Constitution of the United Kingdom
The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the
The
The leading institutions in the United Kingdom's constitution are Parliament, the judiciary, the executive, and regional and local governments, including the devolved legislatures and executives of Scotland, Wales, and Northern Ireland. Parliament is the supreme law-making body, and represents the people of the United Kingdom. The
The monarch in their public capacity, known as the Crown, embodies the state. Laws can only be made by or with the authority of the Crown in Parliament, all judges sit in place of the Crown and all ministers act in the name of the Crown. The monarch is for the most part a ceremonial figurehead and has not refused assent to any new law since the Scottish Militia Bill in 1708. The monarch is bound by constitutional convention.
Most constitutional questions arise in
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Principles
Although the British constitution is not
Second, the rule of law has run through the constitution as a fundamental principle from the earliest times as "The king must [be] ... under the law, because the law makes the king" (
Fourth, the British constitution is bound to international law, as Parliament has chosen to increase its practical power in cooperation with other countries in international organisations, such as the International Labour Organization,[16] the United Nations, the European Convention on Human Rights, the World Trade Organization, and the International Criminal Court. However, the UK left membership of the European Union in 2020 after a referendum in 2016.[17]
Parliamentary sovereignty
Parliamentary sovereignty is often seen as a central element in the British constitution, although its extent is contested.[18] It means that an Act of Parliament is the highest form of law, but also that "Parliament cannot bind itself".[19] Historically, Parliament became sovereign through a series of power struggles between the monarch, the church, the courts, and the people. Magna Carta in 1215, which came from the conflict leading to the First Barons' War, granted the right of Parliament to exist for "common counsel" before any tax,[20] against the "divine right of kings" to rule.
After the
In a leading case,
In recent history, Parliament's sovereignty has evolved in four main ways.[27] First, since 1945 international cooperation meant Parliament augmented its power by working with, not dominating, other sovereign nations. While Parliament had nearly uncontested military power before, and so was thought by writers of the Imperial period to be able to "make or unmake any law whatever",[28] the UK chose to join in the League of Nations in 1919, and after its failure, the United Nations 1945 to participate in building a system of international law.
The
Although the UK has not always clearly followed international law,[32] it has accepted as a formal duty that its sovereignty would not be used unlawfully. Second, in 1950 the UK helped to write and joined the European Convention on Human Rights. While that convention reflected norms and cases decided under British statutes and the common law on civil liberties,[33] the UK accepted that people could appeal to the European Court of Human Rights in Strasbourg, if domestic remedies were not enough. In the Human Rights Act 1998, Parliament decided that the British judiciary should be required to apply human rights norms directly in determining British cases, to ensure a more speedy, human rights-based resolution to case law, and effectively influence human rights reasoning more.
Third, the UK became a member of the
Under EU law, the principle of
On the other hand, in
Fourth,
The claimants argued that, because
Rule of law
The
Other definitions seek to exclude human rights and international law as relevant, but largely stem from visions of pre-democratic scholars such as
At its core, the rule of law, in English and British law, has traditionally been the principle of "
Today this principle of legality is found throughout the
On appeal, the European Court of Human Rights concluded the convention was breached because the statute did not "indicate with reasonable clarity the scope and manner of exercise of the relevant discretion conferred on the public authorities."[55] The judgment, however, was overshadowed by the government swiftly passing a new Act to authorise phone tapping with a warrant.[56] By itself the principle of legality is not enough to alone preserve human rights in the face of ever more intrusive statutory powers of surveillance by corporations or government.
The rule of law requires the law is truly enforced, though enforcement bodies may have room for discretion. In
People must also be able to access justice in practice. In
In other systems the idea of a
The
Democracy
The principle of a "democratic society", with a functioning representative and deliberative democracy, that upholds human rights, legitimises the fact of Parliamentary sovereignty,[66] and it is widely considered that "democracy lies at the heart of the concept of the rule of law".[67] The opposite of arbitrary power exercised by one person is "administration is in the hands of the many and not of the few".[68] According to the preamble to the European Convention on Human Rights, as drafted by British lawyers following World War II, fundamental human rights and freedoms are themselves "best maintained ... by "an effective political democracy".[69] Similarly, this "characteristic principle of democracy" is enshrined by the First Protocol, article 3, which requires the "right to free elections" to "ensure the free expression of the opinion of the people in the choice of the legislature".[70] While there are many conceptions of democracy, such as "direct", "representative" or "deliberative", the dominant view in modern political theory is that democracy requires an active citizenry, not only in electing representatives, but in taking part in political life.[71]
Its essence lies in not simply majority decision-making, nor referendums that can easily be used as a tool of manipulation,[72] "but in the making of politically responsible decisions" and in "large-scale social changes maximising the freedom" of humankind.[73] The legitimacy of law in a democratic society depends upon a constant process of deliberative discussion and public debate, rather than imposition of decisions.[74] It is also generally agreed that basic standards in political, social and economic rights are necessary to ensure everyone can play a meaningful role in political life.[75] For this reason, the rights to free voting in fair elections and "general welfare in a democratic society" have developed hand-in-hand with all human rights, and form a fundamental cornerstone of international law.[76]
In the UK's "modern democratic constitution",
A considerable body of regulation, for instance in the
Internationalism
Like other democratic countries,
In 1774, in
In modern case law it has been consistently accepted that it "is a principle of legal policy that [British] law should conform to
In doing so, the court unanimously drew upon international treaties signed by the UK, known as the
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Since the World Wars brought an end to the British Empire and physically destroyed large parts of the country, the UK has consistently supported organisations formed under international law. From the Treaty of Versailles in 1919, the UK was a founding member of the International Labour Organization, which sets universal standards for people's rights at work. After the failure of the League of Nations and following World War II, the UK became a founding member of the United Nations, recognised by Parliament through the United Nations Act 1946, enabling any resolution of the Security Council except the use of force to be implemented by an Order in Council. Due the Universal Declaration of Human Rights in 1948, the continuation of the British Empire[clarification needed] lost substantial legitimacy under international law, and combined with independence movements this led to its rapid dissolution.
Two fundamental treaties, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in 1966, saw the UK ratify most rights from the Universal Declaration. Codifying the Ponsonby Rule from 1924, the Constitutional Reform and Governance Act 2010 section 20 stipulates that a treaty is ratified once it is laid before Parliament for 21 days and no adverse resolution is passed against it.[97] Regionally, the UK participated in drafting the 1950 European Convention on Human Rights which sought to guarantee basic standards of democracy and human rights to preserve peace in post-war Europe. At the same time, following long-held visions for European integration with the UK "at the centre",[98] democratic European countries sought to integrate their economies both to make war vain, and to advance social progress.
In 1972, the UK joined the
Sources
Due to the uncodified nature of the Constitution, there is no entrenched source of constitutional law. However, over time three main bodies of sources have emerged. The main sources of constitutional law are Acts of Parliament, court cases, and conventions in the way that government, Parliament and the monarch act.[102]
Acts of Parliament
Laws that touch on topics such as the structure of government, rights of citizens and the powers of devolved assemblies become constitutionally significant simply by their subject matter and the sovereignty of parliament meaning that the specifics of the law becoming legally binding.[103] This allows for the constitution to be amended whenever a law is made on a constitutionally significant topic.
Professor Robert Blackburn lists the following as recent constitutionally significant acts:
- "The Parliament Acts (1911–49) that regulate the respective powers of the two Houses of Parliament.
- The Representation of the People Acts (1918) (as amended) providing for universal voting and other matters of political representation.
- The European Communities Act (1972) making the UK a legal partner in the European Union.
- The Scottish, Welsh and Northern Ireland devolution Acts of 1998 (as amended) creating an executive and legislature for each of those three nations in the UK.
- The Human Rights Act (1998) establishing a bill of rights and freedoms actionable by individuals through the courts."
and claims that recent developments have seen some acts ad hoc codification[104]
Court cases
Via court cases, judges create common law when they decide legal proceedings. This means that in order to understand the common law, individual pieces of case law must be examined, with earlier and higher court case law having precedent over newer and lower court case law.[105]
Conventions
Conventions are harder to pin down as being constitutionally significant due to be unwritten agreements without hard legal force, but they remain an integral element of the constitution.[106] Elements such as the leader of the party with a majority becoming Prime Minister, the House of Lords not vetoing secondary legislation and judges remaining impartial on government policy are all conventions.[107]
Institutions
While principles may be the basis of the UK constitution, the institutions of the state perform its functions in practice. First,
Most Lords are appointed by the Prime Minister, through the King,
Under the
Parliament
In the British constitution,
In practice many MPs are involved in
Today, the House of Commons is the primary organ of representative government. Section 1 of the Representation of the People Act 1983 gives the right to all registered citizens of the United Kingdom, the Republic of Ireland and the Commonwealth aged 18 and over to elect Members of Parliament to the House of Commons. Sections 3 and 4 exclude people who are convicted of an offence and in a penal institution, or detained under mental health laws.[119] These restrictions fall below European standards, which require that people who are convicted of very minor crimes (such as petty theft or drug offences) have the right to vote.[120] Since 2013, everyone has to register individually to vote, instead of households being able to register collectively, but an annual household canvass is conducted to increase the number of registered people.[121]
As far back as 1703, Ashby v White recognised the right to "vote at the election of a person to represent him or [her] in Parliament, there to concur to the making of laws, which are to bind his liberty and property" as "a most transcendent thing, and of an high nature".[122] This originally meant that any interference in that right would lead to damages. If the denial of voting would have changed the result, or if a vote was "conducted so badly that it was not substantially in accordance with the law" the vote would have to be run again.[123] So, in Morgan v Simpson the Court of Appeal declared that an election for a Greater London Council seat was not valid after it was found that 44 unstamped ballot papers were not counted. These common law principles predate statutory regulation, and therefore appear to apply to any vote, including elections and referendums.[124]
Election spending is tightly controlled today by statute. A maximum of £20 million can be spent by political parties in national campaigns, plus £10,000 in each constituency.
Donations by foreign parties can be forfeited in their entirety to the
Along with a hereditary monarch, the House of Lords remains an historical curiosity in the British constitution. Traditionally it represented the landed aristocracy, and political allies of the monarch or the government, and has only gradually and incompletely been reformed. Today, the House of Lords Act 1999 has abolished all but 92 hereditary peers, leaving most peers to be "life peers" appointed by the government under the Life Peerages Act 1958, law lords appointed under the Appellate Jurisdiction Act 1876, and Lords Spiritual who are senior clergy of the Church of England.[138] Since 2005, senior judges can only sit and vote in the House of Lords after retirement.[139]
The government carries out appointment of most peers, but since 2000 has taken advice from a seven-person House of Lords Appointments Commission with representatives from the Labour, Conservatives and Liberal-Democrat parties.[140] A peerage can always be disclaimed,[141] and ex-peers may then run for Parliament.[142] Since 2015, a peer may be suspended or expelled by the House.[143] In practice the Parliament Act 1949 greatly reduced the House of Lords' power, as it can only delay and cannot block legislation by one year, and cannot delay money bills at all.[144]
Several options for reform have been debated. A House of Lords Reform Bill 2012 proposed to have 360 directly elected members, 90 appointed members, 12 bishops and an uncertain number of ministerial members. The elected Lords would have been elected by proportional representation for 15-year terms, through 10 regional constituencies on a single transferable vote system. However, the government withdrew support after backlash from Conservative backbenches. It has often been argued that if the Lords were elected by geographic constituencies and a party controlled both sides "there would be little prospect of effective scrutiny or revision of government business."[145]
A second option, like in the Swedish Riksdag, could simply be to abolish the House of Lords. This was done during the English Civil War in 1649, but restored along with the monarchy in 1660.[145] A third proposed option is to elect peers by work and professional groups, so that health care workers elect peers with special health knowledge, people in education elect a fixed number of education experts, legal professionals elect legal representatives, and so on.[146] This is argued to be necessary to improve the quality of legislation.
Judiciary
The judiciary in the United Kingdom has the essential functions of upholding the rule of law, democracy, and human rights. The highest court of appeal, renamed from the House of Lords officially from 2005, is the Supreme Court. The Lord Chancellor's role changed dramatically on 3 April 2006, as a result of the Constitutional Reform Act 2005. Due to the Constitutional Reform Act of 2005, the make up of the Judiciary is clearly demonstrated for the first time inside the Constitution. This form of enshrined law presents a new branch of government. An independent Supreme Court has been established, separate from the House of Lords and with its own independent appointments system, staff, budget and building.[147]
Further aspects of this explores how independent the Judiciary has become. An Appointments Commission, responsible for selecting candidates to recommend for judicial appointment to the Secretary of State for Justice was established. The Judicial Appointments Commission ensures that merit remains the sole criterion for appointment and the appointments system is modern, open and transparent. In terms of scrutiny, A Judicial Appointment and Conduct Ombudsman, responsible for investigating and making recommendations concerning complaints about the judicial appointments process, and the handling of judicial conduct complaints within the scope of the Constitutional Reform Act, provides checks and balances to the Supreme Court.[148]
The Judiciary hears appeals from the whole UK in civil law matters, and for criminal law in England and Wales, and Northern Ireland. It does not hear criminal appeals from Scotland. The Supreme Court does however consider "devolution issues" where these may affect Scottish criminal law.[citation needed] Since the 1966 Practice Statement, the judiciary has acknowledged that while a system of precedent, that binds lower courts, is necessary to provide "at least some degree of certainty", the courts should update their jurisprudence and "depart from a previous decision when it appears right to do so."[149]
Litigation usually begins in a
It is generally accepted that the British courts do not merely apply but also create new law through their interpretative function: this is obvious in the common law and equity, where there is no codified statutory basis for large parts of the law, such as contracts, torts or trusts. This also means an element of retroactivity,[154] since an application of developing rules may differ from at least one party's understanding of the law in any conflict.[155] Although formally the British judiciary may not declare an Act of Parliament "unconstitutional",[156] in practice the judiciary's power to interpret the law so as to be compatible with human rights can render a statute inoperative, much like in other countries.[157] The courts do so sparingly because they recognise the importance of the democratic process. Judges may also sit from time to time on public inquiries.[158]
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The independence of the judiciary is one of the cornerstones of the constitution, and means in practice that judges cannot be dismissed from office. Since the
Members of the judiciary can be appointed from among any member of the legal profession who has over 10 years of experience having rights of audience before a court: this usually includes barristers, but can also mean solicitors or academics.[163] Appointments should be made "solely on merit" but regard may be had to the need for diversity when two candidates have equal qualifications.[164] For appointments to the Supreme Court, a five-member Judicial Appointments Committee is formed including one Supreme Court judge, three members from the Judicial Appointments Commission, and one lay person.[165] For other senior judges such as those on the Court of Appeal, or for the Lord Chief Justice, Master of the Rolls, or the heads of the High Court divisions, a similar five member panel with two judges is formed.[166] Gender and ethnic diversity is lacking in the British judiciary compared to other developed countries, and potentially compromises the expertise and administration of justice.[167]
Backing up the judiciary is a considerable body of administrative law. The
Executive
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The executive branch, while subservient to Parliament and judicial oversight, exercises day to day power of the British government. The UK remains a
The monarch's continued assertion of the
By contrast in law, as is necessary in a democratic society,[172] the monarch is a figurehead with no political power,[173] but a series of ceremonial duties, and considerable funding. Aside from private wealth and finance,[174] the monarchy is funded under the Sovereign Grant Act 2011, which reserves 25 per cent of the net revenue from the Crown Estate.[175] The Crown Estate is a public, government corporation,[176] which in 2015 held £12 billion in investments, mostly land and property, and therefore generates income by charging rent to businesses or people for homes.[177] The monarch's major ceremonial duties are to appoint the prime minister who can command the majority of the House of Commons,[178] to give royal assent to Acts of Parliament, and to dissolve Parliament upon the calling of an election.[179]
Minor ceremonial duties include giving an audience to the Prime Minister, as well as visiting ministers or diplomats from the Commonwealth, and acting on state occasions, such as delivering the "King's speech" (written by the government, outlining its political platform) at the opening of Parliament. Public support for the monarchy remains high, with only 21% of the population preferring a republic instead. However, on the other hand, it has been argued that the UK should abolish the monarchy, on the ground that hereditary inheritance of political office has no place in a modern democracy. A referendum was held in Australia, in 1999 on becoming a Republic, but failed to get a majority.[180][181]
The task of the official opposition, currently led by Sir Keir Starmer of the Labour Party, is to hold the government and the Prime Minister to account in and out of Parliament.
Although called the royal prerogative, a series of important powers that were once vested in the king or queen are now exercised by government, and the prime minister in particular. These are powers of day-to-day management, but tightly constrained to ensure that executive power cannot usurp Parliament or the courts. In the Case of Prohibitions in 1607,[182] it was held that the royal prerogative could not be used to determine court cases, and in the Case of Proclamations in 1610 it was held new prerogative powers could not be created by the executive.[183]
It is also clear that no exercise of the prerogative can compromise any right contained in an Act of Parliament. So, for instance, in
Though royal prerogative powers can be categorised in different ways,[185] there are around 15.[186] First, the executive may create hereditary titles, confer honours and create peers.[187] Second, the executive can legislate by an Order in Council, though this has been called an 'anachronistic survival'.[188] Third, the executive can create and administer financial benefits schemes.[189] Fourth, through the Attorney General the executive can stop prosecutions or pardon convicted offenders after taking advice.[190] Fifth, the executive may acquire more territory or alter limits of British territorial waters.[191] Sixth, the executive may expel aliens and theoretically restrain people from leaving the UK.[192] Seventh, the executive can sign treaties, although before it is considered ratified the treaty must be laid before Parliament for 21 days and there must be no resolution against it.[193] Eighth, the executive governs the armed forces and can do "all those things in an emergency which are necessary for the conduct of war".[194]
The executive cannot declare war without Parliament by convention, and in any case has no hope in funding war without Parliament.[195] Ninth, the Prime Minister can appoint ministers, judges, public officials or royal commissioners. Tenth, the monarch needs to pay no tax, unless statute states it expressly.[196] Eleventh, the executive may by royal charter create corporations, such as the BBC,[197] and franchises for markets, ferries and fisheries.[198] Twelfth, the executive has the right to mine precious metals, and to take treasure troves. Thirteenth, it may make coins. Fourteenth, it can print or license the authorised version of the Bible, Book of Common Prayer and state papers. And fifteenth, subject to modern family law, it may take guardianship of infants.[199]
In addition to these royal prerogative powers, there are innumerable powers explicitly laid down in statutes enabling the executive to make legal changes. This includes a growing number of
Although the Prime Minister is the head of Parliament, His Majesty's Government is formed by a larger group of Members of Parliament, or peers. The "
Assisting ministers is a modern civil service and network of government bodies, who are employed at the pleasure of the Crown.[204] The Civil Service Code requires civil servants to show "high standards of behaviour", uphold core values of "integrity, honesty, objectivity and impartiality", and never put themselves in a position that "might reasonably be seen to compromise their personal judgment or integrity".[205] Since the Freedom of Information Act 2000, it has been expected that government should be open about information, and should disclose it upon a request unless disclosure would compromise personal data, security or may run against the public interest.[206] In this way the trend has been to more open, transparent and accountable governance.
Regional government
The constitution of British regional governments is an uncodified patchwork of authorities, mayors, councils and devolved government.[208] In Wales, Scotland, Northern Ireland and London unified district or borough councils have local government powers, and since 1998 to 2006 new regional assemblies or Parliaments exercise extra powers devolved from Westminster. In England, there are 55 unitary authorities in the larger towns (e.g. Bristol, Brighton, Milton Keynes) and 36 metropolitan boroughs (surrounding Liverpool, Manchester, Leeds, Birmingham, Sheffield, and Newcastle) which function as unitary local authorities.
In other parts of England, local government is split between two tiers of authority: 32 larger County Councils, and within those 192 District Councils, each sharing different functions. Since 1994, England has had eight regions for administrative purposes at Whitehall, yet these have no regional government or democratic assembly (like in London, Scotland, Wales or Northern Ireland) after a 2004 referendum on North East Assembly failed. This means that England has among the most centralised, and disunified systems of governance in the Commonwealth and Europe.
Three main issues in local government are the authorities' financing, their powers, and the reform of governance structures. First, councils raise revenue from
In real terms since 2010, central government cut local council funding by nearly 50 per cent, and real spending fell by 21 per cent, as councils failed to make up cuts through business rates.
The
Local authorities do not yet have powers common in other countries, such as setting minimum wages, regulating rents, or borrowing and taxing as is necessary in the public interest, which frustrates objectives of pluralism, localism and autonomy.
In Scotland, Wales, Northern Ireland and London there are also regional assemblies and Parliaments, similar to state or provincial governments in other countries. The extent of devolution differs in each place. The Scotland Act 1998 created a unicameral Scottish Parliament with 129 elected members each four years: 73 from single member constituencies with simple majority vote, and 56 from additional member systems of proportional representation. Under section 28, the Scottish Parliament can make any laws except for on 'reserved matters' listed in Schedule 5. These powers, reserved for the British Parliament, include foreign affairs, defence, finance, economic planning, home affairs, trade and industry, social security, employment, broadcasting, and equal opportunities.
By convention, members of the British Parliament from Scottish constituencies do not vote on issues that the Scottish Parliament has exercised power over.[231] This is the most powerful regional government so far. The Northern Ireland Act 1998 lists which matters are transferred to the Northern Ireland Assembly. The Government of Wales Act 1998 created a 60-member national assembly with elections every four years, and set out twenty fields of government competence, with some exceptions. The fields include agriculture, fisheries, forestry and rural development, economic development, education, environmental policy, health, highways and transport, housing, planning, and some aspects of social welfare.[232] The Supreme Court has tended to interpret these powers in favour of devolution.[233]
Human rights
Codification of human rights is recent, but before the Human Rights Act 1998 and the European Convention on Human Rights, British law had one of the world's longest human rights traditions. Magna Carta bound the King to require Parliament's consent before any tax, respect the right to a trial "by lawful judgment of his Peers, or by the Law of the Land", stated that "We will sell to no man, we will not deny or defer to any man either Justice or Right", guaranteed free movement for people, and preserved common land for everyone.[235]
After the
Upon the catastrophe of
Because this appeals process was long, Parliament legislated to "bring rights home" with the
Administrative law
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Administrative law, through judicial review, is essential to hold executive power and public bodies accountable under the law. In practice, constitutional principles emerge through cases of judicial review, because every public body, whose decisions affect people's lives, is created and bound by law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest",[243] within three months of the grounds of the cause of action becoming known.[244] By contrast, claims against public bodies in tort or contract, where the Limitation Act 1980 usually sets the period as 6 years.[245]
Almost any public body, or private bodies exercising public functions,[246] can be the target of judicial review, including a government department, a local council, any Minister, the Prime Minister, or any other body that is created by law. The only public body whose decisions cannot be reviewed is Parliament, when it passes an Act. Otherwise, a claimant can argue that a public body's decision was unlawful in five main types of case:[247] (1) it exceeded the lawful power of the body, used its power for an improper purpose, or acted unreasonably,[248] (2) it violated a legitimate expectation,[249] (3) failed to exercise relevant and independent judgement,[250] (4) exhibited bias or a conflict of interest, or failed to give a fair hearing,[251] and (5) violated a human right.[252]
As a remedy, a claimant can ask for the public body's decisions to be declared void and quashed (or certiorari), or it could ask for an order to make the body do something (or mandamus), or prevent the body from acting unlawfully (or prohibition). A court may also declare the parties' rights and duties, give an injunction, or compensation could also be payable in tort or contract.[253]
History
The history of the British constitution, though officially beginning in 1800,
Following the conquest, according to the legal record
The Domesday Book was compiled in 1086 cataloguing all land and labour to levy taxes. Just 12 per cent of people were free, while the feudal system made others serfs, slaves or bordars and cottars.[259]
Henry II, who became the monarch in 1154, established the common law by creating a unified system of law "common" to the country.
In 1190
Failure to abide by Magna Carta led to the
Throughout the
Under
While Elizabeth I maintained a Protestant church, under her successor
Coke fell from favour,
Cromwell, not wishing to become a King, became a de facto dictator. After his death,
With
The new union was soon faced with disaster as in the
This was made worse by the decision of conservative politicians to endorse the company to take over the
In 1765,
In 1789, the
During this time, with the invention of the
A movement called
In the
From the start of the 20th century, Britain underwent vast social and constitutional change, beginning with an attempt by the House of Lords to suppress British trade unions.[303] In response, the labour movement organised to support representatives in Parliament, and in the 1906 general election won 29 seats and supported the Liberal Party's programme of reform. This included a legal guarantee of the right of unions to collectively bargain and strike for fair wages,[304] an old age pension,[305] a system of minimum wages,[306] a People's Budget with higher taxes on the wealthy to fund spending. After a further election brought by the House of Lords blocking reform, Parliament pass a National Insurance system for welfare,[307] and the Parliament Act 1911 prevented the House of Lords blocking legislation for more than two years, and removed the right to delay any money bills.[308]
Despite this, the Liberal government, against the opposition of Labour, armed for and entered the
The
Under
Worldwide influence
Aspects of the British constitution were adopted in the constitutions and legal systems of other countries around the world, particularly those that were part of, or formerly part of, the
Theory and reform
The legal scholar
A. V. Dicey identified that ultimately "the electorate are politically sovereign," and Parliament is legally sovereign.[318] Barendt argues that the greater political party discipline in the House of Commons that has evolved since Dicey's era, and the reduction in checks on governmental power, has led to an excessively powerful government that is not legally constrained by the observance of fundamental rights.[316] A Constitution would impose limits on what Parliament could do. To date, the Parliament of the UK has no limit on its power other than the possibility of extra-parliamentary action (by the people) and of other sovereign states (pursuant to treaties made by Parliament and otherwise). It has been commented by Dicey that formally, the British Parliament was limited by the terms of the international treaties that created it in the first place. His comment that it would be imprudent for the British Parliament to try and abolish Scots Law for example, has been criticised judicially as "cynical" but was written in the high Victorian era when Parliament was grappling with the concept of Irish Home Rule, strongly opposed by many politicians at the time.[citation needed]
Proponents of a codified constitution argue it would strengthen the legal protection of democracy and freedom.[319] As a strong advocate of the "unwritten constitution", Dicey highlighted that English rights were embedded in the general English common law of personal liberty, and "the institutions and manners of the nation".[320] Opponents of a codified constitution argue that the country is not based on a founding document that tells its citizens who they are and what they can do. There is also a belief that any unwarranted encroachment on the spirit of constitutional authority would be stiffly resisted by the British people, a perception expounded by the 19th century American judge Justice Bradley in the course of delivering his opinion in a case heard in Louisiana in 1873: "England has no written constitution, it is true; but it has an unwritten one, resting in the acknowledged, and frequently declared, privileges of Parliament and the people, to violate which in any material respect would produce a revolution in an hour."[321]
The
Changes also include the
The Coalition Government formed in May 2010 proposed a series of further constitutional reforms in their coalition agreement. Consequently, the Parliamentary Voting System and Constituencies Act 2011 and the Fixed-term Parliaments Act 2011 were passed, though the government of Boris Johnson subsequently repealed the latter in 2022. The Acts were intended to reduce the number of MPs in the House of Commons from 650 to 600, change the way the UK is divided into parliamentary constituencies, introduce a referendum on changing the system used to elect MPs and take the power to dissolve Parliament away from the monarch. The Coalition also promised to introduce law on the reform of the House of Lords. In the referendum, the Alternative Vote system was rejected by 67% to 33%, and therefore all reforms regarding the voting system were dropped.[323] Conservatives forced the government to drop House of Lords reforms, and the Liberal Democrats said they would refuse to support changes to the boundaries of constituencies, as they believed such changes favoured the Conservatives.
See also
- UK human rights law
- UK administrative law
- UK labour law
- English land law
- English contract law
- English trust law
- House of Lords Constitution Committee
- Political and Constitutional Reform Select Committee
- Parliament in the Making
- Royal Commission on the Constitution (United Kingdom)
- Power Inquiry
- Ancient constitution of England
- United Kingdom constitutional law
Notes
- ^ Parliament Act 1911 and Parliament Act 1949
- ^ King, Anthony (2007). The British Constitution. Oxford: Oxford University Press.
- , [27] (international law).
- ^ R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, [207]
- Magna Carta 1215 clauses 1 ("the English church shall be free"), 12 and 14 (no tax "unless by common counsel of our kingdom"), 17 ("Common pleas shall ... be held in some fixed place"), 39–40 ("To no one will we sell, to no one will we refuse or delay, right or justice"), 41 ("merchants shall have safe and secure exit from England, and entry to England"), and 47–48 (land taken by the King "shall forthwith be disafforested").
- ^ European Communities Act 1972 and the European Union (Withdrawal) Act 2018.
- ^ See the Treaty of Versailles (1919) Part XIII and the General Treaty on Tariffs and Trade.
- ^ Parliament Act 1911 and Parliament Act 1949
- ^ Human Rights Act 1998
- ^ European Convention on Human Rights arts 2 (life), 3 (torture), 4 (servitude), 5 (liberty), 6 (fair trial), 8 (privacy), 9 (conscience and religion), 10 (expression), 11 (association and assembly).
- ^ A. W. Bradley, K. D. Ewing and C. J. S. Knight, Constitutional and Administrative Law (2018) chs 1–6
- Acts of Union of 1707. The European Communities Act 1972, the Human Rights Act 1998 and the Constitutional Reform Act 2005 may now be added to this list." Also see Laws LJ in Thoburn v Sunderland City Council.
- ^ See T. Bingham, The Rule of Law (2008)
- ^ See Entick v Carrington [1765] EWHC KB J98 and T. Bingham, The Rule of Law (2008)
- University constituencies, and the Representation of the People Act 1969 lowered the voting age to 18. Restrictions on prisoner voting were inserted by the Representation of the People Act 1983. British citizens abroad can vote under the Representation of the People Act 1985, but millions of UK residents, who pay taxes but do not have citizenship, cannot vote.
- Appropriation Act 1923Sch 4
- 2016 Brexit referendum a majority of voters favoured leaving the EU, and membership of the EU formally ended on 31 January 2020. Perraudin, Frances (13 December 2019). "Brexit: Boris Johnson to act swiftly in bringing deal back to MPs". The Guardian. Retrieved 20 December 2019.
- ^ See generally A. W. Bradley, "The Sovereignty of Parliament – Form or Substance?" in J Jowell, The Changing Constitution (7th ed., 2011) ch. 2
- ^ cf A. W. Bradley and K. D. Ewing, Constitutional and Administrative Law (2015) 65, it "is not possible to predict the outcome of changes made by Parliament to the 'manner and form' of the legislative process since, depending on the nature and reasons for such changes, the courts might still be influenced by a deep-seated belief in the proposition that Parliament cannot bind itself."
- ^ Magna Carta ch. 12, "No scutage [tax on knight's land or fee] nor aid shall be imposed on our kingdom, unless by common counsel of our kingdom ..."
- ^ Earl of Oxford's case (1615) 21 ER 485, Lord Ellesmere LC, "when a Judgment is obtained by Oppression, Wrong and a hard Conscience, the Chancellor will frustrate and set it aside, not for any error or Defect in the Judgment, but for the hard Conscience of the Party."
- Dr Bonham's case(1610) 8 Co Rep 114a
- ^ Parliament Act 1949 s 1.
- ^ Parliament Act 1911 s 1.
- ^ [2005] UKHL 56, [120] "Parliamentary sovereignty is an empty principle if legislation is passed which is so absurd or so unacceptable that the populace at large refuses to recognise it as law".
- Lord Hoffmann, "Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to fundamental principles of human rights. ... The constraints upon its exercise by Parliament are ultimately political, not legal. But the principle of legality means that Parliament must squarely confront what it is doing and accept the political cost. Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts, therefore, presume that even the most general words were intended to be subject to the basic rights of the individual. In this way the courts of the United Kingdom, though acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document."
- ^ cf Leslie Stephen, The Science of Ethics (1882) 145, "Lawyers are apt to speak as though the legislature were omnipotent, as they do not require to go beyond its decisions. It is, of course, omnipotent in the sense that it can make whatever laws it pleases, inasmuch as a law means any rule which has been made by the legislature. But from the scientific point of view, the power of the legislature is of course strictly limited. It is limited, so to speak, both from within and from without; from within, because the legislature is the product of a certain social condition, and determined by whatever determines the society; and from without, because the power of imposing laws is dependent upon the instinct of subordination, which is itself limited. If a legislature decided that all blue-eyed babies should be murdered, the preservation of blue-eyed babies would be illegal; but legislators must go mad before they could pass such a law, and subjects be idiotic before they could submit to it."
- ^ A. V. Dicey, The Law of the Constitution (1885) 39–40, Parliament has "under the English constitution, the right to make or unmake any law whatever; and further... no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament."
- ^ Treaty of Versailles (1919) Part XIII: Constitution of the International Labour Organization
- ^ See the International Organisations Act 1968 ss. 1–8
- ^ United Nations Act 1946 s. 1
- ^ See for example Legality of the Iraq War.
- ^ For instance, preceding art. 8 of that convention, see Entick v Carrington [1765] EWHC KB J98. On art. 11, see Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1941] UKHL 2.
- ^ Treaty on European Union art. 2
- ^ e.g. "Speech at the University of Zurich" (19 September 1946).
- ^ a b e.g. "Speech to the 69th Annual Conservative Party Conference at Llandudno" (9 October 1948). See J. Danzig, "Winston Churchill: A founder of the European Union" (10 November 2013) EU ROPE
- ^ Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62, [94] member states "have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves" on the "basis of reciprocity".
- ^ a b R v Secretary of State for Transport, ex parte Factortame Ltd [1990] UKHL 7.
- ^ R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3.
- ^ R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5
- ^ See Opinion polling for the United Kingdom European Union membership referendum § Post–referendum polling
- ^ R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, 146. "Judges, therefore, are neither the parents nor the guardians of political conventions; they are merely observers. As such, they can recognise the operation of a political convention in the context of deciding a legal question (as in the Crossman diaries case – Attorney General v Jonathan Cape Ltd [1976] 1 QB 752), but they cannot give legal rulings on its operation or scope, because those matters are determined within the political world. As Professor Colin Munro has stated, 'the validity of conventions cannot be the subject of proceedings in a court of law' – (1975) 91 LQR 218, 228."
- ^ cf. MacCormick v Lord Advocate 1953 SC 396, Lord Cooper, "The principle of the unlimited sovereignty of Parliament is a distinctively English principle which has no counterpart in Scottish constitutional law." However this view was disapproved in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, [43]: "Parliamentary sovereignty is a fundamental principle of the UK constitution", and at [50]: "it is a fundamental principle of the UK constitution that, unless primary legislation permits it, the Royal prerogative does not enable ministers to change statute law or common law ... This is, of course, just as true in relation to Scottish, Welsh or Northern Irish law."
- ^ cf Aristotle, Politics (330 BCE) 3.16, "It is more proper that law should govern than any one of the citizens".
- ^ X v Morgan-Grampian Ltd [1991] AC 1, 48, per Lord Bridge, "The maintenance of the rule of law is in every way as important in a free society as the democratic franchise. In our society the rule of law rests upon twin foundations: the sovereignty of the Queen in Parliament in making the law and the sovereignty of the Queen's courts in interpreting and applying the law."
- ^ R (Jackson) v Attorney General [2005] UKHL 56, [104] per Lord Hope
- ^ King's College, London, also remarked, "democracy lies at the heart of the concept of the rule of law".
- ^ A. V. Dicey, Introduction to the Study of the Law of the Constitution (3rd edn 1889) Part II, ch IV, 189, first "absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power", second "equality before the law, or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts" and third, "principles of private law have with us been by the action of the courts and Parliament so extended as to determine the position of the Crown and of its servants". See also J. Raz, "The Rule of Law and its Virtue" (1977) 93 Law Quarterly Review 195. Contrast D. Lino, "The Rule of Law and the Rule of Empire: A. V. Dicey in Imperial Context" (2018) 81(5) Modern Law Review 739. Previously, discourse among international finance followed a restrictive ideal: M Stephenson, "Rule of Law as a Goal of Development Policy" (2008) World Bank Research
- ^ Constitutional Reform Act 2005 ss. 1, 63–65 and Schs 8 and 12
- ^ a b Entick v Carrington [1765] EWHC KB J98
- ^ Malone v United Kingdom (1984) 7 EHRR 14
- ^ T. Bingham, Rule of Law (2008) 8, "all persons and authorities within the state, whether public or private should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publicly administered in the courts."
- ^ European Convention on Human Rights art 8 "(1) Everyone has the right to respect for his private and family life, his home and his correspondence. (2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
- ^ Malone v Metropolitan Police Commissioner [1979] Ch 344
- ^ Malone v United Kingdom [1984] ECHR 10, (1984) 7 EHRR 14
- ^ Originally the Interception of Communications Act 1985, and now the Regulation of Investigatory Powers Act 2000 ss 1–11, as amended by the Data Retention and Investigatory Powers Act 2014.
- ^ R (Corner House Research) v Director of the Serious Fraud Office [2008] UKHL 60, [2]–[7]
- ^ R (Corner House Research) v Director of the Serious Fraud Office [2008] UKHL 60, [55]
- A v Home Secretary[2004] UKHL 56, Lord Nicholls, "indefinite imprisonment without charge or trial is anathema in any country which observes the rule of law".
- ^ R (UNISON) v Lord Chancellor [2017] UKSC 51, [66]–[68]
- ^ e.g. M v Home Office [1993] UKHL 5, holding the Home Secretary, Kenneth Baker, in contempt of court for failing to return a Zaire teacher to the UK on refugee status, despite a High Court judge ordering it be done.
- The Spirit of the Laws(1748) Book XI, ch 6, 'When legislative power is united with executive power in a single person or in a single body of the magistracy, there is no liberty.'
- W Bagehot, The English Constitution 65, the "efficient secret" of the UK constitution was "the close union, the nearly complete fusion, of the legislative and executive powers".
- ^ Constitutional Reform Act 2005 ss 108–9
- ^ Constitutional Reform Act 2005 s 3.
- ^ cf A. Bradley, "The Sovereignty of Parliament – Form or Substance?" in Jowell, The Changing Constitution (7th ed. 2011) 35, "A further question is whether the democratic process in the UK works so well as to justify the absence of any limit on the authority of Parliament to legislate." This criticises A. V. Dicey, The Law of the Constitution (10th ed. 1959) 73, who said "The electors in the long run can always enforce their will", on the basis that executive dominance over Parliament might require revisions of the extent of the concept.
- Reference on Quebec (1998) 161 DLR (4th) 385, 416, "democracy in any real sense of the word cannot exist without the rule of law." R (UNISON) v Lord Chancellor[2017] UKSC 51, [68] "Without such access [to courts], laws are liable to become a dead letter, the work done by Parliament may be rendered nugatory, and the democratic election of Members of Parliament may become a meaningless charade."
- ^ See Thucydides, History of the Peloponnesian War (c. 411 BC) Book 2, para 37. Contrast Aristotle, Nicomachean Ethics, Book V, Parts 3 and 4, translated by D. P. Chase (favouring aristocracy, by equating it with appointment according to "excellence", supposedly), and Plato, The Republic, Book IV, Part V, 139, translated by D. Lee (arguing that philosopher kings should rule over a rigid hierarchy where there was "no interchange of jobs").
- ^ European Convention on Human Rights (1950), Preamble
- ^ Mathieu-Mohin and Clerfayt v Belgium (1987) 10 EHRR 1, [47] on the European Convention on Human Rights Protocol 1, art 3
- ^ Abraham Lincoln, Gettysburg Address (1863) "that government of the people, by the people, for the people shall not perish from the Earth".
- ^ cf A. J. Zurcher, "The Hitler Referenda" (1935), 29(1) American Political Science Review 91
- ^ F. L. Neumann, The Democratic and the Authoritarian State (1957) 186–193
- J. Habermas, Between Facts and Norms (1996) 135, "the only law that counts as legitimate is one that could be rationally accepted by all citizens in a discursive process of opinion- and will-formation."
- R. Dworkin, "Constitutionalism and Democracy" (1995), 3(1) European Journal of Philosophy 2–11, 4_5, a constitutional democracy means: (1) "a majority or plurality of people" (2) "all citizens have the moral independence necessary to participate in the political decision as free moral agents" (3) "the political process is such as to treat all citizens with equal concern". D. Feldman, Civil Liberties and Human Rights in England and Wales (2002) 32–33 "it would be perverse to argue that there is anything undemocratic about a restriction on the capacity of decision-makers to interfere with the rights which are fundamental to democracy itself". See also Matadeen v Pointu[1999] 1 AC 98, Lord Hoffmann, "Their Lordships do not doubt that such a principle [of equality] is one of the building blocks of democracy and necessarily permeates any democratic constitution."
- International Covenant on Economic, Social and Cultural Rights 1966, art 4
- ^ Archie v Law Association of Trinidad and Tobago [2018] UKPC 23, [18] Lady Hale, "A vital element in any modern democratic constitution is the independence of the judiciary from the other arms of government, the executive and the legislature. This is crucial to maintaining the rule of law: the judges must be free to interpret and apply the law, in accordance with their judicial oaths, not only in disputes between private persons but also in disputes between private persons and the state. The state, in the shape of the executive, is as much subject to the rule of law as are private persons." cf K. D. Ewing, "The Resilience of the Political Constitution" [2013] 14(12) German Law Journal 2111 Archived 30 October 2020 at the Wayback Machine, 2116, suggesting the current political constitution of the UK is not necessarily the same as a fully democratic constitution.
- ^ Ashby v White (1703) 2 Ld Raym 938, dissent approved by the House of Lords.
- ^ Morgan v Simpson [1975] QB 151
- ^ Animal Defenders International v United Kingdom [2008] UKHL 15, [48] and see also [2013] ECHR 362
- ^ Gorringe v Calderdale Metropolitan Borough Council [2004] UKHL 15, [2]. See also O'Rourke v Camden London Borough Council [1998] AC 188, "the [Housing] Act [1985] is a scheme of social welfare, intended to confer benefits at the public expense on grounds of public policy".
- Johnson v Unisys Limited [2001] UKHL 13, and Gisda Cyf v Barratt[2010] UKSC 41, [39]
- Kadi and Al Barakaat International Foundation v Council and Commission(2008) C-402/05, holding that international law binds EU law unless it requires an act that would run contrary to basic human rights.
- ^ e.g. Magna Carta, ch 41, "All merchants shall have safe and secure exit from England, and entry to England, with the right to tarry there and to move about as well by land as by water, for buying and selling by the ancient and right customs, quit from all evil tolls, except (in time of war) such merchants as are of the land at war with us ..."
- ^ Coke, 1 Institutes 182
- Case of Impositions (1606) 2 St Tr 371. John Bate claimed he did not need to pay a duty on imported currants imposed by the Crown, as contrary to the Confirmation of Charters, Weirs, Taxation Act 1371, 45 Edw 3 c. 4, which prohibited indirect taxation without consent of Parliament. The Court of Exchequer held the Crown could impose the duty as he pleased to regulate trade. The Court could not go behind the King's statement that the duty was indeed imposed for the purpose of regulating trade. Then, the Case of Ship Money or R v Hampden (1637) 3 St Tr 825 held that the King could raise money from trade without Parliament. This was reversed by the Ship Money Act 1640, and after the Civil War and Glorious Revolution, once again by the Bill of Rights 1689art 4.
- ^ Lethulier's Case (1692) 2 Salk 443, "we take notice of the laws of merchants that are general, not of those that are particular."
- ^ Luke v Lyde (1759) 97 Eng Rep 614, 618; (1759) 2 Burr 882, 887
- ^ Pillans v Van Mierop (1765) 3 Burr 1663
- ^ Somerset v Stewart (1772) 98 ER 499, "The state of slavery is of such a nature, that it is incapable of now being introduced by Courts of Justice upon mere reasoning or inferences from any principles, natural or political; it must take its rise from positive law; the origin of it can in no country or age be traced back to any other source: immemorial usage preserves the memory of positive law long after all traces of the occasion; reason, authority, and time of its introduction are lost ..."
- ^ Saad v Secretary of State for the Home Department [2001] EWCA Civ 2008, [15] Lord Phillips MR, quoting Bennion on Statutory Interpretation (3rd ed) p. 630 that: "It is a principle of legal policy that the municipal law should conform to public international law. The court, when considering, in relation to the facts of the instant case, which of the opposing constructions of the enactment would give effect to the legislative intention, should presume that the legislator intended to observe this principle."
- Lord Hoffmann
- ^ Hounga v Allen [2014] UKSC 47
- Lord Kerr, dissenting, at [247]-[257] argued the dualist theory of international law should be abandoned, and international law should be directly effective in UK law.
- Kadi and Al Barakaat International Foundation v Council and Commission(2008) C-402/05
- ^ Presumed violations of international law and common law standards of free and fair voting; see the Venice Commission, Code of Practice on Referendums (2007) on asking questions with concrete, determinative choices.
- ^ For principles of treaty interpretation, see the Vienna Convention on the Law of Treaties (1969).
- ^ e.g. Winston Churchill, "Speech to the 69th Annual Conservative Party Conference at Llandudno" (9 October 1948). See J. Danzig, "Winston Churchill: A founder of the European Union" (10 November 2013), EU ROPE
- ^ cf World Trade Organization (Immunities and Privileges) Order 1995
- ^ On the post-referendum debate, see R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 and European Union (Notification of Withdrawal) Act 2017 s 1, giving power to the PM to notify intention to negotiate to leave the EU.
- Electoral Commission, Report of an investigation in respect of Vote Leave Limited, Mr Darren Grimes, BeLeave, Veterans for Britain (17 July 2018). Litigated in R (Wilson) v Prime Minister [2018] EWHC 3520 (Admin) Archived 16 January 2019 at the Wayback Machine, and see E McGaughey, "Could Brexit be Void?" (2018) King's Law Journal.
- ^ Attorney General v Jonathan Cape Ltd [1975] 3 All ER 484 (on the legal nature of conventions)
- ^ Haves, Emily (4 July 2022). "UK Constitution: Proposals and ministerial responsibility".
- ^ "British Library". www.bl.uk. Archived from the original on 1 April 2019. Retrieved 5 January 2023.
- ^ "How power is exercised within the UK | Law Wales". law.gov.wales. Retrieved 5 January 2023.
- ^ "The UK constitution". The Constitution Society. Retrieved 5 January 2023.
- ^ UCL (8 November 2021). "What are constitutional conventions?". The Constitution Unit. Retrieved 5 January 2023.
- Fixed-term Parliaments Act fixed the timespan between elections at five years. By contrast, Australiahas elections each 3 years, and the US has presidential elections each 4 years.
- ^ Parliament Act 1911 and Parliament Act 1949.
- ^ Life Peerages Act 1958 s 1
- ^ House of Lords Act 1999 ss 1-2, or 90 plus the "Lord Great Chamberlain" and the "Earl Marshal".
- Lord Hoffmann
- Acts of Supremacy 1534, the Earl of Oxford's case (1615) 21 ER 485, and the Bill of Rights 1689
- ^ This was represented by the Parliament Act 1911, following the People's Budget of 1909.
- ^ Bill of Rights 1689 art 4, levying money for the Crown without Parliament's consent is illegal. Each year a Supply and Appropriation (Anticipation and Adjustments) Bill, typically passed in March, provides money on account to fund activities from the start of the new financial year. A Supply and Appropriation (Main Estimates) Bill, typically passed in July, authorises issue of money from the Consolidated Fund for the balance of the grant of estimates for the financial year, with a detailed schedule of total net resources, capital and cash authorised for each department.
- JS Mill, Considerations on Representative Government (1861) ch 5. AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2018) ch 8.
- ^ HC Modernisation Committee (2001–02) HC 1168, recommended publishing draft bills, and (2005–06) HC 1097, 'one of the most successful Parliamentary innovations of the last ten years' and 'should become more widespread'.
- ^ Dissolution and Calling of Parliament Act 2022 s 4
- ^ Mental Health Act 1983 or Criminal Procedure (Insanity) Act 1964
- ^ See Hirst v United Kingdom (No 2) [2005] ECHR 681 (blanket disqualification of convicted prisoners from voting breached ECHR Prot 1, art 3. After this the UK failed to change its laws. Green v United Kingdom [2010] ECHR 868 reaffirmed the position. HL Paper 103, HC 924 (2013-14) recommended prisoners serving under 12 months should be entitled to vote. Parliament still did not act. McHugh v UK [2015] ECHR 155, reaffirmed breach but awarded no compensation or costs. However, Moohan v Lord Advocate [2014] UKSC 67 and Moohan v UK (13 June 2017) App No 22962/15, denial of prisoner voting in the Scottish independent referendum was not a breach of art 3.
- ^ Electoral Registration and Administration Act 2013 ss 1-5
- ^ (1703) 2 Ld Raym 938
- ^ Morgan v Simpson [1975] QB 151, per Lord Denning MR
- ^ cf R (Wilson) v Prime Minister [2018] EWHC 3520 (Admin) Archived 16 January 2019 at the Wayback Machine, and E McGaughey, 'Could Brexit be Void?' (2018) King's Law Journal
- PPERA 2000ss 72-131 and Schs 8-13, in referendums, the limit has traditionally been set at £600,000 for the official campaigns on each side.
- ^ Communications Act 2003 ss 319-333.
- Baroness Hale. Confirmed in [2013] ECHR 362.
- ^ Representation of the People Act 1983 ss 92. Furthermore, any "trading" with hostile foreign parties with whom the UK is "at war" may lead to seven years in prison. Trading with the Enemy Act 1939 (c 89) ss 1-2, seven years prison for trading with an enemy who is "at war with His majesty".
- ^ R (Electoral Commission) v City of Westminster Magistrate's Court and UKIP [2010] UKSC 40, holding that a partial forfeiture of £349,216 donations by a non-UK resident was appropriate.
- ^ Political Parties, Elections and Referendums Act 2000 ss 12-69 and 149
- ^ Parliamentary Constituencies Act 1986, setting up the Boundary Commission. See also, R (McWhirter) v Home Secretary (21 October 1969) The Times, elector in Enfield sought mandamus ('we command') to require Home Secretary to perform statutory duty of laying before Parliament Commission reports with draft orders in Council.
- ^ Electoral Administration Act 2006 s 17
- ^ Act of Settlement 1700 s 3 unless 'qualifying Commonwealth and Irish citizens, British Nationality Act 1981 Sch 7 and Electoral Administration Act 2006 s 18
- ^ Insolvency Act 1986 s 426A(5)
- ^ RPA 1983 ss 160 and 173
- ^ House of Commons Disqualification Act 1957 ss 1 and 5 and House of Commons Disqualification Act 1975 give further exceptions.
- ^ Ministerial and Other Salaries Act 1975 ss 1-2
- ^ House of Lords Act 1999 ss 1-2
- ^ Constitutional Reform Act 2005 s 24
- ^ See the Lords Appointments webpage.
- ^ Now confirmed in the House of Lords Reform Act 2014
- ^ Peerages Act 1963 and Re Parliamentary Election for Bristol South East [1964] 2 QB 257, Viscount Stansgate or Tony Benn challenged the law disqualifying peers standing for Parliament.
- ^ House of Lords (Expulsion and Suspension) Act 2015
- ^ Parliament Act 1911 ss 1-3 and Parliament Act 1949
- ^ a b An Act abolishing the House of Lords 1649, reading "The Commons of England assembled in Parliament, finding by too long experience that the House of Lords is useless and dangerous to the people of England to be continued, have thought fit to ordain and enact, and be it ordained and enacted by this present Parliament, and by the authority of the same, that from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away; and that the Lords shall not from henceforth meet or sit in the said House called the Lords' House, or in any other house or place whatsoever..." See also T Benn, 'We should abolish the House of Lords, not reform it' (12 July 2012) New Statesman
- ^ cf GDH Cole, Self-Government in Industry (5th edn 1920) ch V, 134-135. S Webb, Reform of the House of Lords (1917) Fabian Tract No. 183, 7, at 12, preferring a chamber of around 100 people elected by proportional representation. E McGaughey, 'A Twelve Point Plan for Labour, and A Manifesto for Labour Law' (2017) 46(1) Industrial Law Journal 169 Archived 6 August 2020 at the Wayback Machine
- ^ "Constitutional Reform Act 2005".
- ^ "Constitutional Reform Act 2005".
- ^ Practice Statement [1966] 3 All ER 77
- ^ This has three divisions: the Administrative, Family and King's Bench divisions.
- ^ Employment Tribunals Act 1996, appealing to the Employment Appeal Tribunal.
- ^ Tribunals, Courts and Enforcement Act 2007, appealing to the appropriate Upper Tribunal division.
- ^ e.g. Hounga v Allen [2014] UKSC 47
- McCulloch v Maryland(1819) 17 US (4 Wheat) 316
- ^ See Re Spectrum Plus Ltd [2005] UKHL 41.
- ^ See Pickin v British Railways Board [1974] AC 765
- Lord Hoffmann, "In this way the courts of the United Kingdom, though acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document."
- ^ Inquiries Act 2005
- ^ See now the Constitutional Reform Act 2005 s 33 and Senior Courts Act 1981 s 11(3)
- ^ AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2014) 329, 'whatever the theoretical position, there are a number of reasons which help to ensure that these latter powers are unlikely ever to be used, with the security of judicial tenure relying not so much on legal rules as on a shared constitutional understanding which these rules reflect.'
- ^ Codified in 1963, updated in 1972 and 2001, HC Deb (15 December 2001) col 1012.
- ^ Constitutional Reform Act 2005 s 3
- ^ Courts and Legal Services Act 1990
- H Laski(1932) 168-9, between 1832 and 1906, 'Out of 139 judges appointed, 80 were members of the House of Commons at the time of their nomination; 11 others had been candidates for Parliament', and that of the 80, '63 were appointed by their own party while in office'.
- CRA 2005 s 27A and SI 2013/2193. See also Judicial Appointments Regulations 2013(SI 2192)
- CRA 2005ss 70-79
- ^ cf 'Baroness Brenda Hale: "I often ask myself 'why am I here?'" (17 September 2010) Guardian "I'm quite embarrassed to be the only justice to tick a lot of the diversity boxes, for example the gender one, the subject areas in which I'm interested (which are not ones that most of my colleagues have had much to do with up until now), the fact that I went to a non-fee-paying school and the fact that I wasn't a practitioner for any great length of time. I'm different from most of my colleagues in a number of respects (and they're probably at least as conscious of this as I am). I think we could do with more of that sort of diversity."
- ^ [2017] UKSC 51
- ^ See the Prosecution of Offences Act 1985
- ^ Queen Anne withheld royal assent for the Scottish Militia Bill.
- ^ See R Blackburn, 'Monarchy and the personal prerogatives' [2004] Public Law 546, explaining that the "personal prerogative" of the monarch is a set of powers that must be exercised according to law, and must follow the advice of the Prime Minister, or in accordance with Parliament and the courts.
- US Declaration of Independencein 1776.
- W Bagehot, The English Constitution (1867) 111, suggesting the monarch has a right to be consulted, to encourage and to warn.
- ^ The Sunday Times Rich List 2015 estimated the Queen's personal wealth at £340 million, making her the 302nd richest person in the UK: H Nianias, 'The Queen drops off the top end of the Sunday Times Rich List for the first time since its inception' (26 April 2015) The Independent
- ^ Sovereign Grant Act 2011 ss 1-6. This was raised from 15% by SI 2017/438 art 2.
- Crown Estate Act 1961s 1, up to eight Crown Estate Commissioners are appointed by the monarch on PM advice.
- ^ 'Crown Estate makes record £304m Treasury payout' (28 June 2016) BBC News. See map.whoownsengland.org and the colour purple for the Crown Estate. This includes (1) retail property such as Regent Street in London, commercial property in Oxford, Milton Keynes, Nottingham, Newcastle, etc., and a right to receive 23% of the income from the Duchy of Lancaster's Savoy Estate in London (2) 116,000 hectares of agricultural land and forests, together with minerals and residential and commercial property (3) rights to extract minerals covers some 115,500 hectares (4) 55% of the UK's foreshore, and all of the UK's seabed from mean low water to the 12-nautical-mile (22 km) limit, plus sovereign rights of the UK in the seabed and its resources vested by the Continental Shelf Act 1964.
- I Jennings, Cabinet Government (3rd edn 1959) ch 2
- ^ Fixed-term Parliaments Act 2011
- ^ The vote was 45.13% in favour of becoming a republic, but on a model of having a directly elected president. 54..87% of voters opposed this. See [2000] Public Law 3.
- ^ "Who are the monarchists? | YouGov". yougov.co.uk. Retrieved 18 September 2019.
- Coke CJ, "true it was, that God had endowed His Majesty with excellent science, and great endowments of nature; but His Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods, or fortunes of his subjects".
- ^ a b Case of Proclamations [1610] EWHC KB J22
- R (Miller) v Secretary of State for Exiting the EU[2017] UKSC 5
- ^ cf AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2018) ch 10 258-265, listing 9 categories.
- ^ HC Deb (21 April 1993) col 490 and HC 422 (2003–04) Treasury Solicitor, suggesting an exhaustive catalogue of powers is probably not possible, but listing major categories.
- ^ Subject to the Life Peerages Act 1958 and House of Lords Act 1999 s 1
- R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 2)[2008] UKHL 61, [69] per Lord Bingham
- R (FBU) v Home Secretary [1995] 2 AC 513, Re Lord Bishop of Natal(1864) 3 Moo PC (NS) 115
- Criminal Appeal Act 1995s 16
- ^ e.g. the Island of Rockall was seized in 1955, and later recognised in the Island of Rockall Act 1972. See R (Lye) v Kent JJ [1967] 2 QB 153 on alterations.
- ^ Nissan v AG [1970] AC 179, now regulated by Immigration Act 1971 s 33(5). The power of expulsion is considered 'doubtful' outside statute: AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2018) ch 10, 261
- ^ Constitutional Reform and Governance Act 2010 s 20, codifying the previous Ponsonby Rule.
- ^ Burmah Oil Co Ltd v Lord Advocate [1965] AC 75, 101
- ^ This convention was established through the Iraq war, where Parliament backed an invasion contrary to international law in 2003, and a vote against an invasion of Syria in 2013.
- ^ Bank voor Handel en Scheepvaart NV v Administrator of Hungarian Property [1954] AC 584
- ^ e.g. MoJ, Rev of the Exec Royal Prer Powers (2009) 23
- ^ Spook Erection Ltd v Environment Secretary [1989] QB 300 (beneficiary of market franchise not entitled to Crown's exemption from planning control)
- ^ e.g. Butler v Freeman (1756) Amb 302, In re a Local Authority [2003] EWHC 2746, Scott v Scott [1913] AC 417.
- ^ Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
- Chevening Estate Act 1959, Ministerial and other Pensions and Salaries Act 1991
- ^ Ministers of the Crown Act 1975 s 5. Under the Crown Proceedings Act 1947 s 17 the Minister for Civil Service (i.e. the PM) maintains a list of govt departments (for the purpose of proceedings against the Crown).
- AG v Jonathan Cape Ltd[1976] QB 752, suggesting the duty of confidentiality expires after a number of years out of government.
- ^ a b Constitutional Reform and Governance Act 2010 s 3, putting management of the civil service into statute. Civil Service Management Code s 11.1.1, civil servants employed at pleasure of the Crown, theoretically lacking a wrongful dismissal remedy according to somewhat outdated case law: Dunn v R [1896] 1 QB 116 and Riordan v War Office [1959] 1 WLR 1046, but under the Employment Rights Act 1996 s 191, civil servants expressly have the right to claim unfair dismissal.
- ^ This is elaborated upon in a much larger Civil Service Management Code. See also the Prevention of Corruption Act 1906 and 1916. The Osmotherly Rules guide civil servants on how to answer questions from Parliament committees.
- ^ Freedom of Information Act 2000 ss 1 and 21-44. Sch 1 lists public bodies that are subject. The BBC can only be required to disclose information held for non-journalistic purposes, to protect freedom of expression: Sugar v BBC [2012] UKSC 4 and BBC v Information Commissioner [2009] UKHL 9
- ^ Greater London Authority Act 1999 ss 31, 141, 180 and 333 (with highly limited powers except in transport)
- S Webb, English Local Government (1929) Volumes I–X.
- ^ See Greater London Authority Act 1999 ss 31, 141, 180 and 333 (with highly limited powers except in transport) the Scotland Act 1998 ss 28-29 and Sch 5 (with full legislative power except 'reserved matters'), the Government of Wales Act 2006 Sch 5 (setting a list of devolved 'fields'), and the Northern Ireland Act 1998 s 4 and Schs 2 and 3 (listing excepted and reserved matters, but the Assembly can legislate in all other fields).
- ^ Local Government Finance Act 1992 set up property value bands, but despite proposals in 1995, these have never been altered despite drastic shifts in house prices.
- ^ Local Government Finance Act 1992 ss 52ZA-ZY, introduced by the Localism Act 2011. Also under ss 52A-Y in Wales the Secretary can cap council tax if deemed excessive.
- ^ N Amin-Smith and D Phillips, 'English council funding: what's happened and what's next?' (2019) IFS, BN 250 Archived 3 November 2020 at the Wayback Machine
- ^ See further Local Government Finance Act 1992 ss 65-68. Council Tax (Administration and Enforcement) Regulations 1992 regs 8-31
- ^ See DCLG duties and other duties. Having an uncodified constitution means laws can be amended and changed easily, the rules are not entrenched
- ^ Localism Act 2011 ss 1-5, which add that the Secretary of State can remove restrictions through secondary legislation.
- ^ Town and Country Planning Act 1990 ss 65-223
- ^ Planning and Compulsory Purchase Act 2004 ss 13-39
- ^ Education Act 1996 ss 3A-458
- ^ Public Libraries and Museums Act 1964 ss 1-13
- ^ Childcare Act 2006 ss 6-13
- ^ Highways Act 1980 ss 25-31A
- NHS and Community Care Act 1990 ss 46-47. Carers and Disabled Children Act 2000s 1-6A
- ^ Environmental Protection Act 1990 ss 45-73A
- ^ e.g. Household Recycling Act 2003
- ^ Building Act 1984 ss 59-106
- ^ e.g. Housing Act 1985 ss 8-43 and 166-8
- ^ Homelessness Act 2002
- ^ cf Widdicombe Committee, Committee of Inquiry into the Conduct of Local Authority Business (1986) Cmnd 9797
- ^ Local Democracy, Economic Development and Construction Act 2009 s 107A and Sch 5A
- ^ Cities and Local Government Devolution Act 2016 s 15. cf M Elliot, Public Law (2016) 320, 'The net result, over time, will be a patchwork of combined authorities with elected mayors, supplying a mezzanine layer of government that sits between individual local authorities and central government.' HC 369 (2015-16) [53] criticised the lack of actual public consultation in creating combined authorities. See also 2012 English mayoral referendums and List of lord mayoralties and lord provostships in the United Kingdom.
- ^ cf Sir Kenneth Calman Report, Serving Scotland Better (2009)
- ^ Government of Wales Act 1998 Sch 5 listing (1) agriculture, fisheries, forestry and rural development) (2) ancient monuments and historic buildings (3) culture (4) economic development (5) education and training (6) environment (7) fire and rescue services and promotion of fire safety (8) food (9) health and health services (10) highways and transport (11) housing (12) local government (13) National Assembly for Wales (14) public administration (15) social welfare (16) sport and recreation (17) tourism (18) town and country planning (19) water and flood defence (20) Welsh language.
- ^ See Agricultural Sector (Wales) Bill - Reference by the Attorney General for England and Wales [2014] UKSC 43
- The Cambridge Union was established in 1815, and the Oxford Unionin 1823. Most universities have student debating societies.
- Petition of Right 1628 reasserted these values from Magna Carta against King Charles I.
- J Bentham, Anarchical Fallacies; Being an Examination of the Declarations of Rights Issued During the French Revolution (1789) art II
- A Vindication of the Rights of Woman: with Strictures on Political and Moral Subjects (1792). See also O de Gouges, Declaration of the Rights of Woman and of the Female Citizen(1791)
- Second Reform Act 1867 and the Trade Union Act 1871.
- jus cogens norms in international law, since two treaties, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rightsof 1966 recast the UDHR.
- Re Wünsche Handelsgesellschaft(22 October 1986) BVerfGE 73, 339 (first setting out the basic concepts).
- ^ ECHR arts 2 (right to life). Article 3 (right against torture). Article 4, right against forced labour, see Somerset v Stewart (1772) 98 ER 499. Articles 12-14 are the right to marriage, effectiveness and to equal treatment.
- ^ ECHR arts 5-11.
- ^ Senior Courts Act 1981 s 31(3)
- ^ Civil Procedure Rules rule 54.5 claims can be made up to 'three months after the grounds to make the claim first arose', but the period can be shorter if legislation says so.
- ^ Limitation Act 1980 ss 2 and 5. But under s 11, the period is three years for personal injury or death, under s 11A ten years for defective products, and under s 15 twelve years to recover land.
- R (Datafin) v Panel on Takeovers and Mergers[1987] QB 815
- Lord Bingham of Cornhill, Rule of Law (2010) was 'Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly, for the purposes for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.' Contrast the Companies Act 2006 ss 171-177, codifying directors' duties.
- R v Home Secretary ex p Venables and Thompson[1998] AC 407 (irrelevant consideration).
- R v North and East Devon Health Authority, ex p Coughlan[2001] QB 213 (legitimate expectation upheld)
- ^ R (Corner House Research) v Director of the Serious Fraud Office [2008] UKHL 60 (independent judgement)
- R v Bow Street Stipendiary Magistrate, ex p Pinochet (No 2)[2000] 1 AC 119 (possibility of a conflict of interest).
- ^ Human Rights Act 1998 ss 3-6
- ^ Senior Courts Act 1981 s 31(1)
- J Froissart, Froissart's Chronicles (1385) translated by GC Macaulay (1895) 251–252.
- ^ The Acts of Union 1800 unified the Kingdom of Great Britain and the Kingdom of Ireland, while the Acts of Union 1707 unified England and Wales with Scotland, but did not yet officially use the name 'United Kingdom'.
- ^ See AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2018) ch 2, 32-48.
- assembly to advise the King, a precursor to Parliament.
- ^ "Laws of Edward the Confessor". 26 May 2022.
- ^ DD McGarry, Medieval History and Civilization (1976) 242, 12% free, 30% serfs, 35% bordars and cottars, 9% slaves.
- ^ T Purser, Medieval England, 1042-1228 (2004) 161, this included a 25% tax on income and property, all the year's wool, and all churches gold and silver, to pay a ransom after Richard I was captured when returning from the crusades by Henry VI, Holy Roman Emperor.
- ^ Magna Carta clauses 12 (Parliament), 17 (court), 39 (fair trial), 41 (free movement), 47 (common land).
- Peasants' revolt of 1381. As ballads and poems evolved, see John Stow, Annales of England (1592)
- Charter of the Forest 1217. This allowed, for example, in clause 9, 'Every freeman shall at his own pleasure provide agistment' or grazing rights, and in clause 12, 'Henceforth every freeman, in his wood or on his land that he has in the forest, may with impunity make a mill, fish-preserve, pond, marl-pit, ditch, or arable in cultivated land outside coverts, provided that no injury is thereby given to any neighbour.'
- ^ Pollock and Maitland (1899) Book I, 173
- The Chronicles of Froissart (1385) translated by GC Macaulay (1895) 250–52, "What have we deserved, or why should we be kept thus in servage? We be all come from one father and one mother, Adam and Eve: whereby can they say or shew that they be greater lords than we be, saving by that they cause us to win and labour for that they dispend? They are clothed in velvet and camlet furred with grise, and we be vestured with poor cloth: they have their wines, spices and good bread, and we have the drawing out of the chaff and drink water: they dwell in fair houses, and we have the pain and travail, rain and wind in the fields; and by that that cometh of our labours they keep and maintain their estates: we be called their bondmen, and without we do readily them service, we be beaten; and we have no sovereign to whom we may complain, nor that will hear us nor do us right."
- A Fitzherbert, Surueyenge(1546) 31, servitude was 'the greatest inconvenience that nowe is suffred by the lawe. That is to have any christen man bounden to an other, and to have the rule of his body, landes, and goodes, that his wyfe, children, and servantes have laboured for, all their life tyme, to be so taken, lyke as it were extorcion or bribery'.
- Utopia(1516) Book I, "wherever it is found that the sheep of any soil yield a softer and richer wool than ordinary, there the nobility and gentry, and even those holy men, the abbots not contented with the old rents which their farms yielded... stop the course of agriculture, destroying houses and towns, reserving only the churches, and enclose grounds that they may lodge their sheep in them... Stop the rich from cornering markets and establishing virtual monopolies. Reduce the number of people who are kept doing nothing. Revive agriculture and the wool industry, so that there is plenty of honest, useful work for the great army of unemployed – by which I mean not only existing thieves, but tramps and idle servants who are bound to become thieves eventually."
- ^ On his behalf Edward Seymour, 1st Duke of Somerset ruled as Lord Protector until he was replaced and executed by John Dudley, 1st Duke of Northumberland. Somerset House was transferred to the crown, and Elizabeth was allowed to live there by Mary, Queen of Scots as she killed Lady Jane Grey (1554) and ruled until 1558. Mary then died without children, after killing hundreds of Protestants.
- ^ James, The True Law of Free Monarchies (1598)
- Semayne's Case (1604) 5 Coke Rep 91, that nobody can enter another's property without lawful authority and that "the house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose." See also Calvin's Case Calvin's Case (1572) , 77 ER 377that a person born in Scotland is entitled to all rights in England.
- ^ Case of Prohibitions [1607] EWHC J23 (KB)
- ^ (1610) 77 Eng Rep 638
- Marbury v Madison5 US (1 Cranch) 137 (1803).
- ^ (1615) 21 ER 485
- ^ Compounded by a ruling in Peacham's Case (1614) that held it would not be treason to advocate the King's death.
- Five Knights' case(1627) 3 How St Tr 1
- Petition of Right 1628 (3 Cha. 1. c. 1)
- )
- ^ Richard Cromwell, Oliver's son, briefly succeeded but lacking support swiftly renounced power after 9 months.
- ^ The conflict ended at Battle of the Boyne.
- ^ Bill of Rights 1689 and Claim of Right 1689 arts 2, 8 and 13
- Second Treatise on Government (1689) ch IX
- Holt CJconfirmed by the House of Lords.
- ^ "Union with Scotland Act 1706". legislation.gov.uk. Retrieved 14 November 2020.
Articles 18 and 19
- A Smith, The Wealth of Nations (1776) Book V, ch 1, §107
- ^ Keech v Sandford [1726] EWHC J76, an English trust law case following Lord Macclesfield LC, disgraced by his role on the South Sea Company, impeached by the House of Lords and found guilty of taking bribes in 1725. Keech reversed Bromfield v Wytherley (1718) Prec Ch 505 that a fiduciary could take money from a trust and keep profits if they restored the principal afterwards.
- ^ Attorney General v Davy (1741) 26 ER 531 established that any body of assembled people can do a corporate act by a majority.
- ^ Walpole's tenure lasted from 1721-1742.
- ^ Entick v Carrington [1765] EWHC KB J98
- let justice be done whatever be the consequence", held that slavery was "so odious" that nobody could take "a slave by force to be sold" for any "reason whatever".
- ^ AW Blumrosen, 'The Profound Influence in America of Lord Mansfield's Decision in Somerset v Stuart' (2007) 13 Texas Wesleyan Law Review 645
- Transportation Act 1717 and then the Transportation Act 1790.
- Combination Acts, etc.
- J Bentham, Anarchical Fallacies; Being an examination of the Declaration of Rights issued during the French Revolution (1796)
- ^ M Wollstonecraft, A Vindication of the Rights of Woman (1792) ch IX
- Union with Ireland Act 1800arts 3-4 gave Irish representation at Westminster.
- T Malthus, An Essay on the Principle of Population (1798) supported this, arguing that working class "vice" and overpopulation was the cause of poverty.
- ^ (1834) 172 ER 1380
- ^ Letter to Lord Russell (October 1862) 'Power in the Hands of the Masses throws the Scum of the Community to the Surface. ... Truth and Justice are soon banished from the Land.'
- Conspiracy and Protection of Property Act 1875 and Allen v Flood[1898] AC 1
- ISBN 978-0-7190-5303-0.
- ISBN 978-0-415-35970-2.
- Taff Vale Railway Co v Amalgamated Society of Railway Servants [1901] UKHL 1
- ^ Trade Disputes Act 1906
- ^ Old Age Pensions Act 1908
- ^ Trade Boards Act 1909
- ^ National Insurance Act 1911
- ^ Parliament Act 1949 reduced the power to delay to one year.
- JM Keynes, The Economic Consequences of the Peace(1919)
- ^ JC Coffee, 'What Went Wrong? An Initial Inquiry into the Causes of the 2008 Financial Crisis' (2009) 9(1) Journal of Corporate Law Studies 1. For problems starting in US regulation, see E Warren, 'Product Safety Regulation as a Model for Financial Services Regulation' (2008) 43(2) Journal of Consumer Affairs 452, and contrast the Consumer Credit Act 1974 or the Unfair Terms in Consumer Contracts Directive 93/13/EEC arts 3-6.
- ISBN 978-1-139-99138-4.
- ISBN 978-1-904380-68-9.
- ISBN 978-1317228820.
- ^ "Independence". Courts and Tribunals Judiciary. Retrieved 9 November 2014.
- ^ Mc Manamon, Anthony (2012). The House of Lords and the British political tradition (Ph.D. thesis). University of Birmingham.
- ^ a b Barendt, Eric (1997). "Is there a United Kingdom Constitution". Oxford Journal of Legal Studies. 137. Archived from the original on 15 April 2013. Retrieved 6 October 2007.
- Charter88. Archived from the originalon 30 December 2009. Retrieved 31 January 2010.
- ^ Dicey, A.V. (1915). Introduction to the Study of the Law of the Constitution. London: Macmillan Publishers. p. 70.
- ISBN 978-0-906321-31-7.
- ^ A V Dicey (1897) Introduction to the Study of the Law of the Constitution
- ^ Bradley, Joseph P. (dissenting). "Slaughter-House Cases 83 U.S. 36 (1873)". Legal Information Institute. Cornell University Law School. Retrieved 30 July 2016.
- ^ Dawn Oliver noted the absence of a 'master plan or coherent programme for reform of the UK constitution' and considered that the reforms were 'pragmatic responses to political pressures and perceived problems, on an ad hoc, incremental basis': as quoted by Mitchell, James, The Westminster Model and the State of Unions, Parliamentary Affairs, Vol. 63, No. 1 (Jan 2010), p. 85
- ^ "Vote 2011: UK rejects alternative vote". BBC News. 7 May 2011.
References
- Articles
- A Blick, 'Magna Carta and contemporary constitutional change' (2015) History and Policy
- V Bogdanor, T Khaitan and S Vogenauer, 'Should Britain have a written constitution?' (2007) 78(4) Political Quarterly 499[permanent dead link]
- Briggs, Asa, “Trollope, Bagehot, and the English Constitution,” in Briggs, Victorian People (1955) pp. 87–115. online
- KD Ewing, 'The Resilience of the Political Constitution' (2013) 14(12) German Law Journal 2111 Archived 30 October 2020 at the Wayback Machine
- JAW Griffith, 'The Political Constitution' (1979) 42(1) Modern Law Review 1
- F Kessler, 'Natural Law, Justice and Democracy—Some Reflections on Three Types of Thinking About Law and Justice' (1944) 19 Tulane Law Review 32
- Lord Hoffmann, (2013) 17 Oxford Law News 8-9, from a tribute at St John's Smith Square on 5 June 2013
- O Kahn-Freund, 'Autobiographical Memories of the Weimar Republic: A Conversation with Wolfgang Luthardt' (February 1978) KCL Law School Research Paper No. 2016-34
- J Laws, 'Law and Democracy' [1995] Public Law 72
- S Webb, 'Socialism: true and false. A lecture delivered to the Fabian Society' (21 January 1894) Fabian Tract, 51
- S Webb, 'The reform of the House of Lords' (1917) Fabian Tract, 183
- Books
- W Bagehot, The English Constitution(1867)
- Lord Bingham of Cornhill, Rule of Law (2010)
- AV Dicey, Introduction to the Study of the Law of the Constitution (3rd edn 1889)
- Eichmann in Jerusalem: A Report on the Banality of Evil(1963)
- J Froissart, Froissart's Chronicles (1385) translated by GC Macaulay (1895)
- I Jennings, A Federation for Western Europe (1940)
- FW Maitland, The Constitutional History of England (CUP 1919)
- JS Mill, On Liberty (1859)
- )
- Utopia (1516) translated by Gilbert Burnet (1901)
- FL Neumann, Behemoth: The Structure and Practice of National Socialism, 1933-1944 (1944)
- FL Neumann, The Democratic and the Authoritarian State: Essays in Political and Legal Theory (1957)
- C Turpin and A Tomkins, British Government and the Constitution (7th edition, CUP)
- B Webb, Industrial Democracy(1890)
- S Webb, English Local Government (1906 through 1929) Volumes I–X
- Textbooks
- AW Bradley, KD Ewingand CJS Knight, Constitutional and Administrative Law (2018)
- H Kelsen, Principles of International Law (1952)
- A Le Sueur, M Sunkin and J Murkens, Public Law Text, Cases, and Materials (3rd edn 2016)
- M Elliott and R Thomas, Public Law (3rd edn 2017)
- Other papers
- C Gearty, 'Are judges now out of their depth?' (2007)
- D Jenkins, 'From Unwritten to Written: Transformation in the British Common-Law Constitution'
- J McEldowney, Report on the British constitution and proposed European constitution (2003) Written evidence to the House of Lords Select Committee on the Constitution.
- Pike, Luke Owen (1907). . London: Oxford University Press.
External links
- The UK constitution - The Constitution Society, consoc.org.uk
- What is the UK Constitution? | The Constitution Unit - UCL – University College London, ucl.ac.uk
- Britain's unwritten constitution | The British Library Archived 1 April 2019 at the Wayback Machine, bl.uk
Works related to The New International Encyclopædia/Constitution at Wikisource- Cabinet Office - Constitutional Reform
- Guardian Special Report – Constitutional Reform
- United Kingdom Constitutional Law Association blog on Constitutional Reform
- The Constitution Society feature on What is the British Constitution?
- LSE - A New UK Constitution
- UCL Constitution Unit - About
- ESRC Centre on Constitutional Change
- Democratic Audit UK
- The Parliament and Constitution Centre
- Constitutional Law Chronology
- Full Constitution of England - Constitute Project
- Constitutional Statutes: including discussion of later cases e.g. Robinson v Secretary of State for Northern Ireland [2002] UKHL 32, BH v Lord Advocate [2012] UKSC 24, R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3.
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