What is the definition of a constitution
A set of most important rules about the structure and powers of government and of people’s most basic freedom and rights
What is the function/purpose of a constitution
lays out the functions and limitations of the seperation of powers
What are the 6 characteristics of the UK constitution
- Unitary
- Parliamentary sovereignty/supremacy
- Uncodified constitution
- Monarchial
- Flexible
- Seperation of powers
What are the 2 sources of the UK constitution
Legal sources
Non-legal sources
What are legal and non-legal sources of the UK constitution
Legal sources
* Acts of parliament
* common law
Non-legal sources
* constitutional conventions
* royal prerogative
What are constitutional conventions
Unposken rules - Cabinet Manual description of the UK constitutional conventions is that they are regarded as binding in operation, but not in law
What are royal prerogatives
unwritten powers of the Crown, that are exercised in different areas of the government. Also used by the PM on queen’s behalf (executives)
What are the 5 most important statutory sources that build the constitution and other statutes
- Magna Carta 1215
- Petition of rights 1628
- Bill of Rights 1689
- The Act of Settlement 1700
- The Treaty of Union with Scotland 1707
- Other statutes
* Human Rights Act 1998
* Succession to the Crown Act 2013
* Fixed-term Parliament Act 2011
What is the royal succession
The royal succession was governed by the primogeniture rule which dates back to the Act of Settlement 1700
* Given preference for male heirs over females (even if not first born)
What were the reforms/developments of the royal succession
- Changes were brought into effect in The Succession to the Crown act 2013 which changes the primogeniture rules
1. removed both male preferences primogeniture
2. removed the bar on heir to the throne marrying a Roman Catholic
3. Amended the law on the monarch’s consent for royal marriages
What are some common law sources of the UK constitution
The Crown and Judiciary
1. The Act of Settlement 1700 curtailed (restricted/lessened) the powers of the monarch and provided for security of tenure (solidified position) for judges
2. Judiciary has no power to question validity of statute/Act of Parliament
3. Parliament has many privileges and immunities
The State and Individuals
1. The Human Rights Act 1998 has substancial impact on a citizen’s rights in enforcing fundamental rights and freedom under the European Convention on Human Rights
2. Important way to check the abuse of power is the Queen’s Bench of the High Court exercises supervisory jurisdiction over, inter alia, executive action
3. Section 3 of HRA 1998 states as far as possible, primary legislation and subordinate legislation has to be read and given effect in a way that is compatible with Convention right - R v A (2001) HL
4. ‘Principle of legality’ means that an Act of Parliament will not be interpreted a depriving people of common law rights except by clearest words - Pierson v Secretary of State for Home Department (1988) AC 539
5. R v Secretary for Home Department Ex Parte Simms and O’Brien (1999)
Lord Hoffman stated that Parliament can legislate contrary to fundamental principles of human rights
Human Rights Act 1998 does not detract from this power
Principle of Legality means that fundamental rights can’t be overridden by general or ambiguous words
What are the arguments for codification of the UK constitution
- Parliamentary sovereignty is a result created by the absence of a written constitution which causes arbitrariness
- The absence of a written constitution results in no legally enforceable constitutional limits which binds ‘elective dictatorship’
- Would serve as a check and balance mechanism over the potential arbitrariness by Parliament
- Written constitution would better educate citizens about their rights as they just need to refer to the constitution
- The stand on the use of royal prerogatives, the monarchy, and the convention of ministerial responsibility, and the footing on which conventions stand in general has been yet to be properly clarified
- Lord Carnwarth stated that the safeguard of judicial review is essential if the rule of law is to be maintained
What are the arguments against codification of the UK constitution
- No need for a written constitution as HRA is arguably a model form of a Bill of Rights
- Codifying a constitution would take up too much time and money
- Britain has never been colonised & has never been subject of alien rule since 1066
- Britain’s uncodified constitution has proven its stability & its responsible government, despite two World Wars
- Would inevitably draw the judiciary into the political arena
- All constitutions leave important things unsaid, codifying it would ‘freeze’ these rules and practices and would limit its flexibility and potential to grow
- Stays flexible
What are the 5 constitutional reforms and politcal backgrounds to date
- The European Union Referendum Act 2015 Brexit
- Further Developments to Brexit (change in premiership and election held on 12 December 2019)
- Boris Johnson Resigns as Prime Minister 7 July 2022
- The Political Scenario till 4 July 2024
- The July 2024 Election Results
Who played are the 2 people that played roles in Brexit
David Cameron & Theresa May
What is Brexit
- A referendum whether the people of UK want to remain in the EU, due to developments like the Paris Bombings, bomb blasts at the Metro underground and airport in Brussels in mid-March 2016
- Held on 23 June 2016, 52% voted to leave EU, 48% voted to leave
- The referendum led David Cameron to announce he would resign as PM and head of the Conservative Party
- 13 July 2016 formally in audience with the Queen and Theresa May was sworn in as Prime Minister on the same day
- After Theresa was appointed as PM, she indicated that she would give effect to the referendum results by using royal prerogative to invoke Article 50 of the Treaty of the European Union
- Led to judicial review, where Ginna Miller and others against the Secretary of State for Exiting the EU in R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2016] EWHC 2768
High Court held Government is not able to use royal prerogatives to invoke Article 50, only Parliament could
- 8 February 2017, the first stage of Brexit (went through HOC) was completed when MPs strongly voted for the bill authorising Theresa’s government to begin the process to exit the EU
- Mid-March 2017, the HOL passed the Billand Queen gave royal assent, subsequently became law as the European Union (Notification of Withdrawal) Act 2017
- Theresa thought she would have better bargaining power and less hate if she commenced a new mandate
held the United Kingdom General Election 2017 (but an election was not due till 7 May 2020)
election was ratified by the necessary supermajority 522-13 vote in the HOC on 19 April 2017 under the Fixed-term Parliament Act 2011
- backfired as it led to a hung parliament.
The Conservative Party only had 318/650 parliamentary seats
Who played a role in the further develpoments to Brexit
Theresa May & Boris Johnson
What were the further developments to Brexit
- UK was due to leave the EU on 29 March 2019. Following the decision of June 2016 to leave the EU, the government negotiated a Withdrawal Agreement and a Political Declaration setting frameworks for their future relationship
- November 2018, Theresa presented her final proposal for an initial Brexit deal following negotiations with EU
Theresa’s Governments also survived a motion of no cofidence. Amendment of withdrawal agreement was not approved by the HOC again
- She then sought an extension for from Brussels till 31 October 2019.
On 21 May she made a speech outlining her plans to introduce an EU Withdrawal Agreement Bill in June which would allow the Commons to make amendments
- 24 May, Theresa announced her resignation as leader of the Conservative Party (effective 7 June 2019)
But remaining interim Prime Minister until a new Conservative leader was elected
- The Conservativce Part leadership election triggered/happened after. Boris won and was sworn Prime Minister on 24 July 2019
- Later on happened an **impasse in parliament **about the terms negotiated in the withdrawal agreement. between 1 to 4 September 2019, the government lost out on 5 motions
- Boris Johnson, on 27/28 August advised the Queen to prorogue (discontinue) the Parliament by Order in Council from mid-September until 14 October 2019, which was affected
This left Parliament only 2 weeks to debate and approve or disapprove the proposals withdrawal agreement. If they failed, the UK would leave EU without any negotiations
- On application for judicial review brought by Gina Miller against the Prime Minsiter in R (On the Application of Miller) v Prime Mininster [2019]. Supreme Court set aside the Prorogation Order in Council and ordered that Parliament be reconvened (reassembled)
- This led Boris Johnson to seek another extension from Brussels for the end date as 31 January 2020 with the agreement of the opposition that they would support the dissolution of parliament under the Fixed-term Parliaments Act 2011
- The Early Parliamentary Election Act 2019, as required by the Fixed-term Parliaments Act 2011, provided for a general election to be held
Effect was to make the process of leaving EU and ratifying the Withdrawal Agreement politcally easier
When did the UK leave the EU
31 January 2020
When did the UK leave the membership of the EU
31 December 2020
When and why did Boris Johnson resign
7 July 2022 - The political pressure mounted on him due to the ‘Partygate Scandal’ and the appoinment of Coservative deputy chief whip Chris Pincher has resigning after admitting he had “embarassed myself and other people, following reports that he groped two men at a club
Pressure went to Boris on why he appointed Pincher as deputy chief whip when he knew his proclivities
What led to the resignation of Boris Johnson’s men
The deteriorating economic situation and other issues like disagreement between the Chancellor of the Excheque (Rt Hon Rishi Sunak) on economic planning led to a series of resignations of some of Boris’ Cabinet Ministers, junior ministers as well as backbenchers in government posts
What did Boris Johnson announce 7 july 2022 at the press conference outside No.10 Downing Street
Announcing his resignation as PM but stipulated that he would remain as PM until new leader of Conservative Party was elected (timetable being set by Conservative Party 1922 Committee)
Who played roles in the politcal scenario till 4 July 2024
Liz Truss & Rishi Sunak
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Chapter 1: British Constitution30
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Chapter 2: Constitutional Conventions38
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Chapter 3: Rule of Law32
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Chapter 4: Seperation of Powers18
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Chapter 5: Royal Prerogative43
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Chapter 6: Parliamentary Sovereignty51
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Chapter 7: Primary legislation41
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Chapter 8: Delegated Legislation22
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Chapter 9: Ministerial Responsibility22
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Chapter 11: Human Rights act 199888
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Chapter 12: Judicial Review37
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Chapter 12: JR - 4 grounds for JR47
