NationMaster - Encyclopedia: Constitution of the United Kingdom

The Constitution of the United Kingdom is the uncodified body of law and convention under which the United Kingdom is governed. A logo of Her Majestys Government. ... The British monarch or Sovereign is the monarch and head of state of the United Kingdom and its overseas territories, and is the source of all executive, judicial and (as the Queen-in-Parliament) legislative power. ... Elizabeth II (Elizabeth Alexandra Mary Windsor; born 21 April 1926) is Queen of sixteen sovereign states, holding each crown and title equally. ... This article refers to the Commonwealths concept of the monarchys legal authority. ... Her Majestys Most Honourable Privy Council is a body of advisors to the British Sovereign. ... This article does not cite any references or sources. ... The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is, in practice, the political leader of the United Kingdom. ... For others with the same or similar names, see Gordon Brown (disambiguation). ... The Chancellor of the Exchequer is the title held by the British Cabinet minister responsible for all economic and financial matters. ... Alistair Maclean Darling (born November 28, 1953) is a British politician and Chancellor of the Exchequer since June 28, 2007. ... The Secretary of State for Foreign and Commonwealth Affairs (commonly referred to as Foreign Secretary) is a member of the British Government responsible for relations with foreign countries, heading the Foreign and Commonwealth Office (often called simply the Foreign Office). ... David Wright Miliband (born 15 July 1965) is a British politician who is the current Secretary of State for Foreign and Commonwealth Affairs [1] and Member of Parliament for the constituency of South Shields, Tyne and Wear. ... The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office and is responsible for internal affairs in England and Wales, and for immigration and citizenship for the whole United Kingdom (including Scotland and Northern Ireland). ... Jacqueline Jill Smith (born 3 November 1962) is a British politician who has been Home Secretary since 28 June 2007 and is the current Member of Parliament for Redditch, since 1997. ... The Secretary of State for Justice is a United Kingdom cabinet position. ... John Whitaker Straw (born August 3, 1946) is a British Labour Party politician. ... Gordon Brown is currently serving as Prime Minister of the United Kingdom. ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons Michael Martin MP Speaker of the House of Lords HÃ©lÃ¨ne Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist... In the United Kingdom, the State Opening of Parliament is an annual event held usually in October or November that marks the commencement of a session of Parliament. ... This article is about the British House of Lords. ... The Lord Speaker (or Lady Speaker) will be a new position in the British Parliament created once the Constitutional Reform Acts provisions about the Speakership of the House of Lords comes into effect. ... HÃ©lÃ¨ne Valerie Hayman, Baroness Hayman, PC, nÃ©e Middleweek (born 26 March 1949) is a Labour policitian. ... Type Lower House Speaker Michael Martin, (Non-affiliated) since October 23, 2000 Leader Harriet Harman, (Labour) since June 28, 2007 Shadow Leader Theresa May, (Conservative) since May 5, 2005 Members 659 Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn FÃ©in... In the United Kingdom, the Speaker of the House of Commons is the presiding officer of the House of Commons, and is seen historically as the First Commoner of the Land. ... Michael John Martin MP (born 3 July 1945) is the current Speaker of the House of Commons in the United Kingdom. ... The Leader of the House of Commons is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Commons. ... Harriet Ruth Harman QC MP (born 30 July 1950) is a British solicitor (professional legal adviser) and Labour politician. ... Prime Ministers Questions (PMQs) (officially Questions to the Prime Minister) is a constitutional convention in the United Kingdom, where every Wednesday when the House of Commons is sitting the Prime Minister spends half an hour answering questions from Members of Parliament (MPs). In Canada, this convention is known as... Her Majestys Loyal Opposition, or the Official Opposition in the United Kingdom is the largest opposition party in the House of Commons. ... The Leader of the Opposition in the United Kingdom is the politician who leads Her Majestys Most Loyal Opposition. ... For the Canadian ice hockey player, see Dave Cameron. ... The Official Loyal Opposition Shadow Cabinet (normally referred to simply as The Shadow Cabinet) is, in British parliamentary practice, a group of members from Her Majestys Loyal Opposition whose job it is to scrutinise their opposite numbers in government and come up with alternative policies. ... The United Kingdom does not have a single unified judicial system: England and Wales have one system, Scotland another, and Northern Ireland another. ... Schematic of court system for England and Wales The Courts of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they are constituted and governed by the Law of England and Wales and are subordinate to the Parliament of the... The United Kingdom does not have a single unified judicial system â€” England and Wales have one system, Scotland another, and Northern Ireland a third. ... The Courts of Scotland are the civil, criminal and heraldic courts responsible for the administration of justice in Scotland. ... The United Kingdom has a long and established tradition of avowed respect for its subjects human rights. ... The factual accuracy of this article is disputed. ... The Politics of Scotland forms a distinctive part of the wider politics of the United Kingdom, with Scotland one of the constituent countries of the United Kingdom. ... The logo of the Governemnt, incorporating the Saltire. ... For the national legislative body up to 1707, see Parliament of Scotland. ... Politics in Wales forms a distinctive polity in the wider politics of the United Kingdom, with Wales as one of the four constituent countries of the United Kingdom. ... Official logo of the Welsh Assembly Government The Welsh Assembly Government (WAG) (Welsh: , LlCC) was firstly an executive body of the National Assembly for Wales, consisting of the First Minister and his Cabinet from 1999 to 2007. ... Established 1999 by the Government of Wales Act 1998 Presiding Officer Lord Elis-Thomas AM (Plaid) Since May 12, 1999 Deputy Presiding Officer Rosemary Butler AM (Lab) Leader of the House Carwyn Jones AM (Lab) Chief Executive and Clerk to the Assembly Claire Clancy Political parties 6 Welsh Labour (26... // Population 1,685,267 Place of birth Northern Ireland: 1,534,268 (91. ... The Northern Ireland Executive as established by the Northern Ireland Act 1998 is the (currently suspended) executive body for Northern Ireland, answerable to the Northern Ireland Assembly. ... The logo of the Northern Ireland Assembly, a six flowered linen or flax plant. ... see also Politics of the United Kingdom This politics-related article is a stub. ... Regional Assembly is a title which has universally been adopted by the English bodies established as regional chambers under the Regional Development Agencies Act 1998. ... The Greater London Authority (GLA) administers the 1579 kmÂ² (610 sq. ... In Scotland reserved matters, also referred to as reserved powers, are those subjects over which power to legislate is retained by Westminster, as explicitly stated in the Scotland Act 1998. ... The United Kingdom has five distinct types of elections: general, local, regional, European and mayoral. ... The United Kingdom House of Commons is made up of Members of Parliament (MPs). ... This is a list of political parties in the United Kingdom. ... The United Kingdom general election of 2005 was held on Thursday, 5 May 2005. ... Under the provisions of the Parliament Acts of 1911 and 1949, the next United Kingdom general election must be held on or before 3 June 2010, barring exceptional circumstances. ... The United Kingdom (UK) is a major player in international politics, with interests throughout the world. ... The European Union or EU is a supranational and international organization of 27 member states. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... For other uses, see Constitution (disambiguation). ...

The UK has no single codified documentary constitution along the lines of the Constitution of the United States, and so it is often said that the country has an "unwritten constitution".^[1] However, the majority of the British constitution does exist in the written form of statutes, court judgments and treaties. The constitution does have some unwritten sources, including Parliamentary conventions and the royal prerogatives. Indeed, the UK has more unwritten constitutional conventions than other democratic countries, with the exceptions of New Zealand and Israel. Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... Case law (also known as decisional law) is that body of reported judicial opinions in countries that have common law legal systems that are published and thereby become precedent, i. ... This may refer to the: British Houses of Parliament. ... The Royal Prerogative is a body of customary authority, privilege, and immunity, recognised in common law jurisdictions possessing a monarchy as belonging to the Crown alone. ... A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ...

The bedrock of the British constitution has traditionally been the doctrine of parliamentary supremacy or parliamentary sovereignty, according to which the statutes passed by Parliament are the UK's supreme and final source of law. It follows that Parliament can change the constitution simply by passing new Acts of Parliament. However, the continuing validity of the orthodox doctrine of parliamentary supremacy has been questioned. Britain's membership of the European Union has integrated her into a "new legal order" in which Parliament is arguably no longer the nation's final authority.^[2] Changing attitudes may also be seen among the judiciary: for example, the judgments of the Court of Appeal and the House of Lords in the Jackson litigation arising out of the Hunting Act 2004 indicate that senior judges may no longer necessarily be prepared to view Acts of Parliament as sacrosanct.^[3] Parliamentary sovereignty or Parliamentary supremacy is the concept in British constitutional law that a parliament has sovereignty. ... Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. ... Court of Appeals is the title of certain appellate courts in various jurisdictions. ... This article is about the British House of Lords. ... The Hunting Act 2004 is an Act in the United Kingdom passed in 2004. ...

A significant number of Britons support the introduction of a codified written constitution, though the issue is not seen in the UK as being one of very great importance. Support for a written constitution has been associated in particular with the Liberal Democrat political party and the pressure group Charter 88, though recently senior Labour government figures, including Gordon Brown and Jack Straw, have indicated that they are receptive to the idea. The Liberal Democrats, often shortened to Lib Dems, is a liberal political party in the United Kingdom formed in 1988 by the merger of the Liberal Party and the Social Democratic Party; the two parties had already been in an alliance for seven years prior to this, since not long... Charter 88 was formed by progressive (mainly liberal and social democratic) British intellectuals and activists in 1988. ... For others with the same or similar names, see Gordon Brown (disambiguation). ... For other uses, see Jack Straw (disambiguation). ...

Sources

Acts of Parliament

Acts of Parliament are laws (statutes) that have received the approval of the Sovereign, the House of Lords (in most cases), and the House of Commons. It is unheard-of in modern times for the Sovereign to refuse to assent to a bill passed by the two Houses, though the possibility was reportedly contemplated in relation to the Irish Home Rule Act 1914. An Act of Parliament or Act is law enacted by the parliament (see legislation). ... The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... This article is about the British House of Lords. ... British House of Commons Canadian House of Commons The House of Commons is the elected lower house of the bicameral parliament in the United Kingdom and Canada. ... The Home Rule Act of 1914, also known as the (Irish) Third Home Rule Act (or Bill), and formally known as the Government of Ireland Act 1914 (4 & 5 Geo. ...

Acts of Parliament are among the most important sources of the constitution. According to the traditional view, Parliament has the ability to legislate however it wishes on any subject it wishes. For example, most of the iconic mediaeval statute known as Magna Carta has been repealed since 1828. It has traditionally been the case that the courts are barred from questioning any Act of Parliament, a principle that can be traced back to the mediaeval period.^[4] On the other hand, this principle has not been without its dissidents and critics over the centuries, and attitudes among the judiciary in this area may be changing.^[5] This article is about the English charter issued in 1215. ... An Act of Parliament or Act is law enacted by the parliament (see legislation). ...

Treaties

Treaties do not, on ratification, automatically become incorporated into UK law, though they are still binding on the United Kingdom in international law. Important treaties have, however, been incorporated into domestic law by means of Acts of Parliament. This applies in particular to the treaties associated with the European Union and its predecessors, a process that started with the European Communities Act 1972. A treaty is a binding agreement under international law concluded by subjects of international law, namely states and international organizations. ... European Communities Act 1972 can refer to: An act passed in the United Kingdom: see European Communities Act 1972 (UK) An act passed in the Republic of Ireland: see European Communities Act 1972 (Ireland) This is a disambiguation page — a navigational aid which lists other pages that might otherwise share...

The European Convention on Human Rights has also to a considerable extent been incorporated into domestic law through the Human Rights Act 1998. â€œECHRâ€ redirects here. ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ...

EU law

In 1963, the European Court of Justice ruled in the case of Van Gend en Loos that the European Economic Community (as it then was) represented a "new legal order" over and above the domestic legal systems of its Member States. When the UK joined the EEC in 1973, it became part of that legal order -- though the fact that British integration with the EU has been brought about through Acts of Parliament raises the possibility that Parliament could, as a matter of British law, pass further legislation unilaterally withdrawing the UK from the Union, or selectively barring the application of European law within the UK. The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... Official emblem of the ECJ The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court in the European Union (EU). ...

Common Law

As the United Kingdom uses the common law legal system, precedents established by judges also form a source of the constitution. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

Conventions

Many British constitutional conventions are ancient in origin, though others (like the Salisbury Convention) date from within living memory. Such conventions, which include the duty of the Sovereign to act on the advice of his or her ministers, are not formally enforceable in a court of law; rather, they are primarily observed "because of the political difficulties which arise if they are not."^[6] A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ... A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ... The Salisbury Convention is a constitutional convention in the United Kingdom that means that the House of Lords will not oppose any government legislation promised by its election manifesto. ... This article is about courts of law. ...

Royal Prerogative

The royal prerogative is the collective name for a collection of powers belonging to the Sovereign which have no statutory basis. In practice, by convention, most of the prerogatives are now directly exercised by ministers, or at any rate on the advice of ministers. The Royal Prerogative is a body of customary authority, privilege, and immunity, recognised in common law jurisdictions possessing a monarchy as belonging to the Crown alone. ... The Royal Prerogative is a body of customary authority, privilege, and immunity, recognised in common law jurisdictions possessing a monarchy as belonging to the Crown alone. ...

The precise extent of the royal prerogative has never formally been delineated, but it includes the following powers:

The most important prerogative still personally exercised by the Sovereign is considered to be the appointment and dismissal of Prime Ministers. The last time this reserve prerogative was exercised by the monarch without reference to the Cabinet was with the appointment of Harold Wilson as Prime Minister in February 1974, despite his party not having a majority in the House of Commons. Queen Elizabeth II exercised her prerogative after extensive consultation with the Privy Council. The Roman civil service in action. ... James Harold Wilson, Baron Wilson of Rievaulx, KG, OBE, FRS, PC (11 March 1916 â€“ 24 May 1995) was one of the most prominent British politicians of the 20th century. ... Elizabeth II (Elizabeth Alexandra Mary Windsor; born 21 April 1926) is Queen of sixteen sovereign states, holding each crown and title equally. ... A privy council is a body that advises the head of state of a nation, typically in a monarchy. ...

The Royal Prerogative is not unlimited; this was established in the Case of Proclamations (1611), which confirmed that no new prerogative can be created and that Parliament can abolish individual prerogatives.

Works of authority

Works of authority is the formal name for works that are sometimes cited as interpretations of aspects of the UK constitution. Most are works written by nineteenth- or early-twentieth-century constitutionalists, in particular A.V. Dicey, Walter Bagehot and Erskine May. Works of authority in the British constitution are books written by constitutional theorists that are considered part of the constitution. ... Works of authority in the British constitution are books written by constitutional theorists that are considered part of the constitution. ... Albert Venn Dicey (February 4, 1835 – April 7, 1922) was a British jurist and constitutional theorist who wrote An Introduction to the Study of the Law of the Constitution (1885). ... Walter Bagehot (3 February 1826 â€“ 24 March 1877), IPA (see [[1]]), was a nineteenth century British economist. ... Thomas Erskine May, 1st Baron Farnborough Thomas Erskine May, 1st Baron Farnborough (1815â€“1886) was a British constitutional theorist. ...

Flexibility

Unlike France, Ireland, the United States and many other countries, the United Kingdom has never been presented, in the post-Enlightenment period, with the need or opportunity of devising a new constitutional settlement from scratch. The UK's last serious constitutional upheaval was the "Glorious Revolution" of 1688-89, and the UK's last approximation to a written and codified constitution was the Cromwellian "Humble Petition and Advice" (1657-1660). Look up enlightenment, Enlightenment in Wiktionary, the free dictionary. ... The Glorious Revolution, also called the Revolution of 1688, was the overthrow of King James II of England (VII of Scotland) in 1688 by a union of Parliamentarians and the Dutch stadtholder William III of Orange-Nassau (William of Orange), who as a result ascended the English throne as William... This article or section does not cite its references or sources. ...

The fact that the modern British constitution has emerged from an "organic" process of evolution dating back to the Middle Ages, rather than through revolution and by design, has given it (according to one's perspective) either a valuable flexibility or a dangerous looseness. On the one hand, its loose texture arguably makes it responsive to political and social change, especially since many of its principles are simply conventions. On the other hand, the absence of mechanisms for entrenchment means that far-reaching changes could in theory be made without popular support. The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times, beginning with the Renaissance. ... -1...

Until recently, there was no modern statute or document that attempted to codify the rights of citizens (e.g. freedom of speech), in part because of the doctrine of negative rights, under which Britons were simply deemed to enjoy the right to do anything that was not specifically prohibited. The introduction of the European Convention on Human Rights in 1950 was held to have limited consequences for British law, since the rights protected by the Convention were said already to be protected by British common law -- a stance which can be seen either as reflecting the high status of civil rights in the UK or as evidencing an unjustified degree of complacency. The Convention became directly enforceable in the British courts under the Human Rights Act 1998, though the courts are still not permitted directly to invalidate statutes that conflict with its provisions. This article is about the general concept. ... A Negative right is a right, either moral or decreed by law, to not be subject to an action of another (usually abuse or coercion) so that restraint is incumbent upon another, as opposed to a positive right which is a right to be provided with something by the positive... â€œECHRâ€ redirects here. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ...

Key principles

The key principles of the constitution are its underlying features. The two most important principles of the British constitution were first established to exist as the "twin pillars" of the constitution by A.V. Dicey, in his work An Introduction to the Study of the Law of the Constitution (1885). They are that the constitution is built on the twin equal principles of Parliamentary sovereignty and the rule of law. The former means that Parliament is the supreme law-making body; it alone can make legislation on a national level. This is an ancient principle, and can be traced clearly from the Restoration, and before. The latter is the principle of equal application of the law: 'everyone is equal before the law'. Although the theory is certainly ancient – from the Magna Carta, 1215 – in practice equal application of the law to every subject or citizen in the state only seriously developed from the nineteenth century. Dicey's "twin pillars" interpretation is a legalistic interpretation, and has been criticised by commentators writing about the decline of Parliament's independence and the dominance of the executive in policy making. Though political interpretations of the UK constitution have changed much since Dicey's era, there is no consensus on an alternative legal interpretation. Albert Venn Dicey (February 4, 1835 â€“ April 7, 1922) was a British jurist and constitutional theorist who wrote An Introduction to the Study of the Law of the Constitution (1885). ... 1885 (MDCCCLXXXV) is a common year starting on Thursday of the Gregorian calendar (or a common year starting on Saturday of the 12-day slower Julian calendar). ... Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. ... The Politics series Politics Portal This box: The rule of law, in its most basic form, is the principle that no one is above the law. ... For other uses, see Restoration. ... This article is about the English charter issued in 1215. ... A certified copy of the Magna Carta March 4 - King John of England makes an oath to the Pope as a crusader to gain the support of Innocent III. June 15 - King John of England was forced to put his seal on the Magna Carta, outlining the rights of landowning...

Another important principle is the concept of a unitary state, which is a corollary of Parliamentary sovereignty, and means that unlike in federal or confederal systems, sovereignty resides only at the centre of the state. The power of local and devolved bodies are totally dependent on Acts of Parliament, they could be abolished completely by Parliament if it wished. A map showing the unitary states. ... A map displaying todays federations. ... This article needs cleanup. ...

Constitutional monarchy is a key principle, meaning that although the monarch technically rules, in practice she does not, but instead has a ceremonial role only. This principle traces from Restoration, and by the time Walter Bagehot wrote that the monarchy was the 'dignified parts' of the constitution, the modern situation had been established. However, this is tempered by the fact that Parliament technically derives its authority from the Crown by the implicit consent of the monarch. Forms of government Part of the Politics series Politics Portal This box: A constitutional monarchy or limited monarchy is a form of government established under a constitutional system which acknowledges an elected or hereditary monarch as head of state, as opposed to an absolute monarchy, where the monarch is not... For other uses, see Restoration. ...

The most recent major principle of the constitution is European Union membership, the principle that EU law takes precedence over UK law. This principle was famously identified in the Factortame case in which the Merchant Shipping Act 1988 was overturned. This appears to undermine the principle of Parliamentary sovereignty, but Parliament could still withdraw from the EU by repealing the European Communities Act 1972 so in a way Parliamentary sovereignty is preserved. This principle was confirmed in the 2002 case of Thoburn v Sunderland City Council, in which the court ruled that a European Union directive passed in accordance with the European Communities Act of 1972 superseded the conflicting Weights and Measures Act of 1985, due to the special status of the European Communities Act as a "constitutional" rather than an "ordinary" statute.^[7] The Factortame case was a landmark constitutional case in the United Kingdom, which confirmed the primacy of European Union law over English law. ... The European Communities Act (1972 c. ... Thoburn v Sunderland City Council [2002] EWHC 195 is a vital case in constitutional and administrative law in the United Kingdom. ...

Summary list

Albert Venn Dicey (February 4, 1835 – April 7, 1922) was a British jurist and constitutional theorist who wrote An Introduction to the Study of the Law of the Constitution (1885). ... Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. ... For other uses, see Restoration. ... The Politics series Politics Portal This box: The rule of law, in its most basic form, is the principle that no one is above the law. ... A map showing the unitary states. ... Forms of government Part of the Politics series Politics Portal This box: A constitutional monarchy or limited monarchy is a form of government established under a constitutional system which acknowledges an elected or hereditary monarch as head of state, as opposed to an absolute monarchy, where the monarch is not... EU redirects here. ...

Government and Parliament

The British constitution is parliamentary in character, and the executive ("Her Majesty's Government") is drawn from the legislature, Parliament. The doctrine of separation of powers is not as prominent in the British constitution as it is elsewhere. A parliamentarian is a specialist in parliamentary procedure. ... A logo of Her Majestys Government. ... The House of Representatives Chamber of the Parliament of Australia in Canberra. ... The Politics series Politics Portal This box: Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...

Since the Government is "fused" with Parliament, and virtually every government has a majority, there is no formal restraint on the legislative power of the executve. This is broken only if Members of Parliament vote against a government bill, which, due to a strong whip system, happens extremely rarely -- the two most recent such votes occurred in 1986 and 2005. The phrase elective dictatorship was coined by former Lord Chancellor Quintin Hogg in 1976 to highlight the enormous potential power of government afforded by the constitution^[8]. This problem (if it is regarded as such) is relatively recent in its historical origin, since Parliament previously functioned (for example, after the "Glorious Revolution" of 1688-89) as a brake on the power of the monarch, who at that time was an independent political actor in his or her own right. A Member of Parliament, or MP, is a representative elected by the voters of an electoral district to a parliament; in the Westminster system, specifically to the lower house. ... In politics, a whip is a member of a political party in a legislature whose task is to ensure that members of the party attend and vote as the party leadership desires. ... The phrase elective dictatorship (also called executive dominance in political science) was coined by the former Lord Chancellor of the United Kingdom, Quintin Hogg, Baron Hailsham of St Marylebone, in a Richard Dimbleby Lecture at the BBC in 1976[1]. It describes the state in which Parliament is dominated by... The Lord High Chancellor of Great Britain, or Lord Chancellor and prior to the Union the Chancellor of England and the Lord Chancellor of Scotland, is a senior and important functionary in the government of the United Kingdom, and its predecessor states. ... Quintin McGarel Hogg, Baron Hailsham of St Marylebone, KG, CH, PC, QC (9 October 1907 â€“ 12 October 2001), formerly 2nd Viscount Hailsham (1950â€“1963), was a British judge and Conservative politician. ... This article needs additional references or sources for verification. ... The Glorious Revolution, also called the Revolution of 1688, was the overthrow of King James II of England (VII of Scotland) in 1688 by a union of Parliamentarians and the Dutch stadtholder William III of Orange-Nassau (William of Orange), who as a result ascended the English throne as William...

In practice, some principles and elements of the constitution, such as the rule of law, are so ancient and ingrained in the UK's political culture that they would be extremely difficult to abolish. Parliamentary sovereignty and the rule of law have been widely considered the most important principles of the constitution since the nineteenth century, and attempts to substantially circumvent them would likely be met with backlash by the electorate, or even the monarch (who appears to retain certain reserve powers). The Politics series Politics Portal This box: The rule of law, in its most basic form, is the principle that no one is above the law. ... For other uses, see Monarch (disambiguation). ... A reserve power is a power that may be exercised by the head of state of a country in certain exceptional circumstances. ...

Disputes about the nature of the UK Constitution

While some assert that the UK does not have a constitution, the vast majority of theorists^{[attribution needed]} describe the 1688 compromise between crown and parliament as a constitution, which is the basis of the textbook view described in this article. The legal scholar Eric Barendt argues that the uncodified nature of the United Kingdom constitution does not mean it should not be characterised as a "constitution", but also claims that the lack of an effective separation of powers, and the fact that parliamentary sovereignty allows Parliament to overrule fundamental rights, makes it to some extent a 'facade' constitution.^[9] The Politics series Politics Portal This box: Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. ...

In one article, Lord Scarman presents a spirited argument for a written constitution for the UK, but still refers to the 1688 compromise and resulting acts of parliament as a constitution.

The UK Constitution has no fundamental written source, and is ever changing. It relies much on unwritten convention. Dicey himself identified that ultimately "the electorate are politically sovereign," and Parliament is legally sovereign. 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.^[9] A Constitution would impose limits on what Parliament could do without a legal majority. 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). Type Lower House Speaker Michael Martin, (Non-affiliated) since October 23, 2000 Leader Harriet Harman, (Labour) since June 28, 2007 Shadow Leader Theresa May, (Conservative) since May 5, 2005 Members 659 Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn FÃ©in...

It has been claimed that the unwritten British Constitution is a refusal by people in power to communicate to those subject to that power the extent of that power and the rights available to prevent and/or effectively remedy the abuse of that power. Consequently, it is contended, that the unwritten British constitution constitutes a conspiracy against the British public.^[10]^[11] This is not a widely-held view.

Key statutes and conventions

One consequence of the principle of parliamentary sovereignty is that there is no hierarchy among Acts of Parliament: all parliamentary legislation is, in principle, of equal validity and effectiveness. However, the judgment of Lord Justice Laws in the Thoburn case in 2002 indicated that there may be a special class of "constitutional statutes" such as Magna Carta and the Human Rights Act 1998 which have a higher status than other legislation. This part of his judgment was "obiter" (i.e. not binding) -- and, indeed, was not uncontroversial. It remains to be seen whether the doctrine will be accepted by other judges. Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. ... The Right Honourable Sir John Grant McKenzie Laws (born May 10, 1945), styled Lord Justice Laws, has been a Lord Justice of the Court of Appeal of England and Wales since 1999, at which time he was also, as is customary for Lords Justices of Appeal, sworn of the Privy... Thoburn v Sunderland City Council [2002] EWHC 195 is a vital case in constitutional and administrative law in the United Kingdom. ... This article is about the English charter issued in 1215. ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ... In law, the term dicta is used to refer to a judges statement of legal opinion that is not directly relevant to the case being heard. ...

Selected key statutes

This article is about the English charter issued in 1215. ... A certified copy of the Magna Carta March 4 - King John of England makes an oath to the Pope as a crusader to gain the support of Innocent III. June 15 - King John of England was forced to put his seal on the Magna Carta, outlining the rights of landowning... The Habeas Corpus Act 1679 is an English statute passed during the reign of King Charles II to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained can be ordered to be produced before a court of law. ... English Bill of Rights (1689). ... The Claim of Right is an Acts of Parliament passed by the old Scottish Parliament in April 1689. ... Year 1689 (MDCLXXXIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Tuesday of the 10-day slower Julian calendar). ... This article is about the country. ... Act of Settlement The Electress Sophia of Hanover The Act of Settlement (12 & 13 Wm 3 c. ... The Acts of Union were twin Acts of Parliament passed in 1707 (taking effect on 26 March) by the Parliament of England and the Parliament of Scotland. ... Motto Dieu et mon droit(French) God and my right Territory of the Kingdom of England Capital Winchester; London from 11th century Language(s) Old English (de facto, until 1066) Anglo-Norman language (de jure, 1066 - 15th century) English (de facto, gradually replaced French from late 13th century) Government Monarchy... Motto Latin: Nemo me impune lacessit (English: No one provokes me with impunity) (Scots: Wha daur meddle wi me) Capital EdinburghÂ¹ Language(s) Gaelic, Scots Government Monarchy King/Queen - 843-860 Kenneth I - 1587â€“1625 James VI - 1702-1714 Anne Legislature Parliament of Scotland History - United 843 - Union of the... For an explanation of terms such as Scotland, Wales, England, (Great) Britain and United Kingdom, see British Isles (terminology). ... The phrase Act of Union 1800 (or sometimes Act of Union 1801) (Irish: Acht an Aontais 1800) is used to describe two complementary Acts[1] whose official United Kingdom titles are the Union with Ireland Act 1800 (1800 c. ... This article is about the historical state called the United Kingdom of Great Britain and Ireland (1801â€“1927). ... The Representation of the People Act 1832, commonly known as the Reform Act 1832, was an Act of Parliament that introduced wide-ranging changes to the electoral system of the United Kingdom. ... Contemporary cartoon of Disraeli outpacing Gladstone. ... In the United Kingdom, The Representation of the People Act of 1884 (48 Vict. ... Passing of the Parliament Bill, 1911, from the drawing by S. Begg The Parliament Acts are two Acts of Parliament of the United Kingdom, passed in 1911 and 1949. ... The Representation of the People Act 1918 widened suffrage by abolishing practically all property qualifications for men and by enfranchising women over 30 who met minimum property qualifications. ... An Act to Provide for the Better Government of Ireland, more usually the Government of Ireland Act, 1920 (this is its official short title; the formal citation is 10 & 11 Geo. ... The Irish Free State (Agreement) Act 1922 (12 & 13 Geo. ... The Irish Free State Constitution Act 1922 was an Act of the Parliament of the United Kingdom, passed in 1922. ... The Irish Free State (Consequential Provisions) Act 1922 was an Act of the Parliament of the United Kingdom, passed in 1922. ... Passed on April 12, 1927, the Royal and Parliamentary Titles Act 1927 () was an Act of Parliament of the United Kingdom that formed a significant landmark in the constitutional history of the UK and British Empire as a whole. ... The Representation of the People Act 1928 is an act of parliament of the United Kingdom. ... This article is about the Statute of Westminster relating to the British Empire and its dominions. ... The 1949 Representation of the People Act was an Act of the Parliament of the United Kingdom. ... The Life Peerages Act 1958 established the modern standards for the creation of Life Peers by the monarch of the United Kingdom, and granted them non-hereditary voting status in the House of Lords. ... The Representation of the People Act 1969 increased suffrage to 18 year olds. ... The European Communities Act (1972 c. ... The Northern Ireland Constitution Act was an Act of the Parliament of the United Kingdom, passed in 1973 to replace the previous system established by the Local Government (Ireland) Act 1898. ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ... The Scotland Act 1998 is an Act of the Parliament of the United Kingdom at Westminster. ... The Government of Wales Act, 1998 (1998 c. ... The Northern Ireland Act 2006 (2006 c. ... The House of Lords Act 1999, an Act of Parliament passed by the British Parliament, was a major constitutional enactment as it reformed greatly one of the chambers of Parliament, the House of Lords (see Lords Reform). ... Freedom of Information logo See Freedom of information in the United Kingdom for a general discussion of freedom of information legislation throughout the United Kingdom. ... The Constitutional Reform Act 2005 (2005 c. ... The Government of Wales Act 2006 is an Act of the Parliament of the United Kingdom. ...

Some important conventions

This article is about the monarchy of the United Kingdom, one of sixteen that share a common monarch; for information about this constitutional relationship, see Commonwealth realm; for information on the reigning monarch, see Elizabeth II. For information about other Commonwealth realm monarchies, as well as other relevant articles, see... // The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons Michael Martin MP Speaker of the House of Lords HÃ©lÃ¨ne Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist... Anne Queen of Great Britain and Ireland Anne (6 February 1665–1 August 1714), became Queen of England and Scotland on 8 March 1702. ... The Scottish Militia Bill is the usual name given to a bill that was passed by the House of Commons and House of Lords of the Parliament of Great Britain in spring 1708, but vetoed by Queen Anne for fear that the proposed militia created would be disloyal. ... The Parliament of the United Kingdom, by law, is dissolved after a five year term. ... Type Lower House Speaker Michael Martin, (Non-affiliated) since October 23, 2000 Leader Harriet Harman, (Labour) since June 28, 2007 Shadow Leader Theresa May, (Conservative) since May 5, 2005 Members 659 Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn FÃ©in... This article is about the British House of Lords. ... A caretaker is a term mainly used in the United Kingdom, meaning a concierge or janitor. ... The Salisbury Convention is a constitutional convention in the United Kingdom that means that the House of Lords will not oppose any government legislation promised by its election manifesto. ... In the Westminster System ministerial responsibility is the notion that a cabinet minister bears the ultimate responsibility for the actions of their ministry. ... Collective responsibility is a principle of British Cabinet Government in which the members of the Cabinet must support all Governmental decisions made in Cabinet, even if they do not privately agree with them. ...

Recent constitutional reform

The Labour government under Prime Minister Tony Blair instituted sweeping constitutional reforms in the late 1990s and early-to-mid 2000s. The effective incorporation of the European Convention on Human Rights into UK law through the Human Rights Act 1998 has granted citizens specific positive rights and given the judiciary some power to enforce them. The courts can put pressure on Parliament to amend primary legislation that conflicts with the Act by means of "Declarations of Incompatibility", and can refuse to enforce, or "strike down", any incompatible secondary legislation. Any actions of government authorities that violate Convention rights are illegal except if mandated by an Act of Parliament. The Labour Party is a political party in the United Kingdom. ... The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is, in practice, the political leader of the United Kingdom. ... For other people of the same name, see Tony Blair (disambiguation) Anthony Charles Lynton Blair (born May 6, 1953)[1] is the Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service, Leader of the Labour Party, and Member of Parliament for the constituency... â€œECHRâ€ redirects here. ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ... Primary legislation is legislation made by the legislative branch of government. ... Delegated legislation (sometimes referred to as secondary legislation or subordinate legislation) is law made by ministers under powers given to them by parliamentary acts (primary legislation) in order to implement and administer the requirements of the acts. ...

Recent reforms have also decentralised the UK by setting up a devolved parliament in Scotland and assemblies in Wales and Northern Ireland. The UK had previously been an essentially unitary state since its foundation in 1801, though Scotland had always had a separate legal system and Ireland had repeatedly been subject to attempts to devolve power from London. Some commentators have stated the UK is now a "quasi-federal" state: it is only "quasi" federal, because (unlike the other components of the UK) England has no legislature of its own, and is directly ruled from Westminster. Attempts to extend devolution to the various regions of England have stalled, and the fact that Parliament functions both as a British and as an English legislature has created some dissatisfaction (see, for example, the article on the "West Lothian question"). A map showing the unitary states. ... For theological federalism, see Covenant Theology. ... The West Lothian question was a question posed on 14 November 1977 by Tam Dalyell, Labour Member of Parliament (MP) for the Scottish constituency of West Lothian, during a British House of Commons debate over Scottish and Welsh devolution (see Scotland Act 1978 and Wales Act 1978): For how long...

These reforms have undermined the concept of Parliamentary sovereignty somewhat, even though Parliament could still abolish the devolved assemblies and repeal the Human Rights Act. In reality such action is unlikely so these restrictions on the legislative power of Parliament are likely to remain on the statute book for the time being.

The passing of an unprecedented Freedom of Information Act has challenged the traditional British notion that governments should not disclose too many details of their operations.

Recent changes also include the Constitutional Reform Act 2005 which alters the structure of the House of Lords to separate its judicial and legislative functions. For example the legislative, judicial and executive functions of the Lord Chancellor are now shared between the Lord Chancellor (executive), Lord Chief Justice (judicial) and the newly created post of Lord Speaker (legislative). The presence of Law Lords (members of the judiciary) in the House of Lords, will be removed by moving the Lords to the new Supreme Court of the United Kingdom by 2009. The Constitutional Reform Act 2005 (2005 c. ... The Lord High Chancellor of Great Britain, or Lord Chancellor and prior to the Union the Chancellor of England and the Lord Chancellor of Scotland, is a senior and important functionary in the government of the United Kingdom, and its predecessor states. ... The Lord Chief Justice of England and Wales is the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, and the presiding judge of Criminal Division of the Court of Appeal, and of the Queens Bench Division of the High Court. ... The Lord Speaker (or Lady Speaker) will be a new position in the British Parliament created once the Constitutional Reform Acts provisions about the Speakership of the House of Lords comes into effect. ... The Supreme Court of the United Kingdom will be created under the provisions of the Constitutional Reform Act 2005 to take over the judicial functions of the Law Lords in the House of Lords and from the Judicial committee of the Privy Council. ...

Contents

Sources

Acts of Parliament

Treaties

EU law

Common Law

Conventions

Royal Prerogative

Works of authority

Flexibility

Key principles

Summary list

Government and Parliament

Disputes about the nature of the UK Constitution

Key statutes and conventions

Selected key statutes

Some important conventions

Recent constitutional reform

See also

Notes

External links

References

Contents

Sources GA_googleFillSlot("encyclopedia_square");

Acts of Parliament

Treaties

EU law

Common Law

Conventions

Royal Prerogative

Works of authority

Flexibility

Key principles

Summary list

Government and Parliament

Disputes about the nature of the UK Constitution

Key statutes and conventions

Selected key statutes

Some important conventions

Recent constitutional reform

See also

Notes

External links

References

Sources