The Nature Of The UK Constitution Flashcards
(14 cards)
What has been different about the UK compared to other countries about the history of their constitution and the events leading up to modern times?
Unlike other countries like France or the UK, there has never been a revolutionary event that has led to a complete overthrow of the previous government and a creation of a codified constitution. Power has instead been gradually transferred from the monarch to Parliament.
What are the six major events of the transfer of power from the monarch to Parliament?
In 1215, the barons forced King John to sign the Magna Carta
In 1688, King James II was overthrown and the Bill of Rights was created
The Act of Settlement 1701 was passed
The Act of Union 1707 was passed
The 1911 Parliament Act was passed
The European Communities Act 1972 was passed
What were the three main things that the Magna Carta did?
Placed limits of the monarch’s powers
Stated that the monarch is not above the law
Stated that nobody could be punished without a fair trial
Why was the Bill of Rights created?
King James II was overthrown for attempting to establish an absolutist monarchy
His successors were forced to accept the Bill of Rights
What were four things the Bill of Rights enforced?
The regular summoning of parliaments
Free elections
Parliamentary freedom of speech
No taxation without Parliament’s permission
What did the Act of Settlement 1701 do?
Ensured that Parliament was more powerful than the monarchy by giving Parliament the authority to determine the succession to the throne. It also stated that a judge can only be removed with the agreement of both houses of Parliament
What did the Act of Union 1707 do?
United the Parliament of Scotland with the Parliament of England and Wales, establishing the United Kingdom.
Why was the 1911 Parliament Act passed?
The House of Lords refused to pass an important budget
The prime minister (H.H. Asquith) said that he would ask the king to fill the House of Lords with Liberal peers if it did not accept limits on its powers
What did the 1911 Parliament Act do?
House of Lords could no longer make amendments to financial bills
Bills can only be delayed for 2 years (later 1 year)
This established the supremacy of the House of Commons over the House of Lords
What did the European Communities Act 1972 do?
UK joined the European Economic Community
European law now takes precedence over UK law
What does unentrenched mean?
No codified constitution
Laws can be changed by a simple Act of Parliament
Rights of UK citizens are not protected by a constitution and are instead considered ________ _______
Negative rights
We can do anything!!….
…if it has not been forbidden by Parliament.
The UK is a ____ state
Unitary
Main sources of the constitution include:
Statue law (important Acts of Parliament)
Common law
Conventions
Landmark decisions (eg. Magna Carta, Bill of Rights)
Authoritative works (significantly influential novels)
Treaties (as Parliament has to adopt legislation from elsewhere)
