Презентация Microsoft PowerPoint.pptx
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The constitution of the United Kingdom is the sum of laws and principles that make up the body politics of the United Kingdom. It concerns both the relationship between the individual and the state, and the functioning of the legislature, the executive and judiciary. Unlike many other nations, the UK has no single constitutional document. This is sometimes expressed by stating that it has an uncodified or "unwritten" constitution. ] Much of the British constitution is embodied in written documents, within statutes, court judgments, works of authority and treaties. The constitution has other unwritten sources, including parliamentary constitutional conventions.
Since the Glorious Revolution in 1688, the bedrock of the British constitution has traditionally been the doctrine of 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. There is some debate about whether this principle remains valid, particularly in light of the UK's membership in the European union.
Characteristic features of the constitution of Great Britain, according to M. V. Baglaya , are those facts that 1. The British constitution is England, uniform for the United Kingdom, Wales, Scotland Northern Ireland; 2. The British constitution is unwritten. Absence of the uniform handwritten text allows to speak about three components of the British constitution: Statute right (Statute Law); General law (Common Law); Constitutional agreements (Constitutional conventions). Respectively sources of the constitutional norms are: statutes; judicial precedents; constitutional agreements. The general impact on formation of these sources was had and render works of authoritative lawyers; 3. The constitution of Great Britain is the "flexible" constitution as in the English right there is no distinction between the "constitutional" and "current" law. The general order of acceptance and change of parliamentary laws which can't be revised by courts works or appear unconstitutional.
Parlamentary statuets These are laws wich affect the Constitution. An example would be the Scotland Act 1998 which established a legislative and tax raising parliament in Scotland. Most laws are not statute law because they do not have a bearing on the Constitution.
Over the past century there have been a number of Acts of Parliament on major constitutional subjects that, taken together, could be viewed as creating a tier of constitutional legislation, albeit patchy in their range and with no special status or priority in law. They include:
* 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.
Conventions An unwritten rule which has such wide spread acceptance that they are not challenged. The powers of the Prime Minister are based on the convention that the prerogative powers of the monarch are exercised on her behalf by the Prime Minister.
Historical Principles These have been established over a long period of time and thus have become binding the sovereignty of parliament , parliamentary government – authority of the government is drawn from Parliament and not the people , rule of law.
Common Law Development of laws through historical usage and tradition right of free movement and peaceful protest and freedom from arbitrary arrest. For the most part civil rights are now codified in the HRA. The prerogative powers of the PM are common law powers as never codified or put into formal legislation.
Tradition Proceclures of both House Parliament are traditional e. g rules or debate
In 2004, a Joint Committee of the House of Commons and the House of Lords discussed that "the fundamental parts of constitutional law could be taken to include the following statutes": Magna Carta 1215 — clauses 1, 9, and 29, as enumerated in 1297, remain in statute; asserts the freedom of the English church, the liberties of the City of London among others, and establishes the right to due process Bill of Rights 1689 — secures parliamentary supremacy over the monarch, the result of the Glorious Revolution
Magna Carta (Latin for "the Great Charter"), also called Magna Carta Libertatum (Latin for "the Great Charter of the Liberties"), is a charter agreed by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury to make peace between the unpopular King and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations onfeudal payments to the Crown, to be implemented through a council of 25 barons.
The Bill of Rights is an Act of the Parliament of England that deals with constitutional matters and lays out certain basiccivil rights. Passed on 16 December 1689, it is a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in February 1689, inviting them to become joint sovereigns of England.
Since then, the following statues of a constitutional nature have become law: Constitutional Reform Act 2005 — creates the Supreme Court of the United Kingdom and guarantees judicial independence Constitutional Reform and Governance Act 2010— reforms the Royal Prerogative and makes other significant changes Fixed-term Parliaments Act 2011— introduces fixed-term parliaments of 5 years Succession to the Crown Act 2013 — alters the laws of succession to the British throne General constitutional principles