2. Why does the UK lack a codified constitution Flashcards
(24 cards)
Are uncodified constitutions common?
Uncodified constitutions are not common, the only other countries with an uncodified constitution are Israel and New Zealand
When/why do countries tend to adopt new codified constitutions?
Codified constitutions are often adopted after significant political changes in a nation’s history, such as after a revolution
What was the ‘divine right of kings’?
Divine Right of Kings – Monarchs believed that their right to rule came directly from God, and that they were therefore not subject to the will of the people
What is the ‘royal prerogative’?
Royal prerogative – power and authority recognised as belonging solely to the monarch, above all other persons
Why was the Assize of Clarendon so essential to the establishment of a common law?
Assize of Clarendon (1166)
- The king ordered a number of judges to travel around the country, which was divided into different circuits, to decide cases based on the laws made by judges in Westminster
- Due to this, local laws and customs began to be replaced by national laws, and the decisions of the King’s judges who had to apply these laws to specific cases. The king’s judges would develop and enforce the ‘common law’
what is an ‘Assize’
an early form of the king’s council
when was the Magna Carta signed
1215
what was the Magna Carta
Magna Carta (1215) - a written agreement, signed by King John and the tenants-in-chief in 1215, in which the King agreed to particular limits on his authority as monarch
Why was the signing of Magna Carta (1215) so significant?
It was significant because it established the principle that regal authority could, and should, be limited by the will of the people (rich ones)
How did it help to establish the rule of law?
Rule of law:
- no one is above the law – not even the king
- Freemen should be judged by their peers, according to the law
How did the Case of Proclamations (1610) further weaken the royal prerogative?
The Case of Proclamations (1610):
King James I was challenged over his use of royal proclamations – the judiciary asserted the power to judge whether royal actions were lawful
what did Sir Edward Coke argue during the Case of Proclamations (1610)
“…the king cannot change any part of the common law, nor create any offence, by his proclamation, which was not an offence before without parliament”
“The king has no prerogative but that which the law of the land allows him”
What led to the Petition of Right (1628)?
Petition of Right (1628)
- As King Charles needed Parliament’s support for ongoing military operations abroad, he eventually agreed to ratify the petition
What limits did the Petition of Right (1628) impose on the monarch?
The petition imposed four significant restrictions:
- No taxes could be levied without Parliament’s consent
- No imprisonment without cause (habeas corpus)
- No forced billeting of soldiers in citizens’ homes
- No use of martial law during peacetime
When and why did England adopt a codified constitution?
Following Charles’ execution, a military leader named Oliver Cromwell became ‘Lord Protector of the Realm’, and, for 11 years, the country was a republic
This new political order was established by:
Instrument of Government (1653) – (England’s first written, codified constitution)
Humble Petition and Advice (1657)
Why didn’t England’s codified constitution last?
Following Cromwell’s death, his son, Richard, was made the new Lord Protector – however, Richard lacked the standing of his father and the republic soon fell apart
The Restoration of Monarchy 1660
- A parliament formed, filled mostly by royalists, which declared that Charles II had been lawful king since the execution of Charles I and invited him to take the throne
when was the Instrument of Government
1653
when was the Humble Petition and Advice
1657
when was the restoration of the monarchy following the collapse of Cromwell’s republic
1660
when was The Glorious Revolution
1688 - 1689
what was The Glorious Revolution
- Soon after William the Orange landed, James fled the country – Parliament argued that James had abdicated the throne by deserting his kingdom
- Parliament offered William and Mary the crown, but they would have to accept the Bill of Rights (1689)
what year was the Bill of Rights
1689
what was the Bill of Rights (1689)
- Parliament’s consent was now needed to levy taxes, repeal laws, and maintain an army during peacetime
- Required regular sessions of Parliament, free elections, and freedom of speech during debates
- Established some individual rights and liberties, e.g. freedom from excessive fines, and cruel or unusual punishments
