes all other 2005
parliament. It is the sources Constitutional
most important Reform Act –
source as it is Created
underpinned by the separate
concept of Supreme Court
parliamentary
sovereignty
Common Law Laws made by judges Cannot contradict Royal
where the law does statute law but has Prerogative
not cover the issue or equal authority to it.
is unclear. They
provide precedents
for later judgements.
Important in cases
where it is not clear
how statue law
should be applied.
Conventions Traditions not Can be removed or PM is leader of
contained in law but made permanent by largest party in
influential in Stature Law parliament
operation of political
system. Can be
challenged by an act
of parliament.
Authoritative Works written by Not binding but are Walter
Works experts describing considered extremely Bagehot’s ‘The
how a political strong guidance, English
system is run, which which are usually Constitution’
are not legally adhered to.
binding but are taken
as significant guides.
They lack legal
standing.
Treaties Formal agreements Brexit
with other countries,
usually ratified by
parliament.
Development, nature, and sources of UK constitution:
Elements of the UK constitution can be traced back more than a thousand years
ago.
In Middle Ages, power was concentrated in hands of the monarch. However, in
order to govern the country, the Crown required the co-operation of a class of
landowning nobility, who gradually gained more rights over time. From the 13th
century the nobles and other interest groups gained representation in an
assembly – parliament – that met to advise the monarch, pass laws and give
consent to taxation.
The UK constitution lacks a single founding document however it does have
important written components.
Key Documents:
Document Date Overview Developments of
constitution
Magna Carta 1215 Agreement Magna Carta stated
between King John that principle that
and barons. no one should be
Largely a deprived of liberty
concession to or property without
specific demands of due process of law.
the nobility. Many
clauses have been
repealed or
superseded by later
legislation.
Bill of Rights 1689 Passed by Bill of Rights
parliament in included provisions
reaction to arbitrary for:
rule of King James Regular
II, who was driven Parliaments
from the throne in Free
the ‘Glorious elections
Revolution’. William Freedom of
III affirmed rights of speech
parliament when he within
became successor. parliament
Act of Settlement 1701 Motivated by desire The act established
to exclude James II the right of
and his heirs from parliament to
the throne. determine the line
of succession to the
throne.
Acts of Union 1707 United England and Basis of UK until
Scotland, which had Tony Blair new
had a shared Labour government
monarch since passed legislation
1603 nut had to set up Scottish
retained 2 separate parliament once
parliaments based again in 1997.
in Westminster.
Parliament Acts 1991 Reduced power of 1911 act affirmed
1949 House of Lords to that the Lords could
interfere with the not delay money
, agenda of the bills. For non-
House of Commons. financial bills, the
1911 Act was power of veto was
provoked by the replaced with a 2-
action of the Lords year delaying
in rejecting the power.
radical tax-raising
‘People’s Budget’. 1949 act reduced
this delaying period
to 1-year.
European 1972 Passed by Edward Established the
Communities Act Heath’s principle that EU
Conservative law would take
government, the precedence over UK
act took Britain in law where a conflict
the European occurred. This act
Economic was expected to be
Community, the repealed after a
forerunner of the referendum in 2016
European Union which concluded
(EU) that the people
want us to leave
the European
Union.
Nature of UK constitution:
Uncodified – no single legal code or document. Instead it is derived form a
number of sources, some written while other are unwritten.
Unentrenched – Can be altered relatively easily, by a simple majority vote in
parliament. It therefore has a higher degree of flexibility than a codified
constitution. In UK all laws are equal. A codified constitution’s laws have status
than ordinary laws.
Unitary – Sovereignty (ultimate authority) has traditionally been located at the
center with the component parts of the country – England, Scotland, Wales and
Northern Ireland – all essentially run from London. This has been modified since
the introduction of devolution in the late 1990s.
Parliamentary sovereignty and the rule of law:
The Victorian constitutional theorist, A.V Dicey, identified 2 key principles of the UK
constitution.
There are 3 main ways in which Parliament can be sovereign.
1. No Parliament can bind its successor. Parliament has the right to amend or repeal
any acts.
2. Legislation passed by parliament cannot be struck down by a higher body, such as
a constitutional court. The UK’s supreme court interpret but not overturn an act of
parliament.
3. Parliament can make a law on any subject.
The Rule of Law = the principle that all people and bodies must follow the law and can
be held accountable if they do not.
Under the Rule of Law:
, Everyone is entitled to a fair trial and no one should be imprisoned without due
legal process.
All citizens must obey the law and are equal under it.
Public officials are not above the law and they can be held to account by the
courts.
The judiciary must be independent of political interference.
Five main sources of UK constitution:
Source What is it? Relationships Example
Statute law Laws passed by Supersedes all other 2005
parliament. It is the sources Constitutional
most important Reform Act –
source as it is Created
underpinned by the separate
concept of Supreme Court
parliamentary
sovereignty
Common Law Laws made by judges Cannot contradict Royal
where the law does statute law but has Prerogative
not cover the issue or equal authority to it.
is unclear. They
provide precedents
for later judgements.
Important in cases
where it is not clear
how statue law
should be applied.
Conventions Traditions not Can be removed or PM is leader of
contained in law but made permanent by largest party in
influential in Stature Law parliament
operation of political
system. Can be
challenged by an act
of parliament.
Authoritative Works written by Not binding but are Walter
Works experts describing considered extremely Bagehot’s ‘The
how a political strong guidance, English
system is run, which which are usually Constitution’
are not legally adhered to.
binding but are taken
as significant guides.
They lack legal
standing.
Treaties Formal agreements Brexit
with other countries,
usually ratified by
parliament.
