Constitution of the United Kingdom

Flexibility

The modern British constitution: Emerged from a process of evolution. It is responsive to political and social

change. Changes could in theory be made without

popular support. No modern statute or document that

attempted to codify the rights of citizens.

Key principles

Parliamentary supremacy and the rule of law.

Unitary state. Constitutional monarchy.

Parliamentary supremacy and the rule of law

A.V. Dicey wrote of the "twin pillars" of the British constitution:

1. The principle of Parliamentary sovereignty.

2. The rule of law. everyone is equal before the law.

Unitary state

The UK is a unitary state rather than a federation or a confederation.

The authority of local and devolved bodies are dependent on Acts of Parliament, and they can in principle be abolished at the will of the UK Parliament in London.

Constitutional monarchy

The Queen reigns, but she does not rule

Government and Parliament

The Government is "fused" with Parliament: there is no formal restraint on the legislative power of the executive.

Some principles of the constitution would be extremely difficult to abolish because they are so ancient in the UK's political culture.

BUT

Disputes about the nature of the UK Constitution

The UK does not have a constitution, it can be considered a compromise between crown and parliament.

A Constitution would impose limits on the power of the Parliament.

Proponents of a codified constitution argue it would strengthen the legal protection of democracy and freedom.

Act of Settlement 1701

Purpose

To settle the succession to the English throne on the Electress Sophia of Hanover – a granddaughter of James I – and her Protestant heirs.

Feature

The act was later extended to Scotland as a result of the Treaty of Union.

It remains today one of the main constitutional laws governing the succession.

Provisions of the act

Eight provisions of the act:1. The monarch "shall join in communion with the

Church of England." 2. A king not native to England will not wage war

for "any dominions or territories without the consent of Parliament."

3. No monarch may leave the dominions of UK without the consent of Parliament.

4. All council resolutions were to be signed by those who advised and consented to them.

5. No foreigner shall be allowed to be a Privy Councillor or a member of either House of Parliament, or hold any place of trust.

6. No person who has an office under the monarch, or receives a pension from the Crown, can be Member of Parliament.

7. Judges' commissions are valid during good behaviour, and if they do not behave themselves they can be removed only by both houses of parliament.

8. No pardon by the monarch can save someone from being impeached by the House of Commons.

Effects of the act

Creation of the United Kingdom.

The Act of Union 1707.

Acts of Union 1707

The Acts joined the Kingdom of England and the Kingdom of Scotland into a single United Kingdom of Great Britain.

Previous attempts at union 1603: the two parliaments established a

commission to negotiate a union.

1643: The Solemn League and Covenant sought a forced union of the Church of England into the Church of Scotland.

1649: Oliver Cromwell created the Commonwealth of England, Scotland and Ireland.

1689: The Scottish Parliament show much discussion of possible union.

The English perspective

The English were concerned that an independent Scotland with a different king, even if he were a Protestant, might make alliances against England.

The Scottish perspective

Scottish Parliament was unicameral because of the weakness and lack of cohesion between the various opposition groups in the House.

The Union would enable Scotland to recover from the financial disaster wrought by the Darien scheme.

Many petitions were sent to the Scottish Parliament against Union

The Irish perspective

Ireland, the third of the "sister kingdoms" was not included in the union.

Ireland's benefits from the Union of 1707 were few:

o preferential status in trade with England now extended to Scotland.

o improved Ireland's defence against enemies

Provisions of the Acts Contents:

o Scotland could send representative peers to sit in the House of Lords.

o The Church of Scotland would remain the established church in Scotland.

o The Court of Session would "remain in all time coming within Scotland“.

o Scots law would "remain in the same force as before".

o The ban on Roman Catholics from taking the throne.

o Customs union and monetary union.

Criticism

The English and Scottish parliaments had evolved along different lines, so contradictions in the merged parliament were frequent.

For example, the English doctrine of parliamentary sovereignty in all aspects of national life did not exist in Scotland, and the Scottish Parliament was unicameral, not bicameral.

Act of Union 1800

It is used to describe two complementary Acts whose official United Kingdom titles:the Union with Ireland Act 1800 and the Act of Union Ireland 1800.

Acts

Each Act had to be passed in the Parliament of Great Britain and the Parliament of Ireland.

The final passage of the Act in the Irish Parliament was achieved with substantial majorities.

The Acts ratified eight articles

1. Articles I–IV dealt with the political aspects of the Union which included Ireland having over 100 MPs representing it in the united parliament, meeting in the Palace of Westminster.

2. Article V created a united Protestant church, the United Church of England and Ireland, but confirmed the independence of the Church of Scotland.

3. Article VI created a customs union, with the exception that customs duties on certain British and Irish goods passing between the two countries would remain for 10 years.

4. Article VII stated that Ireland would have to contribute two-seventeenths towards the expenditure of the United Kingdom.

5. Article VIII formalised the legal and judicial aspects of the Union.

Union Flag

It combined the flags of England and Scotland with a "St Patrick's Cross" to represent Ireland.

Wales is not included as when the original Union Flag was devised Wales was considered an integral part of the Kingdom of England.