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Summary SQE1 | CONSTITUTIONAL LAW
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THE BRITISH CONSTITUTIONUK - created in 1801
• Unitary state
1707 - E&W merged with Scotland through the Acts of Union 1707
Act of Union 1800 - Kingdom of Great Britain + Kingdom of Ireland
Parliament Acts - the House of Commons can force bills through without the Lords’ consent.
Reforms to the House of Lords in the 20th century:
1. Life Peerage Act 1958 - regular creation of life peerage dignity
2. House of Lords act 1999 - removed the automatic right of hereditary peers to sit in the Upper
House
3. Constitutional Reform Act 2005 - abolition of the judicial functions of the House of Lords and
creation of the Supreme Court of the United Kingdom
The UK’s constitution = statute + common law + unwritten convention
[ flexible and constantly evolving ]
Examples of unwritten constitution:
• Magna Carta
• Petition of Right
• Bill of Rights
• Reform Act
• Act of Settlement
• Parliament Acts
• Human Rights Act (HRA)
• European Communities Act
• Acts of Devolution
Constitutional convention => informal and uncodified procedural agreement that is followed by
the institutions of a state even though it is not written in any document that has legal force.
• Government ministers are held responsible and accountable for their activities and decisions
• Monarch shall give Royal Assent to all legislation
• Prime minister is the leader of the party with an absolute majority of seats in the House of
Commons
• All money bills must be introduced in the House of Commons
• The Monarch will accept and act on the advice of the ministers who are responsible to
Parliament for that advice
• The Monarch does not ignore that advice
• All ministers, must be members of the House of Commons and are thereby accountable to the
respective branches of the legislature
• All cabinet members must be members of the Privy Council
• Texts of most international treaties are laid before Parliament at least 21 days before ratification
(Ponsonby rule)
• treaties, although ratifies using royal prerogative, will not be ratified until the passing of a
suitable statute by Parliament
• The House of Lords shall not oppose legislation for the House of Commons that was a part of
the government’s manifesto (Salisbury convention)
Doctrine of parliamentary sovereignty => statutes passed by parliament are the UK’s supreme and
final source of law
, Parliamentary privilege :
- freedom from arrest
- Freedom from prosecution for defamation
- Freedom of speech
Enshrines fundamental civil and political rights.
Primary and subordinate legislation must be read and given effect in a way
HUMAN which is compatible with the convention rights. If the court is satisfied that
RIGHTS a provision of primary legislation is incompatible with a convention right, it
ACT may make a declaration of incompatibility. However ECHR does not
override legislation.
Courts should take into account ECHR jurisprudence.
Courts can make a DOI = if the legislation subject to the declaration is incompatible with one of
the convention rights. However, only Parliament can remove the incompatibility due to the
principle of parliamentary sovereignty.
Nevertheless it can strike out secondary legislation provided the primary legislation does not
prevent this.
The judiciary has discretion to :
- refuse to enforce the legislation
- Set it aside
- Strike it down
FREEDOM OF SPEECH
Law of confidence - when a confidential information is in the Government’s possession, it can be
protected from disclosure only if the public interest requires protection, if it can be shown that:
• The information has the necessary “quality of confidence” - it should not be in the public
domain or readily available
• The information was communicated in circumstances giving rise to an obligation of confidence
(professional-client relationship)
• There was unauthorised use of that material
FREEDOM OF ASSEMBLY AND ASSOCIATION
- courts have held that obstruction of a highway will not be unlawful in the case of a protest that
has a reasonable aim where there is no evidence of pedestrians being obstructed and where
the defendant is exercising his right to free expression under art.10
PRIVACY RIGHTS
Article 8 sets out four important privacy rights:
1. The right to respect for one’s private life
2. Family life
3. Home
4. Correspondence
Justification for infringement are based on:
• National security
• Prevention of disorder or crime
• Measures taken by the public authorities that are “necessary in a democratic society” (pressing
social need proportionate to the aim pursued)
CONSTITUTIONAL REFORMS
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