Summary

Summary UK politics & government: nature & sources of the constitution

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Course
Unit 2 - Governing the UK

Institution
PEARSON (PEARSON)

detailed study/revision notes for this area of the specification covering the basis of knowledge for the UK constitution; its nature & sources.

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Uploaded on June 27, 2024
Number of pages 3
Written in 2023/2024
Type Summary

uk politics
uk government
uk constitution
nature
sources
uncodified
unentrenched
magna carta

Study Level
A/AS Level
Examinator
PEARSON (PEARSON)
Subject
Government and Politics
Unit
Unit 2 - Governing the UK

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1.1 nature & sources of the UK constitution –

Key historical events in the development of the constitution –

Magna Carta 1215:
 placed limits on power of monarchy.
 Established principle that the crown is not above the law.
 Contains the first statement of the principle of habeas corpus – one cannot be
punished without due process of law.

The Bill of Rights Act 1698:
 gave legal force to ‘certain ancient rights & liberties.’
 Included the summoning of regular parliaments, free elections, no taxation without
parliamentary consent & parliamentary freedom of speech.
 Established principle of a constitutional monarchy

Act of Settlement 1701:
 Confirmed primacy of parliament over the crown by declaring that parliament has
the authority to determine the succession to the throne.
 Confirmed judicial independence by stating that a judge can be removed only on the
agreement of both houses of parliament.

Act of Union 1707:
 United the parliament of Scotland with that of England & Wales.
 Created United Kingdom, although independence of Scottish law was preserved.

Parliament Acts 1911 & 1949:
 1911 – Lords lost its right of veto – unable to amend financial bills such as the
Budget. Still able to delay other bills for only 2 years.
 1949 – reduced Lords’ right of delay from 2 years to 1 year.
 Collectively established the democratic legitimacy of parliament by asserting the
primacy of the Commons over the Lords.

NATURE –

‘Twin pillars’ –
 Constitutional theorist A.V. Dicey.
 Britain’s uncodified constitution is based on.
 Parliament is the supreme law-making body (sovereignty) – free to enact any
legislation for which it has a parliamentary majority. No parliament could enact
legislation that could force its successor to act a certain way.
 Govt must be according to the rule of law – same laws apply equally to every citizen
including govt.

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