The British Constitution
General information
no written constitution in the UK = evolved over history + still changing today
Work of authority
Magna Carta
Petition of Rights
Bill Of Rights
Habeas Corpus Act
Statute of Westminster of 1931
Common Law
Conventions (custom)
"uncodified constitution"
a set of rules and regulations constituted by jurisprudence and laws (English and Scottish law)
the founding document of England's "constitution"
or Great Charter of the Liberties of England
year 1215
“the greatest constitutional document of all time – the foundation of the freedom of the individual against the arbitrary authority of the despot” (isn't supposed to be true)
Clauses still in force today
Clause 1, the freedom of the English Church.
Clause 9 (clause 13 in the 1215 charter), the “ancient liberties” of the City of London.
Clause 39 (clause 39 in the 1215 charter), a right to due process:
“No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land.”
it is more of a symbol of freedom of the (not so) common people in the face of a tyrannical monarch
the power of the monarch is limited by
the British Constitution
THE CONSTITUTION HAS 3 BRANCHES:
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Parliament, which makes laws
the Government, which ‘executes’ laws,i.e. puts them into effect
the law courts, which interpret laws.
Main sources
statute law
common law
work of authority
conventions
refers to acts passed by Parliament
legal precedence in particular cases which are not enshrined in statute law
well-known constitutional books/documents
rules of constitutional practice regarded as binding in operation but not in law
are not legally binding but have a huge political weight
no legal punishment for breaking
Statute Law = THE HIGHEST FORM OF LAW (Parliament)
executive powers
declaring war
granting passports
issuing pardons
signing some international documents and agreements
suprisingly strong and long lasting
examples
existence of political parties
parliament will not criticize the judiciary
the existence of A Prime Minister
treaties
a written agreement between two or more countries, formally approved and signed by their leaders
Some treaties become Acts of Parliament (The Human Rights Act)
European Laws
a list of demands of King Charles I of England
three years of disagreements between the king and Parliament
Parliament demanded
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A reversal of the court's decision against the Five Knights
An end to the king's attempts to raise money outside of Parliament
An end to forced loans
An end to imprisonment without trial
An end to civilians being obliged to provide free lodgings for billeted soldiers
An end to the use of martial law against civilians
ongoing war with France
‘Glorious Revolution’ of 1688
items
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A list of King James’s misdeeds
13 articles that outlined specific freedoms
Confirmation that William and Mary were rightful successors to the throne of England
the articles
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Freedom to elect members of Parliament, without the king or queen’s interference
Freedom of speech in Parliament
Freedom from royal interference with the law
Freedom to petition the king
Freedom to bear arms for self-defense
Freedom from cruel and unusual punishment and excessive bail
Freedom from taxation by royal prerogative, without the agreement of Parliament
Freedom of fines and forfeitures without a trial
Freedom from armies being raised during peacetimes
Significance today
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A key feature of political system
Basis for future constitutional statutes
Influence on other countries
literally means ‘you may have a body’
known as grear writ
an important legal principle that protects individual freedom
Canada as the Dominion
World War
independence from the UK