Historical sources of the British Constitution

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Magna Carta (1215)

  • A royal charter of rights agreed between King John and his feudal barons ➪ response to political crisis.
  • Represents the first formal attempt to try and limit the powers of the monarch and place them under the ROL ➪ this principle of equal access to justice fro all remains central to the UK's judicial system.
  • HOWEVER, it can be argued that Magna Carta's importance should not be exaggerated ➪ many of its terms were specific and particular to its time period  only 4 clauses, including the right to justice, remain unrepealed today.
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Bill of Rights (1689)

  • The bill came about after the Glorious Revolution (1688), when parliament invited William of Orange and his wife Mary II to assumne the Crown ➪ as part of the 'deal', the new monarchs had to accept the Bill of Rights. 
  • Among its key terms were: frequent parliaments, free elections and freedom of speech within parliament ➪ crucially, it also included the principle of no taxation without parliament's agreement ➪ these clauses could be said to represent the establishment of parliamentary sovereignty ➪ clearly significant as parliament continued to meet every year since 1689.
  • Equally though, we should not overestimate the importance of the Bill of Rights ➪ despite its title the bill did not cover the rights of ordinary men, let alone women
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Act of Settlement (1701)

  • Was largely a  follow-up to the Bill of Rights ➪ main aim was to ensure a Protestant succession to the throne.
  • Could be viewed as a key milestone in the development of the British Constitution ➪ case of parliament 'calling the shots' and laying down a criteria for the British monarchy. 
  • On the other hand, this Act did nothing to propel Britain towards a modern democratic state.
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Parliament Acts 1911 and 1949

  • These acts severely reduced the power of the HOL ➪ ended the absolute veto of the Lords over legislation, restriced their power their power to delay bills fro 2 years and prevented them from delaying money bills ➪ in 1949 the Act was modified to reduce the delay to just 1 year.
  • Both Acts significantly increased the democratic accountabilty of Westminster ➪ unelected chamber could no longer frustrate the will of the elected house. 
  • Conversely, the Acts left much undone ➪ neither addressed the fundamental issue of the upper house being unelected ➪ even the Blair's reforms to the upper house, which removed most hereditary peers, failed to introduce any elected element.
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European Communities Act 1972

  • This measure was undoubtedly important in the development of the Constitution ➪ all legislation had to conform with European law ➪ E.G. the Lisbon Treaty 2007represented an incursion into the hallowed doctrine of PS.
  • Although there have been many critcisms of the erosion of PS, events between 2016 and 2020 showed that loss of sovereignty was purely temporary ➪ classic example of 'what one parliament giveth, another taketh away' ➪ with the EU Withdrawal Acts of 2018 and 2020, the 1972 Act was repealed. 
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