Learning Paths » 5A Interacting
BRITISH CONSTITUTION
A constitution is a system (written or unwritten document) that establishes rules and principles, structures, procedures, powers of a government and guarantees certain rights to the citizens.
The United Kingdom has not a single document and so it is defined a de facto constitution.
The most of British written laws are:
• Act of Parliament (statues that have received the approval of the Parliament)
• Treaties
• EU law (but it must also be approved by the Parliament
• Common law (common law legal system and court judgement based on precedents and case law)
Anyway there are also unwritten sources, such as
• Conventions (observed "because of the political difficulties which arise if they are not)
• Royal Prerogatives (powers belonging to the sovereign, that are limited by the Case of Proclamation - 1611 -)
Even if they are unwritten, they would be difficult to abolish, because they are very ancient in UK's political culture.
Modern British Constitution comes from a process of evolution on which depend political and social changes.
The key principles of modern British Constitution are:
- Parliamentary sovereignty
- rule of law (everyone is equal before the law)
- UK is not a federation, but a unitary state
- Constitutional Monarchy (the Queen reigns, but she doesn't rule)
A written and unique constitution has not been written, because it would impose limits to Parliament's powers, even if somebody says that it would protect democracy and freedom.
IMPORTANT DOCUMENTS OF BRITISH CONSTITUTION
1100 - Charter of Liberties: King Henry I voluntary stated that his power was under the law
1215 - Magna Charta Libertatum: it was the first document that limited the power of the king. It required King John to proclaim rights, respect legal procedures and confirm his will to the law.
1689 - Bill of Rights: it's a list of rights and certain "kinds of freedom" (from certain royal powers, taxation, army, punishments...)
Crown and Parliament Recognition Act: It confirmed the succession to the throne of King William II of England and Queen Mary II of Scotland.
1701 - Act of Settlement: it settled the succession f the throne on Sophia of Hanover and her protestant heirs.
1707 - Acts of Union: the Kingdom of Britain and the Kingdom of Scotland were joined into a single United Kingdom of Great Britain (but Scotland could reamin catholic and it could send representative peers to the House of Lords).
1800 - Acts of Union: Great Britain and Ireland were united
1998 - Scotland Act: it permitted the creation of a Parliament of Scotland and explained how it should work
1999 - House of Lord Act: it provides that no-one shall be a member of the House of Lord by hereditary peerage
2004 - Civil Contingence Act: it gives the government wide-raging powers in an emergency.