Public Law - Sources of UK Constitution -Acts of Parliament I
- Created by: Alasdair
- Created on: 12-11-20 15:58
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- Sources of UK Constitution -Acts of Parliament I
- UK Constitution
- Unwritten and has variety of different sources
- Magna Carta 1215
- Symbolic value as first assertion of limits on powers of monarch and rights of individuals
- Extracted from King John by his feudal lords and guaranteed certain rights to 'freemen of the realm'
- Includes trial by jury
- Embodies principle that government must be conducted according according to law and with consent of governed
- Established principle no man is above the law
- compelled King John to renounce certain rights, respect specified legal procedures and accept his will could be bound by law.
- Introduced right to protection from unlawful imprisonment
- Bill of Rights 1689
- Imposed limitations on powers of Crown (ie monarch) and it relationship with Parliament.
- Removed power of monarch arbitrarily to suspend acts of Parliament and power of monarch to impose taxation without Parliament's consent.
- Provided Parliament should meet on regular basis
- elections to Parliament should be free from interference by monarch
- 'freedom of speech and debates in proceeding in Parliament ought not to be impeached or questioned in any court or place out of Parliament'.
- Act of Settlement 1701
- Altered rules of succession
- by prohibiting Catholics from succeeding to throne and giving precedence to male heirs)
- Established constitutional independence of judiciary
- by providing security of tenure for senior judges
- Succession to the Crown Act 2013
- Removed bar on monarch marrying a Catholic and end succession to Crown based on gender
- Came into effect when all other 15 Commonwealth countries which have Queen as head of state have made their own domestic arrangements to same effect.
- Removed bar on monarch marrying a Catholic and end succession to Crown based on gender
- Altered rules of succession
- Acts of Union 1706-07
- United England and Scotland under single Parliament of Great Britain (Parliament of Westminster)
- Contained provisions to preserve separate Scottish church and legal system)
- Parliament Acts 1911 and 1949
- Altered relationship between House of Lords and House of Commons
- Ensured will of elected House of Commons would prevail over that of unelected House of Lords
- by enabling legislation to be enacted without consent of House of Lords
- European Communities Act 1972
- Brought UK into (now) EU
- Incorporated EU Law and EU legal systems into UK domestic law
- Treaty establishing European Community has been renamed Treaty on Functioning of European Union (TFEU)
- Police and Criminal Evidence Act 1984
- Relevant to civil liberties
- Provides police with extensive powers of arrest, search and detention
- Contains important procedural safeguards to ensure police don't abuse such powers
- UK Constitution
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