Constitution and Parliament

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Presentation transcript:

Constitution and Parliament 06/12/2018 Constitution and Parliament

Constitution and Parliament Magna Carta 1215 -- King not above the law Petition of Right 1628 -- habeas corpus Bill of Rights 1689 -- end of "divine right of kings"; Parliament supreme Act of Union 1707 (with Scotland) Act of Union 1800 (with effect from 1801 -- with Ireland) 06/12/2018 Constitution and Parliament

Constitution and Parliament Representation of the People Acts 1832, 1867, 1884, 1918, 1928: gradual extension of the franchise until universal franchise in 1928. 06/12/2018 Constitution and Parliament

Constitution and Parliament November 1910 PRO ref: HO 144/1106/200455 Source: www.learningcurve.gov.uk/britain1906to1918 06/12/2018 Constitution and Parliament

Constitution and Parliament Parliament Acts 1911 and 1949 restricted powers of the House of Lords (now delaying power of one month for financial legislation and approx one year for other legislation) European Community Act 1972 1986 Single European Act 06/12/2018 Constitution and Parliament

Constitution and Parliament Devolution (Scottish Parliament, Welsh Assembly, Northern Ireland Assembly, with devolved powers) House of Lords Act 1999. First stage in a two-stage process of constitutional reform concerning the House of Lords: but will the second stage happen within this Parliament or the next? 06/12/2018 Constitution and Parliament

Constitution and Parliament No one single document "the Constitution" Constitution made up of statute law common law conventions laws and customs of Parliament European law authoritative texts (Dicey ...) 06/12/2018 Constitution and Parliament

Constitution and Parliament Statute law: Representation of the People Acts (until 1969, when the voting age was lowered to 18) Bill of Rights 1689, Parliament Acts 1911 and 1949 Acts of Union, European law etc 06/12/2018 Constitution and Parliament

Constitution and Parliament Common law: Law based on case law and customs -- unwritten, but having the "binding force of precedent" 06/12/2018 Constitution and Parliament

Constitution and Parliament Conventions Rules not based on law but agreed rules: For example the Queen gives assent to Bills (she has never refused to do so, and indeed no monarch has done so since Queen Anne in 1707) Another example: there is a convention (known as the 'Salisbury' convention) that the Government's manifesto commitments, in the form of Government Bills, are not opposed by the House of Lords. 06/12/2018 Constitution and Parliament

Constitution and Parliament Law and custom of Parliament e.g. speaker remains impartial 06/12/2018 Constitution and Parliament

Constitution and Parliament European law Overrides British statute law 06/12/2018 Constitution and Parliament

Constitution and Parliament Authoritative texts Texts describing correct Parliamentary procedure which are accepted as "rules" which all parties recognise 06/12/2018 Constitution and Parliament

Constitution and Parliament Parliament is sovereign. It can make and unmake laws. Statute law overrides common law. European law overrides British law -- though some people suggest that if there were too great a clash Parliament, which voted to allow Britain into the EU, could vote to pull it out. 06/12/2018 Constitution and Parliament

Constitution and Parliament The "Rule of Law" -- nobody is above the law, and nobody can be punished for doing something which is not against the law. 06/12/2018 Constitution and Parliament

Constitution and Parliament Is Britain's "unwritten Constitution" a "Good Thing" or a "Bad Thing"? Various views: A Good Thing Flexible and adaptable Checks and balances A Bad Thing Civil liberties not formally protected (see for ex current debate on introducing biometric ID cards) 06/12/2018 Constitution and Parliament

Constitution and Parliament Separation of powers Montesquieu: Britain in the 18th century a model of government. Powers separated between the Executive Legislative Judiciary 06/12/2018 Constitution and Parliament

Constitution and Parliament However no such separation of powers really exists Ministers (the Executive) ... practically all sit in Parliament (the Legislative) ... and the lord Chancellor (Justice minister) sits (sat) in the House of Lords and is (was) also leader of the Judiciary 06/12/2018 Constitution and Parliament

Constitution and Parliament Her Majesty's Government Her Majesty's Opposition two-party system (the result of the "first-past-the-post" or "simple majority" electoral system) reflected in a Chamber with two opposing sides 06/12/2018 Constitution and Parliament

Constitution and Parliament http://www.explore.parliament.uk/ 06/12/2018 Constitution and Parliament

Constitution and Parliament http://www.explore.parliament.uk/ 06/12/2018 Constitution and Parliament

Constitution and Parliament http://www.explore.parliament.uk/ 06/12/2018 Constitution and Parliament

Constitution and Parliament http://www.explore.parliament.uk/ 06/12/2018 Constitution and Parliament

Constitution and Parliament http://www.explore.parliament.uk/ 06/12/2018 Constitution and Parliament

Constitution and Parliament http://www.explore.parliament.uk The 2001 election 06/12/2018 Constitution and Parliament

Constitution and Parliament http://www.parliament.uk/works/co2001.cfm The 2005 election 06/12/2018 Constitution and Parliament

Constitution and Parliament Elections: Simple majority (scrutin uninominal à un seul tour) "First past the post" Consequences: Encourages two-party system Usually enables stable government Squeezes out smaller parties 06/12/2018 Constitution and Parliament

Constitution and Parliament Elections: Simple majority (scrutin uninominal à un seul tour) "First past the post" Possible for a party to win a general election with fewer votes than the runner-up (e.g. 1951). 06/12/2018 Constitution and Parliament

Constitution and Parliament 1951 General election results www.ukpolitical.info/1951.htm 06/12/2018 Constitution and Parliament

Constitution and Parliament compare with 1945 ... 06/12/2018 Constitution and Parliament

Constitution and Parliament and see what happened in 1974 (Feb) ... 06/12/2018 Constitution and Parliament

Constitution and Parliament and 1974 (Oct) ... 06/12/2018 Constitution and Parliament

Constitution and Parliament 06/12/2018 Constitution and Parliament

Constitution and Parliament 06/12/2018 Constitution and Parliament

Constitution and Parliament pressure for electoral reform (esp. PR) http://www.electoral-reform.org.uk 06/12/2018 Constitution and Parliament

Constitution and Parliament and 1974 (Oct) ... 06/12/2018 Constitution and Parliament