COSTITUTION OF THE UNITED KINGDOM What is the

COSTITUTION OF THE UNITED KINGDOM

What is the costitution of the United Kingdom? Acts of Parliament Treaties EU law Common law Conventions Royal prerogative Works of authority

What is the costitution of the United Kingdom? The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.

There is a big difference between the British costitution and those of the others nations: the UK has no single constituition (“unwritten” or de facto costituition). The British costitution has: written form of statutes, court judgments and Treaties unwritten sources, including parliamentary constitutional conventions and the royal prerogatives.

The British constitution has traditionally been the doctrine of Parliamentary sovereignty: the statutes passed by Parliament are the UK's supreme and final source of law. When the UK became membership of the European Union, it has to apply all EU law in common with other members (the European Communities Act 1972). Changing attitudes may also be seen among the judiciary.

ACTS OF PARLIAMENT Acts of Parliament are laws or statutes that have received the approval of Parliament (the Sovereign, the House of Lords and the House of Commons). They are the most important sources of the constitution.

TREATIES Treaties don’t automatically become incorporated into UK law, though they are still binding on the UK in international law. Important treaties have been incorporated into domestic law by means of Acts of Parliament.

EU LAW § EU law appears as simply a subcategory of international law that depends for its effect on a series of international treaties § EU law represents a new legal regime which is different from other forms of international law and which takes precedence over the internal legal and constitutional arrangements of member states.

COMMON LAW The United Kingdom uses the common law and civil law legal systems, court judgments also commonly form a source of the constitution.

CONVENTIONS Many British constitutional conventions are ancient in origin. Such conventions aren’t formally enforceable in a court of law: they are primarily observed "because of the political difficulties which arise if they are not. "

ROYAL PREROGATIVE The royal prerogative is the collective name for a collection of powers belonging to the Sovereign which have no statutory basis. The Royal Prerogative is not unlimited: the Case of Proclamations (1611) confirmed that no new prerogative can be created and that Parliament can abolish individual prerogatives.

The extent of the royal prerogative has never been delineated, but it includes the following powers: § The power to make war and peace § The power to summon, prorogue and dissolve Parliament § The power to regulate the Civil Service § The power to ratify treaties § The power to issue passports.

WORKS OF AUTHORITY Works of authority are works that are sometimes cited as interpretations of aspects of the UK constitution, written by nineteenth- or early-twentieth-century constitutionalists.

Flexibility The modern British constitution: § Emerged from a process of evolution. § It is responsive to political and social change. § Changes could in theory be made without popular support. § No modern statute or document that attempted to codify the rights of citizens.

Key principles § Parliamentary supremacy and the rule of law. § Unitary state. § Constitutional monarchy.

Parliamentary supremacy and the rule of law A. V. Dicey wrote of the "twin pillars" of the British constitution: 1. The principle of Parliamentary sovereignty. 2. The rule of law everyone is equal before the law.

Unitary state § The UK is a unitary state rather than a federation or a confederation. § The authority of local and devolved bodies are dependent on Acts of Parliament, and they can in principle be abolished at the will of the UK Parliament in London.

Constitutional monarchy The Queen reigns, but she does not rule

Government and Parliament The Government is "fused" with Parliament: there is no formal restraint on the legislative power of the executive. BUT Some principles of the constitution would be extremely difficult to abolish because they are so ancient in the UK's political culture.

Disputes about the nature of the UK Constitution § The UK does not have a constitution, it can be considered a compromise between crown and parliament. § A Constitution would impose limits on the power of the Parliament. § Proponents of a codified constitution argue it would strengthen the legal protection of democracy and freedom.

Definition of English Constitution § The English Constitution is a book written in 1867 by Walter Bagehot § The book became a standard work which was translated into several languages § Bagehot explores the functioning of Parliament and the British monarchy and the contrasts between British and American government.

Characteristics 1. It defined the rights and role of a monarch vis-à-vis, a government as three-fold: • The right to be consulted • The right to advise • The right to warn 2. The constitution is organized into two components: • the Dignified (that symbolic part) • the Efficient (the way things actually work and get done).

English and American system compared by Bagehot § “A parliamentary system (England) educates the public, while a presidential system (America) corrupts it. ” § British Constitution: principle of choosing a single sovereign authority, and making it good § American Constitution: principle of having many sovereing authorities, hoping that many of them may atone for their inferiority. Having many authorities is still in act only because of American’s reguard for law and for their “genius for politics”.

KEY STATUTES AND CONVENTIONS

Some key statutes § Habeas Corpus Act 1679 § Representation of the people Act 1918 § Irish free state Constitution Act 1922 § Representation of the People Act 1949 § European Communities Act 1979 § Freedom of Information Act 2000

Habeas Corpus Act 1679 Act of the Parliament of England passed during the reign of King Charles II to define and strengthen the ancient prerogative writ of habeas corpus, where by persons unlawfully detained can be ordered to be prosecuted before a court of law.

Representation of the people Act 1918 § Reformed the electoral system in the United Kingdom. It is sometimes known as the Fourth Reform Act. § Abolished practically all property qualifications for men and enfranchised women over 30 who met minimum property qualifications. The enfranchisement of this latter group was accepted as recognition of the contribution made by women defence workers. However, women were still not politically equal to men (who could vote from the age of 21); full electoral equality wouldn't occur until the Representation of the People Act 1928.

Irish free state Constitution Act 1922 § Preamble made up by five clauses, three of which are very brief, and two schedules. § Introduced by the Prime Minister Lloyd George in the Parliament of the United Kingdom. § The Preamble bases the Constitution on the Anglo-Irish Treaty of 6 December 1921.

Representation of the People Act 1949 § It prohibited those attending top universities (such as Oxford and Cambridge) from voting for a university MP and essentially ceased the practice of plural voting. § Those on the UK electoral register were only allowed to vote once, and to vote in one constituency in any general election, and thus vote only once, even if for some reasons they were registered in more than one.

European Communities Act 1972 § Provides the incorporation of European Community law into the domestic legal order of the United Kingdom. § It is not to be confused with the European Communities Act 1972 (Ireland) which did the same thing for the Republic of Ireland.

Freedom of Information Act 2000 § Implementation of freedom of information legislation in the United Kingdom on a national level. § Introduces a public "right to know" in relation to public bodies. § Implements a manifesto commitment of the Labour Party in the 1997 general election. § The full provisions of the act came into force on 1 January 2005.

In England there is not a written constitution, but a collection of: § Conventions § Statutes

CONVENTION § What is it? § How many kinds of conventions are there?

Convention/s § The recognition by the convention of the preceding parliamentary process as having come to an end of its powers in terms of determining future parliamentary proceedings § The implicit self-empowerment of the parliamentary convention to act in place of the preceding process, thereby establishing its own legitimacy in determining the future of parliamentary proceedings

How many conventions are there? The term Convention Parliament has been applied to three different English Parliaments: § Convention Parliament of 1399 § Convention Parliament of 1660 § Convention Parliament of 1689

What’s it? § It is a formal written enactment of a legislative authority that governs a country, state, city, or county § It commands or prohibits something, or declare policy

STATUTE/S § What is a statute? § How many statutes are there?

How many statutes are there? § Human Rights § General Provisions § Integrity § Legal Protection

Human Rights § The remedy of “Habeas Corpus” secures the individual’s rights to freedom from any unlawful or arbitrary detention. § Abolition of death penalty

General provisions § All human beings are born free and equal in dignity and rights, endowed with reason and conscience, and should act towards one another in a spirit of brotherhood. § All human beings have job right

Integrity § Everyone has the right to life, Liberty, and the security of person. § No one shall be subjected to torture or to cruel, inhuman, or degrading are prohibited. § All marriages are registered by the State. It is unlawful to force anyone to marry against his or her will or to bring about a marriage by fraudulent means § Everyone has the right to own property alone as well as in association with others.

Legal protection § Everyone has the right to recognition everywhere as a person before the law. § All are equal before the law and are entitled without any discrimination to equal protection of the law. § Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. § Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal

HUMAN RIGHTS - LIBERTIES - 15. Personal Liberty EVERYONE HAS A LEGAL RIGHT TO PERSONAL LIBERTY

LIBERTIES 15. Personal Liberty 1. ARRESTS IN CRIMINAL PROCEEDINGS • the police must normally obtain a warrant before arresting someone • they have power to arrest a suspect without warrant if he/she is reasonably suspected

LIBERTIES 15. Personal Liberty 2. AN ARRESTED PERSON HAS THE RIGHT TO: • consult a solicitor • ask the police to notify a relative to take an interest in his/her welfare • consult the code of practice regarding tratment in police custody

LIBERTIES 15. Personal Liberty 3. CONSULTATION • solicitors are available on a 2 -hour basis to offer free legal advice • the police must caution a suspect before any questions are put (right of silence)

LIBERTIES 15. Personal Liberty 4. DETENTION § the suspect may not normally be detained for more than 24 hours (in case of a serious arrestable offence for up to 36) § after 36 hours the police must obtain authority from a court to detain the suspect (not beyond 96 hours)

LIBERTIES 15. Personal Liberty 5. Tape recording of interviews with suspected offenders at police station are universal practice 6. HABEAS CORPUS Anyone who thinks his/her detention is illegal may apply to the High Court for a writ of habeas corpus against a person detaining him/her

LIBERTIES 15. Personal Liberty 7. BAIL Most accused people are released on bail pending trial; they are not remanded in custody except when strictly necessary

HUMAN RIGHTS - LIBERTIES - 16. Right of Privacy EVERYONE HAS THE RIGHT TO THE PROTECTION OF THE LAW AGAINST INTERFERNCE WITH HIS/HER PRIVACY OR ATTACKS UPON HIS HONOUR AND REPUTATION

LIBERTIES 16. Right of Privacy 1. The common law allows people to speak and act in their own homes as they please provided that they do not infringe the rights of others 2. Parents are free to bring up children as they wish without infringing laws againts cruelty and exposure to moral and physical damage

LIBERTIES 16. Right of Privacy 3. It is a criminal offence for a man to commit a homosexual act with a person uder the age of 18

LIBERTIES 16. Right of Privacy 4. PRIVACY AND THE PRESS Action is being taken by the Government to deal with media intrusion into the privacy of individuals and give them protection 5. FORM OF INTRUSION CONSIDERED CRIMINAL OFFENSES § radio transmitters for bugging § harassment of tenants to make them quit § sending of unsolicited obscene material through the post

LIBERTIES 16. Right of Privacy 6. INTERCEPTION OF COMMUNICATIONS Governamental interception of postal and telephone services are authorized only on certain limited grounds; any interception outside these procedures is a criminal offense

LIBERTIES 16. Right of Privacy 7. COMPUTERS § under the Date Protection Act 1984, data users are required to register a description of a personal data they may desclose it § individual have the legal right to know about the data hold on them § they have the right to claim compensation for damages if the data are lost or disclosed without authority

HUMAN RIGHTS - LIBERTIES 17. Freedom of Movement 1. EVERYONE HAS THE RIGHT TO FREEDOM OF MOMEVEMENT AND RESIDENCE WITHIN THE BORDERS OF EACH STATE 2. EVERYONE HAS THE RIGHT TO LEAVE ANY COUNTRY AND RETURN TO HIS COUNTRY

HUMAN RIGHTS - LIBERTIES - 18. Freedom of Religious EVERYONE HAS THE RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION

LIBERTIES 18. Freedom of Religious 1. Worship and religious teaching take place without any interference from the State; atheists and agnostics are also free to propagate their views 2. A person may be held giulty of blasphemous libel if he/she publishes scurrilous and offensive references to Christianity 3. Churches and religious societies of all kinds own property, run schools and propagate their beliefes in speech and writing

LIBERTIES 18. Freedom of Religious 4. The Sovereign must by law be a Protestant; the Church of England the Church of Scotland are the established “official” churches for State cerimonies of a religious nature 5. Religious education has to be provided in all public schools and parents have the right to ask for their children from such classes 6. Television and radio programs are broadcast on religoius topic; advertising aiming to promote religious ends is not permitted on television or radio

HUMAN RIGHTS - LIBERTIES - 19. Freedom of Expression EVERYONE HAS THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION (THROUGH ANY MEDIA AND REGARDLESS OF FRONTIERS)

LIBERTIES 19. Freedom of Expression 1. Restrictions of such right include: § official secrets § civil defamation § criminal libel; oscenity, sedition, incitement to racial hatred § contempt of court

LIBERTIES 19. Freedom of Expression 2. There are legal remedies against defamation such as fair comment on matters of public interest 3. There is no State control or censorship of the press. Foreign language papers are freely imported

LIBERTIES 19. Freedom of Expression 4. BROADCASTING • British broadcasting is a public service accountable to the people thruough the Parliament • televsion and radio services are provided by the British Broadcasting Corporation (BBC); other operators are licensed by the Indipendent Television Commission (ITC) • the Government itself is not responsable for program content or broadcasters’ day-to-day conduct of business

LIBERTIES 19. Freedom of Expression 5. BROADCASTERS HAVE TO MAINTAIN SOME STANDARDS § programs must display a proper balance and wide range of subject matter, and impartiality in matters of controversity § there are rules relating to violence and decency in television programs (especially during the hours when children are likely to be wathcing) § they also comply with the general law relating to obscenity and incitement to racial hatred

LIBERTIES 19. Freedom of Expression 6. ACCORDING TO 1991 EUROPEAN AGREEMENTS • Programs may not be indecent, contain pornography, help violence, incite racial hatred

LIBERTIES 19. Freedom of Expression 7. THEATER • there’s no chensorship of plays • present or direct an obscene performance of play in public or private is a criminal offence because it tends to deprive or corrupt persons who are likely to attend it

LIBERTIES 19. Freedom of Expression 8. FILMS AND VIDEO • Government has no power to censor films • cinemas are licensed by local governemt authorities; they prohibit the admission of children under 16 to unsuitable films • in assenssing the suitability of films, authorities rely on the British Board for Film Classification

HUMAN RIGHTS - POLITICAL RIGHTS - General Political Rights

POLITICAL RIGHTS General Political Rights 1. Everyone has the right to take part in the Government of his country, directly or thruogh freely chosen representatives 2. Everyone has the right of equal access to public service in his country 3. The will of the people shall be the basis of the authority of Government: elections through universal and equal suffrage

POLITICAL RIGHTS General Political Rights 4. BRITAIN IS A PARLIAMENTARY DEMOCRACY § the Government being responsible to the people through the elected House of Commons which can force a Government to resign on a vote of no-confidence § the non-elected House of Lords is normally a chamber of discussion and revision of proposals; its powers are limited by law

POLITICAL RIGHTS General Political Rights 5. Candidature for paliamentary elections is open to anyone aged 21 6. The secret balliot is used in all British elections; the electoral system is the simple majority system and the candidate with the largest number of votes is elected

HUMAN RIGHTS - POLITICAL RIGHTS - 21. Political Asylum

POLITICAL RIGHTS Political Asylum 1 -2. Everyone has the right to seek and to enjoy in other countries asylum from persecution § this right may not be invoked in case of persecution genuinely arising from non-political crimes

POLITICAL RIGHTS Political Asylum 4. DUBLIN CONVENTION § a member State is responsible for dealing with an asylum application § applicants may no longer lodge successive claims in different countries

POLITICAL RIGHTS Political Asylum 5. Under recent legislation, people are not extradited to face trial imprisonment if they face persecution on grounds of race, religion, nationality or political opinion

HUMAN RIGHTS - POLITICAL RIGHTS - 22. Nationality EVERYONE HAS THE RIGHT TO A NATIONALITY

POLITICAL RIGHTS Nationality 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality 3. British Citizenship is acquired automatically at birth by a child born in Britain if the father or mother is a British citizen or is settled in Britain

POLITICAL RIGHTS Nationality 4. After five years of residence in Britain § British Dependent Territories citizens (without needing to reside in Britain) § British Nationals (Overseas) § British overseas citizens § British subjects under the Citizenship Act § Brtish protected persons can get British citizenship

POLITICAL RIGHTS Nationality 5. Common wealth citizens, citizens of Irish Republic and foreign nationals can acquire British citizenship by naturalization 6. British citizenship can be renounced by a person if he/she possesses the nationality or citizenship of another country

POLITICAL RIGHTS Nationality 7. THE HONG KONG ACT § under the Hong Kong Act 1985 citizens are entitled to acquire a new form of nationality, the British National (Overseas) together with a passport § in April 1990 , 50. 000 key people in Hong Kong received British citizenship without moving from the territory

HUMAN RIGHTS - POLITICAL RIGHTS - 23. Assemblies and Associations

POLITICAL RIGHTS Assemblies and Associations 1. Everyone has the right to freedom of peaceful assembly and association 2. No one may be complied to belong to an association

UK Constitution Part 9: RESTRICTIONS There are only 3 restrictions in the English constitution

First Everyone has duties to the community in which alone the free and full development of his personality is possible.

Second In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

Thrid These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

ACTS

Magna Charta Libertatum § The first document forced into an English King by a group of his subjects (the barons) in an attempt to limit his powers by law and protect their privileges § English legal charter, originally issued in the year 1215 § Written in Latin § Preceded by the 1100 Charter of Liberties in which King Henry I voluntarily stated what his own powers were under the law

Bill of rights 1689 § Formal name: Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown. § The Bill of Rights of the United Kingdom is largely a statement of certain rights to which citizens and permanent residents of a constitutional monarchy were thought to be entitled in the late 17 th century, asserting subjects' right to petition the monarch, as well as to bear arms in defence.

Crown and Parliament Recognition Act 1689 § It was an Act of the Parliament of England, passed in 1689. § It was designed to confirm the succession to the throne of King William III of England Queen Mary II of England § to confirm the validity of the laws passed by the Convention Parliament which had been irregularly convened following the Glorious Revolution and the end of James II's reign § The Act was passed because in 1688 King James II of England was deposed (he was deemed to have abdicated) and replaced as king by William and Mary, who ruled jointly

Scotland Act 1998 § What is it? It is an Act of the parliament of U. K. § What does it establish? The Act establishes the devolved Scottish Parliament. Why was the act introduce? The Act was introduced after the Scotland Referendum in 1997, which showed that Scotland reached an agreement about two points: 1. The creation of a parliament for Scotland The Act creats the Scottish Parliament 2. The parliament should tax varying powers §

What does the Act set out? § The Act sets out how Members of the Scottish Parliament are to be elected § The Act sets out the process for the parliament to consider and pass Bills which become Acts of the Scottish Parliament once they receive Royal Assent § The Act sets out the legislative competence of the Scottish Parliament (a list of matters over which The Scottish Parliament does control, and matters over which it does not) § The Act also sets up mechanisms to resolve disputes over questions about legislative competence of the Parliament and powers of the Executive.

What does the Act Create? The Act creates a “Scottish Executive” which consists of a First Minister and other Ministers appointed by the Queen with the approval of the Parliament

House of Lords Act 1999 § What is it? It is an Act of the Parliament of the United Kingdom (with royal assent in 1999) § What does it reform? It reformes the hereditary factor of the House of Lords

What does the Act provide? § It provides that No-one shall be a member of the House of Lord by hereditary peerage exclusion of hereditary peers § Lords had adopted an Order making provision for the election of peers , the Order provided that there be elected: Ø Ø Ø Two peers by the Labour peers Three peers by the Liberal Democrat peers Twenty-eight Crossbench peers Forty-two Conservative peers Fifteen peers, to serve as Deputy Speakers and in other offices, by the entire House of Lords

Civil Contingencies Act 2004 What is it? It is a U. K. Act of Parliament that gives the British government wide-ranging powers in an emergency(=attack by fpreign power, or the event that services deemed essential were threatened). The Act is arranged into three parts: § § § Part 1 defines the obligations of certain organisations to prepare for various types of emergencies. Part 2 provides additional powers for the government to use in the event of a large scale emergency. Part 3 provides supplementary legislation in support of the first two parts.

Act of Settlement 1701

Purpose To settle the succession to the English throne on the Electress Sophia of Hanover – a granddaughter of James I – and her Protestant heirs.

Feature § The act was later extended to Scotland as a result of the Treaty of Union. § It remains today one of the main constitutional laws governing the succession.

Provisions of the act Eight provisions of the act: 1. The monarch "shall join in communion with the Church of England. " 2. A king not native to England will not wage war for "any dominions or territories without the consent of Parliament. " 3. No monarch may leave the dominions of UK without the consent of Parliament. 4. All council resolutions were to be signed by those who advised and consented to them.

5. No foreigner shall be allowed to be a Privy Councillor or a member of either House of Parliament, or hold any place of trust. 6. No person who has an office under the monarch, or receives a pension from the Crown, can be Member of Parliament. 7. Judges' commissions are valid during good behaviour, and if they do not behave themselves they can be removed only by both houses of parliament. 8. No pardon by the monarch can save someone from being impeached by the House of Commons.

Effects of the act §Creation of the United Kingdom. §The Act of Union 1707.

Acts of Union 1707 The Acts joined the Kingdom of England the Kingdom of Scotland into a single United Kingdom of Great Britain.

Previous attempts at union § 1603: the two parliaments established a commission to negotiate a union. § 1643: The Solemn League and Covenant sought a forced union of the Church of England into the Church of Scotland. § 1649: Oliver Cromwell created the Commonwealth of England, Scotland Ireland. § 1689: The Scottish Parliament show much discussion of possible union.

The English perspective The English were concerned that an independent Scotland with a different king, even if he were a Protestant, might make alliances against England.

The Scottish perspective § Scottish Parliament was unicameral because of the weakness and lack of cohesion between the various opposition groups in the House. § The Union would enable Scotland to recover from the financial disaster wrought by the Darien scheme. § Many petitions were sent to the Scottish Parliament against Union

The Irish perspective § Ireland, the third of the "sister kingdoms" was not included in the union. § Ireland's benefits from the Union of 1707 were few: o preferential status in trade with England now extended to Scotland. o improved Ireland's defence against enemies

Provisions of the Acts Contents: § Scotland could send representative peers to sit in the House of Lords. § The Church of Scotland would remain the established church in Scotland. § The Court of Session would "remain in all time coming within Scotland“. § Scots law would "remain in the same force as before". § The ban on Roman Catholics from taking the throne. § Customs union and monetary union.

Criticism The English and Scottish parliaments had evolved along different lines, so contradictions in the merged parliament were frequent. For example, the English doctrine of parliamentary sovereignty in all aspects of national life did not exist in Scotland, and the Scottish Parliament was unicameral, not bicameral.

Act of Union 1800 It is used to describe two complementary Acts whose official United Kingdom titles: the Union with Ireland Act 1800 and the Act of Union Ireland 1800.

Acts § Each Act had to be passed in the Parliament of Great Britain and the Parliament of Ireland. § The final passage of the Act in the Irish Parliament was achieved with substantial majorities.

The Acts ratified eight articles 1. Articles I–IV dealt with the political aspects of the Union which included Ireland having over 100 MPs representing it in the united parliament, meeting in the Palace of Westminster. 2. Article V created a united Protestant church, the United Church of England Ireland, but confirmed the independence of the Church of Scotland.

3. Article VI created a customs union, with the exception that customs duties on certain British and Irish goods passing between the two countries would remain for 10 years. 4. Article VII stated that Ireland would have to contribute twoseventeenths towards the expenditure of the United Kingdom. 5. Article VIII formalised the legal and judicial aspects of the Union.

Union Flag § It combined the flags of England Scotland with a "St Patrick's Cross" to represent Ireland. § Wales is not included as when the original Union Flag was devised Wales was considered an integral part of the Kingdom of England.

Parliament Acts The Parliament Acts are two Acts of Parliament of the United Kingdom, passed in 1911 and 1949

Parliament Act 1949 Parliament Act 1911 § Asserted the supremacy of the House of Commons by limiting the legislationblocking powers of the House of Lords § Amended the Septennial Act to reduce the maximum life of a Parliament from seven to five years § Limited the power of the Lords by reducing the time that they could delay bills, from two years to one

Parliament Act 1911 The purpose of the Parliament Act 1911 is explained by its long title: “ An Act to make provision with respect to the powers of the House of Lords in relation to those of the House of Commons, and to limit the duration of Parliament”

Parliament Act 1949 § Drown up by the Labour government of Clement Attlee afraid that their programm of nationalisation would be delayed by the Lord; § Born from the Parliament Act 1911 to reduce the power of the Lords; § The amended Parliament Act was never used in the 1940 s or 1950 s

Validity of the 1949 Act Since the 1949 Act became law, doubts were raised by legal academics as to whether the use of the 1911 Act to pass the 1949 Act, which amended the 1911 Act itself, was valid.

Three main concerns § The continued ability of the House of Lords to veto a bill to prolong the life of Parliament would not be entrenched if the 1911 Act could be used to amend itself first, removing this restriction. § The 1949 Act could be considered to be secondary legislation, since it depended for its validity on another Act. § Under the 1911 Act, Parliament delegated its ability to pass legislation to another body (the Commons alone).

Use of the Parliament Acts § Welsh Church Act 1914, under which the Welsh part of the Church of England was disestablished in 1920, becoming the Church in Wales. § Home Rule Act 1914, which would have established a Home Rule government in Ireland; its implementation was blocked due to the First World War. § War Crimes Act 1991, extended jurisdiction of UK courts to acts committed on behalf of Nazi Germany during the Second World War.

§ European Parliamentary Elections Act 1999, changed the system of elections to a form of proportional representation. § Sexual Offences Act 2000, equalised the age of consent for male homosexual activities with that for heterosexual and female homosexual activities at 16. § Hunting Act 2004, prohibited hare coursing and all hunting of wild mammals, especially foxes, with dogs after early 2005.

Life Peerages Act 1958 § Life peers: barons and are members of the House of Lords for life. Their titles and membership are not inherited by their children; § The Act established the modern standards for the creation of life peers by the monarch of the United Kingdom; § Increased the ability of the Prime Minister to change the composition of the House of Lords; § The Act allowed for the creation of female peers; the first such women peers sat in the House of Lords from 21 October 1958.

Emergency Powers Act 1964 The Emergency Powers Act 1964 was an Act of the United Kingdom to amend the Emergency Powers Act 1920 and made permanent the Defence (Armed Forces) Regulations 1939. Section I of this Act did not apply to Northern Ireland.

History § Section 2 of this Act amended the Defence (Armed Forces) Regulations 1939 which allowed soldiers 'temporary employment in agricultural work or in other work, being urgent work of national importance' by making this permanent. § As a result of the Civil Contingencies Act 2004 only Section 2 of this Act remains on the statute book. § In 2004, the Joint Committee of the House of Commons and the House of Lords named this Act a 'fundamental part of the constitutional law' of the UK.

The European Communities Act (1972 c. 68) §It is the Act of the United Kingdom Parliament providing for the incorporation of European Community law into the domestic legal order of the United Kingdom. §It is not to be confused with the European Communities Act 1972 (Ireland) which did the same thing for the Republic of Ireland. §It enables under section 2(2) for Government ministers to lay regulations before Parliament to implement required changes to UK law (for example, Decisions of the European Court of Justice and EU Directives).

§It also provides in S 2(4) that all UK legislation, including primary legislation (Acts of Parliament) shall have effect "subject to" directly applicable EC Law. §The House of Lords (Lord Bridge) has interpreted this provision as inserting an implied clause into all UK statutes §We can see as a major departure from the English constitutional doctrine of Parliamentary Sovereignty (see Facrotame: Sovereignty and the EU). §The repeal of this Act would leave European Union law unenforceable in the UK, but the UK would still be bound by treaty §obligations to the European Union.

House of Commons Disqualification Act 1975 §is an Act of the United Kingdom Parliament that prohibits certain groups of people from becoming members of the House of Commons. § It was an updated version of similar older acts, including the House of Commons Disqualification Act 1957. Some of the prohibited groups at the time the Act first came into effect were: § Judges §Serving members of the armed forces § Civil servants § Ordained ministers § Members of legislatures of non-Commonwealth countries

§This Act has been updated by subsequent legislation. §Since the House of Commons Act 2001, no clergy except for Church of England bishops are now prohibited from serving. §Section 10 of this Act wasrepealed by section 1 of, and Schedule 2 to, that Act

The Human Rights Act 1998 Northern Ireland Act 1998 Government of Wales Act 1998

The Human Rights Act 1998 It is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.

Rights protection under the Act § Act provides that it is unlawful for a public authority to act in such a way as to contravene Convention rights § the Act also provides a defence for public authorities if their Convention violating act is in pursuance of a mandatory obligation imposed upon them by Westminster primary legislation § The power is restricted to the higher Courts § The Act completely repealed the death penalty in the United Kingdom.

CRITICISM § Politicised judges? § Journalistic freedom § A Bill of Rights for Britain? § Left-wing criticism § Terrorism

Politicized judges? One of the major criticisms of the Human Rights Act prior to its introduction that it would result in unelected judges making substansive judgments about government policies and "legislating" in their amendments to the common law resulting in an usurpation of Parliament's legislative supremacy.

Journalistic freedom The Human Rights Act was criticised because people's private lives needed protection.

A Bill of Rights for Britain? Howard's successor as Leader of the Opposition, David Cameron thought that the Human Rights Act was a bill of rights for Britain.

Left-wing criticism Some people have argued that the Human Rights Act does not give adequate protection to rights because of the ability for the government to derogate from Convention rights

Terrorism The Human Rights Act was hampering the fight against global terrorism in regard to controversial control orders: "There is a very serious threat - and I am the first to admit that the means we have of fighting it are so inadequate that we are fighting with one arm tied behind our backs. So I hope when we bring forward proposals in the next few weeks that we will have a little less party politics and a little more support for national security. ” (Former Home Secretary John Reid)

Northern Ireland Act 1998 What is? §Is an Act of the Parliament of the United Kingdom which established a devolved legislature for Northern Ireland after decades of direct rule from Westminster. §It repealed the Government of Ireland Act 1920 and established new rules in line with the European Union

Northern Ireland Act 1998 The Act allows for a devolved Northern Ireland Assembly of 108 members Membership of the assembly is subject to a pledge of office Subjects the member to certain requirements with regard to standards and responsibilities

Northern Ireland Act 1998 §Northern Ireland remains a part of the United Kingdom until or unless a majority vote in a referendum determines otherwise §The Assembly has been suspended a number of times since 1998, and was re-established on Tuesday 8 th May 2007

Government of Wales Act 1998 The properly title of the Act is: An Act to establish and make provision about the National Assembly for Wales and the offices of Auditor General for Wales and Welsh Administration Ombudsman; to reform certain Welsh public bodies and abolish certain other Welsh public bodies; and for connected purposes.

What does the Act do? §It created a national assembly for Wales §It transferred most of the powers of the Secretary of States for Wales §It made provision for elections to the Assembly §The Act led to the establishment of the National Assembly for Wales in 1999, after the referendum held in 1997 which narrowly approved devolution.

Secretary of State for Wales He is responsible for ensuring Welsh interests are taken into account by the government, representing the government within Wales and overseeing the passing of legislation which is only for Wales.