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Lecture notes

British Politics in a Global Age

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In depth notes on British Politics, covering the British Constitution, Parliament, Civil Service, Liberal Democracy, the Election Process and the Political System in Britain.

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  • June 19, 2024
  • 4
  • 2021/2022
  • Lecture notes
  • Michael o’neill and martin monohan
  • All classes
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BRITISH POLITICS: GOV. IN A GLOBAL AGE

British Constitution

 Usually a single and authoritative (definitive) document – enshrining the most basic principles of
governance.
 Legal frame-work for governance
 Defines functions / powers / competencies of a state and its institutions/agencies
 Iterates the rights and duties of members (subjects/citizens)
 And their relations to the ‘supreme authority’ of the state
 Often a ‘founding’ document of the state as above
 No ‘founding moment’ of the British state
 Wales was ‘incorporated’ into English state by Henry 8 th
 Scotland and Ireland incorporated by the Acts of Union 1707 and 1800
 But grafted onto pre-existent English state emerging from pre-Norman roots

A peculiar constitution?

 Not ‘unwritten’ but ‘uncodified’
 ‘Unknowable’
 ‘Peculiar’ but praised by visitors such as Voltaire for its ‘flexibility’
 Few other examples in the world – Israel and New Zealand

Six key sources of the British Constitution

1. Statutes:
- Acts of Parliament (primary legislation) over-ride all other constitutional sources
- Even previous Acts of Parliament
- Except since 1973 some EU law takes precedence in certain areas
- Some examples: Act of Supremacy (1559)/ Representation of the People Acts – 1918 votes
for women / Freedom of information Act (2000)

2. Royal prerogatives:
- Derived directly from the Crown not parliament
- Now exercised more by ministers of the crown than the crown per se on ‘royal authority’
- Executed formally as Orders-in Council – referring to the Privy Council – advisers to the
Monarch
- Via Royal proclamations or Writs issued under the Great Seal -ancient symbol of
monarchical power that now resides with the elected government
- Used to symbolize the monarch's approval of important state documents
- Problem here is lack of parliamentary approval of important powers
- And their over-use…. e.g. the proposal to approve Brexit deal

3. The Common Law:
- Customs/ precedents established by judicial decisions; examples – freedom of speech,
Habeas Corpus, freedom of assembly etc.

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