Our Constitution: Gifts From Great Britain

The UK constitution is a unique, uncodified constitution, comprising written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike most countries, there has been no official attempt to codify these arrangements into a single document. This means that the UK constitution can be altered relatively easily by the government of the day, and it changes more frequently than many other constitutions. The UK constitution includes a variety of sources, such as the Magna Carta, Parliamentary Acts, and court rulings. The constitution also recognises some Acts of Parliament as having special constitutional status, including the Act of Settlement 1701, which prevented Catholics from taking the English throne, and the Act of Union 1800, which brought about a union between Ireland and Great Britain.

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Parliamentary sovereignty

The UK's constitution is uncodified, meaning it is not contained in a single document and can be easily changed. Parliamentary sovereignty is a cornerstone of this system. The UK's Supreme Court has recognised and affirmed this principle, along with others such as the rule of law, democracy, and upholding international law.

The UK's parliamentary sovereignty has its roots in the Magna Carta, which was agreed upon in 1215 between King John and a group of English barons. This document placed limits on the King's power and asserted that the monarch was not above the law. It also guaranteed fair trials and free movement, among other things.

Other Acts, such as the Parliament Acts of 1911 and 1949, have also contributed to the evolution of parliamentary sovereignty by reducing the power of the House of Lords and affirming the primacy of the House of Commons.

Act of Settlement 1700/1701

The Act of Settlement, passed on 12 June 1701, is an Act of Parliament that has regulated the succession to the throne of Great Britain since 1701. The Act provided that the throne would pass to Electress Sophia of Hanover, a granddaughter of James VI and I, and her descendants. This established Parliament's right to decide on the line of succession, further enhancing its power.

The Act also contained important constitutional provisions relating to the independence of the judiciary. It protected the salaries and positions of judges, aiming to give them the security to enforce the law without fear of retribution. Judges were to hold office during good behaviour rather than at the sovereign's pleasure, though they are subject to impeachment by both Houses of Parliament.

The Act also included provisions relating to the religion of future monarchs and the monarch's ability to leave the country. It stated that all future monarchs must join in communion with the Church of England and that England is not obliged to engage in any war for the defence of territories not belonging to the crown of England. Additionally, a clause in the original Act forbade the sovereign from leaving England, Scotland, or Ireland without the consent of Parliament.

The Act of Settlement also had implications for the union of Scotland with England and Wales to form the Kingdom of Great Britain. The Parliament of Scotland passed the Act of Security 1704 in response, reserving the right to choose its own successor to Queen Anne. This led the Parliament of England to pursue a full union of the two parliaments and nations to ensure the stability and future prosperity of Great Britain.

Treaty and Acts of Union of 1706-1707

The Treaty and Acts of Union of 1706-1707 led to the union of Scotland and England, creating a single state known as the United Kingdom of Great Britain. The Acts of Union refer to two separate acts of parliament, one passed by the Parliament of Scotland in March 1707, and the other by the Parliament of England shortly after. These acts implemented the international Treaty of Union agreed upon on 22 July 1706, which united the two kingdoms into a single "political state".

The Treaty of Union consisted of 25 articles, 15 of which were economic in nature. It stipulated that Scotland and England would unite to form one kingdom, named Great Britain, with its own royal coat of arms and a flag combining the crosses of St Andrew and St George. The treaty also addressed the succession of the House of Hanover to the throne of Great Britain and ensured a Protestant succession.

The Acts of Union resulted in the merging of the Scottish and English parliaments to create a new Parliament of Great Britain, based in Westminster. Scotland's parliamentary representation was reduced, with 16 peers and 45 commoners representing the country at Westminster. This loss of a dedicated representative body was a significant issue for Scotland, as it symbolised a loss of national sovereignty.

The Treaty and Acts of Union faced significant opposition, particularly in Scotland. Scottish writers criticised English influence within the Union of the Crowns, and there was widespread talk of an uprising. The Edinburgh Mob, a notable group, threatened "Destruction to all the Promoters of the Union". Despite this opposition, the Treaty was ratified by both parliaments, and the Acts of Union came into effect on 1 May 1707.

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Magna Carta

The Magna Carta, or the "Great Charter", is a document guaranteeing English political liberties. Drafted in 1215, it was an agreement between King John and a group of English barons who had been part of a rebellion against the King.

The Magna Carta was significant in placing formal limits on the King's power over his subjects. It declared the sovereign to be subject to the rule of law and documented the liberties held by "free men". This included the right to a fair trial, free movement, and the right to not be detained without legal reason.

The document also set up a formally recognised means of collectively coercing the King. The barons were tasked with choosing 25 representatives to serve as a "form of security" to ensure the preservation of the rights and liberties that had been enumerated.

The Magna Carta has been recognised as an important symbol of liberty and has been described as "the greatest constitutional document of all times—the foundation of the freedom of the individual against the arbitrary authority of the despot". While the extent of its impact in thirteenth-century England has been debated, it undoubtedly inspired future developments and represented a significant point in the development of the constitutional system.

In the centuries following its creation, the Magna Carta was reissued multiple times, often with alterations, as different monarchs sought to build political support or raise funds. Over time, the document became an established part of English political life.

The European Communities Act 1972

The Act was signed by the then-Conservative Prime Minister Edward Heath, and it received Royal Assent on 17 October 1972. This meant that the United Kingdom became an official member of the EEC. Denmark and Ireland also joined the Communities on the same day as the UK, 1 January 1973. The Norwegian people had rejected membership in a referendum in 1972.

The Act also introduced the Freedom of Trade, which included the right to freedom of movement between member states and the right to freedom to provide services between member states.

In 2016, the United Kingdom voted to withdraw from the European Union, and there was speculation that the European Communities Act 1972 would be repealed or amended. The European Union (Withdrawal) Act 2018 provided for the repeal of the European Communities Act 1972 upon the United Kingdom's exit from the EU. However, the effect of the ECA 1972 in relation to EU legislation, decisions, and case law was preserved until the end of the implementation period on 31 December 2020.

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