This 240 page document contains in-depth notes for every topic in UK politics, containing examples, essay plans for 9-markers and essay plans for 25. This document will give you everything you need to get an A* in A level Politics ensuring you understand all the different analysis and examples need...
Nature and Sources of the British Constitution
Specification
Key concepts and terminology:
codified
uncodified
statute
common law
conventions
authoritative opinions
The royal prerogative
rule of law
parliamentary sovereignty
individual and collective rights.
Focus
Students should develop awareness of the significance of the following
historical documents to the development of rights in the UK:
Magna Carta (1215)
Bill of Rights (1689)
Act of Settlement (1701)
Parliaments Acts (1911 and 1949).
Students should analyse and evaluate:
the nature and sources of the British constitution
contemporary legislation and current issues regarding rights
issues and debates around recent constitutional changes
debates about the extent of rights in the UK
two examples of constitutional changes since 1997, such as the
establishment of devolved legislative bodies in constituent countries of the
UK, the introduction of a Freedom of Information Act, adoption of the Human
Rights Act, changing composition of the House of Lords
areas where individual and collective rights are in agreement and where they
are in conflict.
Key Concepts
Codified
o Constitutional rights (body of laws, rules and practices) all in one single written authoritative
document, fundamental law superior to other law, entrenched, greater clarity+ separation of
office, courts use constitution to determine legality of govt. action
Uncodified
, o An uncodified constitution is one which is not contained within a single written document-
variety of documents and conventions – no fundamental or hierarchy of law- can be
amended at any time, limited judicial review – no single document
Statute
o Law created by parliament – implemented by executive and enforced by courts, supreme
source of constitutional law due to parliamentary sovereignty
Common Law
o Legal principles developed over time, judicial review clarifies and established legal positions
where statute is unclear- legal precedent formed to guide lower courts and future law-
makers- customs, precedents, legally binding – SC and Court of Appeal can establish
precedent but Parliament can override common law through statute law
e.g. Al Rawi v Security Service (2010) – gov wanted to use ‘closed material procedure’
where evidence only shown to judge and not other side, SC said it would undermine CL,
parliament passed Justice and Security Act (2010) to allow it.
Conventions
o Norms of behaviour – not codified or legally enforceable or entrenched (morally entrenched)
– 2011 Cabinet Office Manual – brought many conventions together in single document –
help different branches operate more smoothly – conventions rely on common agreement
act of parliament may become necessary to legally enforce
Salisbury Convention 1945- ensures major government bills can get through Lords- means
Lords does not vote down at 2nd/3rd reading/ govt. manifesto bills
Authoritative Opinions
o Long established legal and political texts – no formal legal status only persuasive
Erskine May’s Treatise on Law, privileges, proceeding and usage of Parliament,
Dicey – An introduction to the study of the law of the constitution
Walter Bagehot- English Constitution
The Royal Prerogative
o Royal prerogative- powers exercised in name of the crown - significant element of UK's
government and constitution. It enables Ministers to, among many other things, deploy the
armed forces, make and unmake international treaties and to grant honours.
Rule Of Law
o No one can be punished without trial- ensures state action is limited and responsible – law
equally applied to everyone- no one is above the law – governs the nation not individuals – a
person shouldn’t be punished unless they breached the law
A and others v Secretary of State for the Home Department (2004) held that the indefinite
detention of foreign prisoners in Belmarsh without trial under the Anti-terrorism, Crime
and Security Act 2001 was incompatible with the ECHR.
Parliamentary Sovereignty
o Legal supremacy- Westminster is the supreme law-making body and can legislate on any
matter without being overturned by higher authority- no parliament can bind successors-
cant make laws that can’t be changed
Individual And Collective Rights
o Individual rights belong to each citizen – right to free speech or religion
o Collective rights lie with groups of people- members of a trade union or disabled people
Focus (Historical Documents)
Magna Carta 1215
Drawn up to check the power of the English king and set out basic rights of subjects-
established principle of the rule of law + equal access to justice
Clause 39 – ‘No free man shall be imprisoned or deprived of his lands except by judgement
of his peers or by the law of the land’ , Clause 40- ‘to no one shall we sell, delay or deny right
, or justice’ , Clause 61- assembly and expression of inextricable link between taxation and
representation
Forced John to recognise limits to power - could only govern with laws and customs of land
but terms dealt with specific complaints from Barons- not interests of the general public
Only 4 of its clauses remain unrepealed – silent on the rights of ordinary subjects
Bill of Rights 1689
Charles II brother James II came to throne in 1685- unpopular with elite – fear of Catholicism –
leaders invite William of Orange 1688 to take control over England - Parliament establishes rules
to bar both a Catholic restoration and limit the powers of a foreign ruler
Bill of rights established parliament sovereignty + supremacy over Monarch
o Requirement for regular parliaments sustained by free elections
o Basic rights of citizens, primacy of rule of law and the prohibition of cruel and unusual
punishment
o Supremacy of parliament in matters of taxation and legislation
o Article 9 of the Bill of Rights enshrines in law the principles of parliamentary privilege
meaning that members can speak freely within Parliament without fear of arrest or legal
action
Didn’t cover the rights of ordinary men or women- nothing to do with freedom of expression
and belief for all members of society
Act of Settlement 1701
Remains one of the main constitutional laws governing succession to the throne of UK
Prohibits Roman Catholics from acceding to the throne- shows Parliamentary supremacy
Private members’ bills introduced 2004,2009 and 2011 have failed to repeal / amend this act
Until 1707
o All constitutional reforms applied to England only
o Scotland had separate Parliament and legal system- legally distinct entity separate from
England
o Act of Union designed to prevent Catholic return north of the border
Didn’t propel England to modern democratic state
Parliament Acts 1911 and 1949
Parliament Acts asserted the supremacy of the HoC- over the unelected Lords by limiting
and potentially bypassing its legislation-blocking powers of veto
o 1909 – unelected Conservative Lords broke parliamentary convention rejecting
Liberal government’s ‘People’s Budget’ – constitutional crisis – ended absolute veto
of Lords over legislation and restricted their power to delay a bill for 2 years
1911 act limited delay of money bills to 1 month and 1949 made further amendments to
limit the overall delaying power of the Lords from 2years to 1year
Increases democratic accountability of Westminster – unelected chamber couldn’t frustrate
will of elected house – any bill passed in Commons will become law after a year
Didn’t address the fact that HoL was unelected
Amended form of the 1911 Act had been used just 4 times – most recent with the Hunting
Act 2004 prohibiting hunting with dogs
European Communities Act 1972
European Union law is major source of UK constitutional arrangements – stemming from
European Communities Act- all legislation had to conform with EU law – incursion to
parliamentary sovereignty – added to by Single European Act 1987, Lisbon Treaty 2007
The Great Repeal Bill will repatriate EU law into British law as part of Brexit
, The Nature and Sources of the British constitution
Nature
1. Uncodified
2. Not entrenched
Uncodified constitution means our constitution isn’t entrenched
Laws very easy to change
No single authoritative documents
Constitution can be amended like ordinary laws
3. Parliamentary sovereignty
Parliamentary sovereignty- Westminster Parliament= supreme law- making body
Can legislate on any matter-Parliament voted to join EEC in 1972 – repealed by laws enabling
Brexit- European Union Withdrawal Act 2018 and the EU Withdrawal Agreement Act 2020
No parliament can bind its successors – you can’t make any laws that cannot be changed
4. Rule of Law
Relationship between state and its citizens- ensures state action is limited and responsible
No one can be punished without trial, No one is above the law, all subject to same justice
PM or Cabinet ministers cannot exceed lawful powers- can be challenged
The law is equally applied to everyone – no one is above the law – the law governs the
nation, not individuals = Dicey’s second ‘twin pillar’.
A person should not be punished unless they have breached the law .
A and others v Secretary of State for the Home Department (2004) held that the indefinite
detention of foreign prisoners in Belmarsh without trial under the Anti-terrorism, Crime and
Security Act 2001 was incompatible with the ECHR.
5. Unitary State
Centralised power + central govt. ultimately has authority over subnational institutions
Although UK consists of 4nations there is still a centralised state + legal sovereignty retained
by Parliament – subnational institutions don’t have autonomous powers that are
constitutionally safeguarded - Regional govt. may be weak or non-existent
The central gov is supreme over other local bodies – very easy to change distribution of
power among individuals/bodies as it simply requires an Act of Parliament – e.g. Nov 2014 –
Manchester given elected city-wide mayor with powers over transport, housing etc.
6. Constitutional Monarchy
Political system – monarch is formal head of state but monarch’s legal powers are exercised
by govt. ministers
Govt. ministers- politically accountable to parliament and legally accountable to the crown
Verdict of electorate must be faced every 5years
Between general elections – govt. relies on its majority in House of Commons to survive and
enact its legislative programme
Monarch retains formal powers but their usage of these powers is contained
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