Sources of the UK Constitution

- Statute - ie individual laws of Acts of Parliament that have been passed over the centuries to define the structure and cultural and legal framework of the nation. They include the following acts: Magna Carta (1215), The Bill of Rights (1689), The Act of Settlement (1701), the Race Relations Act (1968) and The Human Rights Act (1998) and four other recent statues passed to pave the way for Scottish, Welsh and Nothern Irish devolution, and the abolition of the House of Lords

- Common Law  (or case law) - an ever evolving body of law that is defined by judges in individual court cases where issues about the impact of the Royal Prerogative and/or Parliamentary law on citizens arise

- Conventions - Traditions that have arisen over the centuries for example, Parliamentary Privilege rule that allows MPs to say things within the house of commons that might be libellous if repeated outside.

- Treatises/Works of Legal or Constitutional Authority - Including

The British Constitution (1867)
Parliamentary Practices (1844)
An introduction to the Study of the Law of the Constitution (1885)


The Human Rights Act (2000)

Article 1 European Convention of Human Rights as a whole
Article 2 The right to life
Article 3 Protection from torture and inhuman or degrading treatment or punishment
Article 4 Protection from slavery and forced or compulsory labour
Article 5 Right to liberty and security of person
Article 6 Right to a fair trial
Article 7 Protection from retrospective criminal offences
Article 8 Protection of private and family life
Article 9 Freedom of thought, conscience and religion
Article 11 Freedom of association and assembly.


 In addition, UK has incorporated EU's First Protocol, covering the following:

- Article 1 - Right to Property
- Article 2 - Right to Education
- Article 3 - Right to free and fair elections

Constraint of Human Rights Act


- Claims must be brought against the offending state of public body within one year of 'act' about which they are made
- Some right can theoretically be breached, if not in accordance with the laws of the country that is a member
- Breaches are tolerated 'in the interests of national security, public safety ir the counrty;s economic wellbeing; for the prevention of crime and disorder, the protection of health or morals, or to protect the freedom and rights of others.



The Separation of Powers

- The Legislature - Britatin's supreme law making authority, The House of Commons and the House of Lords (known collectively as the Queen in Parliament)

- The Executive - The Government, as led by the Cabinet and the First Lord of the Treasury or Prime Minister, government departments, under their respective Ministers; and public agencies or quangos (quasi-autonomous non-government organisations)

- The Judiciary - supreme srbiter on issues of Common Law, headed by Lord Chancellor and, until 2009, the House of Lords. A new independent US-style Supreme Court was convened on 1st October 2009.

- Parliamentary Conventions

- General Elections are held every five years maximum

-Prime Minister chosen from biggest party after election

- MPs speaking in the House of Commons, and peers speaking in the House of Lords enjoy parliamentary privilege. This is a form of absolute privilege, and means that MPs and peers speaking in Parliament cannot be prosecuted for defamation. Media have the right to report their words under qualified privilege.

- The Speaker of the House of Commons - who chairs debate - elected by MPs following a vote called by the "Father of the House".