Sources of the UK Constitution How is Britain Ruled?

Key Issues How did the Constitution develop? How did the Constitution develop? Where can we look for the Constitution? Where can we look for the Constitution? What impact has membership of European bodies had on the Constitution? What impact has membership of European bodies had on the Constitution?

Magna Carta Monarch Could and should be controlled by subjects Monarch Could and should be controlled by subjects Influenced the US Constitution Influenced the US Constitution Bill of Rights Bill of Rights

Major Texts and Commentaries The English Constitution – Bagehot (1867) The English Constitution – Bagehot (1867) Difference between ‘dignified’ and ‘efficient’ Difference between ‘dignified’ and ‘efficient’ Genius of constitution lay in ability to combine the gradualism of continuity with the capacity for adaption Genius of constitution lay in ability to combine the gradualism of continuity with the capacity for adaption

Major Statutes – (Acts of Parliament) Wales Act 1998 Wales Act 1998

Prerogative Powers of the Crown Performed in the past by monarch Performed in the past by monarch Now ministers (Home Secretary / PM honours etc) Now ministers (Home Secretary / PM honours etc) Parliamentary authority not required as derived from Crown Parliamentary authority not required as derived from Crown

Laws and Customs of Parliament Set out by the Speaker (recent example of George Osborne) Set out by the Speaker (recent example of George Osborne)

Common and Case Law Case Law = Judge Made Case Law = Judge Made Common Law – Judges have the authority and duty to decide what law is in the absence of any other authoritative statement Common Law – Judges have the authority and duty to decide what law is in the absence of any other authoritative statement Growing use of judicial review – influence of government policy (Human Rights Act 1998) Growing use of judicial review – influence of government policy (Human Rights Act 1998)

Conventions Unwritten rules that guide our constitutional behaviour Unwritten rules that guide our constitutional behaviour Prime Minister should always be chosen from the commons Prime Minister should always be chosen from the commons Cabinet discussions kept private Cabinet discussions kept private Monarch ratifies all bills passes through both houses Monarch ratifies all bills passes through both houses

European Union Law Various Treaties Various Treaties 1973 – Accept body of constitutional law 1973 – Accept body of constitutional law Primary Legislation – Rome Primary Legislation – Rome Secondary – EU Directives Secondary – EU Directives Factortame Case – Example of courts overruling parliamentary legislation which conflicts with community law Factortame Case – Example of courts overruling parliamentary legislation which conflicts with community law

Overview Wade and Phillips Wade and Phillips ‘The British Constitution embraces laws, customs and conventions hammered out, as it were, on the anvil of experience’ ‘The British Constitution embraces laws, customs and conventions hammered out, as it were, on the anvil of experience’ Empirical Approach – guided by practical experience Empirical Approach – guided by practical experience No attempt to bring it all together in a codified form No attempt to bring it all together in a codified form

Key Terms Bill of Rights Bill of Rights Common Law Common Law Speaker of the House Speaker of the House Judicial Review Judicial Review Human Rights Act 1998 Human Rights Act 1998 Conventions Conventions Treaty of Rome (1957) Treaty of Rome (1957) Regulations Regulations Directives Factortame Case Executive Legislature Separation of Powers Fusion of Powers

Task Activity page 156 Activity page 156 Life Peerages Act (1958) Life Peerages Act (1958) The Human Communities Act (1972) The Human Communities Act (1972) The Human Rights Act (1998) The Human Rights Act (1998) The Scotland Act (1998) The Scotland Act (1998) The Freedom of Information Act (2000) The Freedom of Information Act (2000)