Government & Politics of the UK
The Nature and Sources of the British Constitution
Evaluating a Constitution:
● A constitution in a Western liberal democracy should be judged by the following
● A guarantee of free, fair and democratic elections
● Respect for individual human rights, individual consciences and promotion of tolerance
● Balance of individual rights with broader collective rights
● Lays out clearly where power and decision making lies and addresses the notion of
sovereignty
● Clear mechanisms for resolving problems
● Easy to understand and encourages citizens to participate in the political process
● Can be adapted and is flexible
● Upholds the rule of law
The Nature of the British Constitution:
● Uncodified: Not found in one single document or place
● Unitary: Most power lies with the centre at the Westminster Parliament
● Parliamentary Sovereignty: “No parliament can bind its successor” / what one elected
Parliament enacts as legislation a later Parliament can change or revoke
● Operates under the Rule of Law: The law applies to everyone, including those who
make the law
The Main Sources of the British Constitution:
Statute Law:
● Refers to Acts of Parliament and is the most important source of the Constitution. Eg.
Human Rights Act 1998
Common Law:
● Laws or rights passed down over the years by legal judgements in the courts, a process
known as judicial precedence. Eg. Criminality of murder
Royal Prerogative:
● The remaining powers exercised in the name of the Crown. Eg. The Power to Prorogue
Parliament
Conventions:
● Not written down anywhere but are generally agreed rules and procedures. Eg. Salisbury
Convention: HOL won’t delay any manifesto promises
Works of Authority:
● Least visible and clear sources of the Constitution. Generally are a variety of books and
documents that deal with areas such as parliamentary procedures. Eg. The Cabinet
Manual (2010)
1
,Milestones in the history and development of the British Constitution:
Magna Carta (1215):
● A royal charter of rights agreed between King John and his barons in response to the
baronial rebellion the King was facing. Most important clause remaining today is the
right of all free men to justice and fair trial. Many of its terms were specific and
particular to that time and only 4 out of the original 63 clauses remain. It was also silent
on the rights of ordinary subjects.
Bill of Rights (1689):
● Following the Glorious Revolution of 1688 and the flight of James II, William and Mary
from Holland were invited to assume the Crown. The newly crowned monarchs had to
accept the Bill of Rights and it was passed into law in December 1689. Key terms were
frequent parliaments, free elections and freedom of speech within Parliament
(parliamentary privilege). Also included the principle of no taxation without
Parliament’s agreement.
Since 1689 Parliament has met every year and has become a permanent institution rather
than an event. The Bill established the dominance of Parliament over the monarchy and
the principle of free speech in Parliament still exists to this day. However, the Bill did not
cover the rights of ordinary men or women and the Bill did not state anything about
freedom of expression for all members of society. The notion of a parliamentary state
needs to be treated carefully as Britain was far from being a democracy in 1689 and
Parliament was filled with wealthy male landowners.
Act of Settlement (1701):
● Main aim was to ensure a Protestant succession to the throne. Could be viewed as a key
milestone as it was a case of Parliament calling the shots. Established that the monarchy
existed on Parliament’s terms. However it did not propel Britain towards a modern
democratic state and in modern day terms by settling one religious group on the throne it
could be seen as a step back.
Parliament Acts 1911 and 1949:
● These Acts reduced the power of the House of Lords. In 1909 the unelected Conservative
dominated Lords broke Parliamentary convention and rejected the Liberal’s ‘People’s
Budget’. This created a constitutional crisis and resulted in two inconclusive general
elections in 1910.
● 1911: Removed HOL’s power of absolute veto over legislation and limited their power to
a 2 year delay
● 1949: Reduced delay to 1 year
● Both Acts increased the democratic accountability of Westminster and the Acts meant
that any bill passed by the Commons would effectively become law after 1 year.
Constitutional Changes since 1997:
House of Lords Act 1999:
● Removed all but 92 hereditary peers and allowed for the introduction more life peers
Scotland Act 1998, Wales Act 1998, Northern Ireland Act 1998:
● Set up devolved assemblies/parliaments in these countries
Human Rights Act 1998:
● Incorporated the European Convention of Human Rights into law.
Equality Act 2010:
2
, ● An act protecting 116 individual measures such as race, gender, disability and sexual
orientation
Fixed-term Parliaments Act 2011:
● Weakened the PM’s power to call snap elections
● Parliament needs a ⅔ majority to call an early general election
● Repealed in 2021
Data Protection Act 2018:
● EU law that placed strict controls on the handling of private data
How well does the British Constitution protect rights:
Protects them well:
● Formal support of human rights by government as every Parliamentary Act contains a
declaration that it complies with the HRA (1998)
● The HRA (1998) and European Convention on Human Rights (ECHR) incorporated
increased human rights into UK law
● UK has a relatively strong institutional framework for protecting rights eg. Supreme
Court and Equalities and Human Rights Commission
Doesn’t protect them:
● Little political consensus between the parties on human rights eg. Conservatives call for a
“British Bill of Rights” and leaving the ECHR
● Brexit is removing the safety net for migrant and labour rights that were provided by EU
law
● UK governments have been able to pass legislation that dilutes rights protection eg.
anti-terror laws
● Social and economic rights are seen to be poorly established and weakly protected
Individual vs Collective Rights:
Individual Collective
The individual right to privacy People suspected of crimes might have their
calls monitored to protect the collective right
to security
Individual right not to be discriminated Collective right of religious groups to express
against their beliefs
Individual right to free speech and opinion Collective right of a particular group not to be
subjected to hate speech
Individual right of employees not be Collective right of workers to be treated fairly
intimidated by others into industrial action and to go on strike
Individual right to keep public life private Collective right of a free press
Individual choice whether or not to be Collective right to be classed as clinically
3
, vaccinated vulnerable
The Structure and Role of Parliament
Parliament:
● UK Parliament is bicameral (2 chambers)
● The House of Lords and the House of Commons
● Commons holds virtually all real power
● All modern Prime Ministers and government ministers sit in the Commons
● The Lords is largely advisory and can only instruct the Commons to review a proposed
law
● The Commons is dominated by party politics
● The Lords consists entirely of unelected members
● It lacks any democratic mandate, reflected in its lack of powers
House of Lords:
● As of 2024 there are 787 peers in the House of Lords
● Life Peers:
● Those who are appointed to their peerage for their lifetime only & often appointed by
leaders of political parties (664 life peers)
● Hereditary Peers:
● 91 hereditary peers who hold roles such as Duke are selected from a wider pool of
hereditary peers.
● They were reduced to 92 by Blair’s 1999 House of Lords Reform Act
● Bishops:
● 26 Church of England Bishops who are selected mostly on the basis of seniority
● There is also 183 crossbenchers
House of Commons:
● Consists of 650 members of parliament (MPs)
● MPs are directly elected by single member constituencies who use the first-past-the post
(FPTP) electoral system
● Each MP represents an average of 68,000 voters
● Nearly all the MPs are members of a political party
● There is a handful of independents
● Prime Minister:
● Most important person in parliament
● The leader of the largest single party
● They can command most of the business in the Commons
● The Speaker:
● The speaker acts as the chair of the House
● They try to keep order and ensure a range of MPs have a chance to speak
4
The Nature and Sources of the British Constitution
Evaluating a Constitution:
● A constitution in a Western liberal democracy should be judged by the following
● A guarantee of free, fair and democratic elections
● Respect for individual human rights, individual consciences and promotion of tolerance
● Balance of individual rights with broader collective rights
● Lays out clearly where power and decision making lies and addresses the notion of
sovereignty
● Clear mechanisms for resolving problems
● Easy to understand and encourages citizens to participate in the political process
● Can be adapted and is flexible
● Upholds the rule of law
The Nature of the British Constitution:
● Uncodified: Not found in one single document or place
● Unitary: Most power lies with the centre at the Westminster Parliament
● Parliamentary Sovereignty: “No parliament can bind its successor” / what one elected
Parliament enacts as legislation a later Parliament can change or revoke
● Operates under the Rule of Law: The law applies to everyone, including those who
make the law
The Main Sources of the British Constitution:
Statute Law:
● Refers to Acts of Parliament and is the most important source of the Constitution. Eg.
Human Rights Act 1998
Common Law:
● Laws or rights passed down over the years by legal judgements in the courts, a process
known as judicial precedence. Eg. Criminality of murder
Royal Prerogative:
● The remaining powers exercised in the name of the Crown. Eg. The Power to Prorogue
Parliament
Conventions:
● Not written down anywhere but are generally agreed rules and procedures. Eg. Salisbury
Convention: HOL won’t delay any manifesto promises
Works of Authority:
● Least visible and clear sources of the Constitution. Generally are a variety of books and
documents that deal with areas such as parliamentary procedures. Eg. The Cabinet
Manual (2010)
1
,Milestones in the history and development of the British Constitution:
Magna Carta (1215):
● A royal charter of rights agreed between King John and his barons in response to the
baronial rebellion the King was facing. Most important clause remaining today is the
right of all free men to justice and fair trial. Many of its terms were specific and
particular to that time and only 4 out of the original 63 clauses remain. It was also silent
on the rights of ordinary subjects.
Bill of Rights (1689):
● Following the Glorious Revolution of 1688 and the flight of James II, William and Mary
from Holland were invited to assume the Crown. The newly crowned monarchs had to
accept the Bill of Rights and it was passed into law in December 1689. Key terms were
frequent parliaments, free elections and freedom of speech within Parliament
(parliamentary privilege). Also included the principle of no taxation without
Parliament’s agreement.
Since 1689 Parliament has met every year and has become a permanent institution rather
than an event. The Bill established the dominance of Parliament over the monarchy and
the principle of free speech in Parliament still exists to this day. However, the Bill did not
cover the rights of ordinary men or women and the Bill did not state anything about
freedom of expression for all members of society. The notion of a parliamentary state
needs to be treated carefully as Britain was far from being a democracy in 1689 and
Parliament was filled with wealthy male landowners.
Act of Settlement (1701):
● Main aim was to ensure a Protestant succession to the throne. Could be viewed as a key
milestone as it was a case of Parliament calling the shots. Established that the monarchy
existed on Parliament’s terms. However it did not propel Britain towards a modern
democratic state and in modern day terms by settling one religious group on the throne it
could be seen as a step back.
Parliament Acts 1911 and 1949:
● These Acts reduced the power of the House of Lords. In 1909 the unelected Conservative
dominated Lords broke Parliamentary convention and rejected the Liberal’s ‘People’s
Budget’. This created a constitutional crisis and resulted in two inconclusive general
elections in 1910.
● 1911: Removed HOL’s power of absolute veto over legislation and limited their power to
a 2 year delay
● 1949: Reduced delay to 1 year
● Both Acts increased the democratic accountability of Westminster and the Acts meant
that any bill passed by the Commons would effectively become law after 1 year.
Constitutional Changes since 1997:
House of Lords Act 1999:
● Removed all but 92 hereditary peers and allowed for the introduction more life peers
Scotland Act 1998, Wales Act 1998, Northern Ireland Act 1998:
● Set up devolved assemblies/parliaments in these countries
Human Rights Act 1998:
● Incorporated the European Convention of Human Rights into law.
Equality Act 2010:
2
, ● An act protecting 116 individual measures such as race, gender, disability and sexual
orientation
Fixed-term Parliaments Act 2011:
● Weakened the PM’s power to call snap elections
● Parliament needs a ⅔ majority to call an early general election
● Repealed in 2021
Data Protection Act 2018:
● EU law that placed strict controls on the handling of private data
How well does the British Constitution protect rights:
Protects them well:
● Formal support of human rights by government as every Parliamentary Act contains a
declaration that it complies with the HRA (1998)
● The HRA (1998) and European Convention on Human Rights (ECHR) incorporated
increased human rights into UK law
● UK has a relatively strong institutional framework for protecting rights eg. Supreme
Court and Equalities and Human Rights Commission
Doesn’t protect them:
● Little political consensus between the parties on human rights eg. Conservatives call for a
“British Bill of Rights” and leaving the ECHR
● Brexit is removing the safety net for migrant and labour rights that were provided by EU
law
● UK governments have been able to pass legislation that dilutes rights protection eg.
anti-terror laws
● Social and economic rights are seen to be poorly established and weakly protected
Individual vs Collective Rights:
Individual Collective
The individual right to privacy People suspected of crimes might have their
calls monitored to protect the collective right
to security
Individual right not to be discriminated Collective right of religious groups to express
against their beliefs
Individual right to free speech and opinion Collective right of a particular group not to be
subjected to hate speech
Individual right of employees not be Collective right of workers to be treated fairly
intimidated by others into industrial action and to go on strike
Individual right to keep public life private Collective right of a free press
Individual choice whether or not to be Collective right to be classed as clinically
3
, vaccinated vulnerable
The Structure and Role of Parliament
Parliament:
● UK Parliament is bicameral (2 chambers)
● The House of Lords and the House of Commons
● Commons holds virtually all real power
● All modern Prime Ministers and government ministers sit in the Commons
● The Lords is largely advisory and can only instruct the Commons to review a proposed
law
● The Commons is dominated by party politics
● The Lords consists entirely of unelected members
● It lacks any democratic mandate, reflected in its lack of powers
House of Lords:
● As of 2024 there are 787 peers in the House of Lords
● Life Peers:
● Those who are appointed to their peerage for their lifetime only & often appointed by
leaders of political parties (664 life peers)
● Hereditary Peers:
● 91 hereditary peers who hold roles such as Duke are selected from a wider pool of
hereditary peers.
● They were reduced to 92 by Blair’s 1999 House of Lords Reform Act
● Bishops:
● 26 Church of England Bishops who are selected mostly on the basis of seniority
● There is also 183 crossbenchers
House of Commons:
● Consists of 650 members of parliament (MPs)
● MPs are directly elected by single member constituencies who use the first-past-the post
(FPTP) electoral system
● Each MP represents an average of 68,000 voters
● Nearly all the MPs are members of a political party
● There is a handful of independents
● Prime Minister:
● Most important person in parliament
● The leader of the largest single party
● They can command most of the business in the Commons
● The Speaker:
● The speaker acts as the chair of the House
● They try to keep order and ensure a range of MPs have a chance to speak
4
