Introduction


I. Constitutional Theory

1. Constitutions are about:
political authority and power distribution, separation, limitation of power,
explicit guarantees of the rights and freedoms of individuals,
and ideological pronouncements/principles

2. Two meanings of the word: (1) written document; (2) wider meaning: assemblage of laws, institutions and customs, derived from certain fixed principles of reason .. composing the general system; or collection of rules which establish and regulate the government
British constitutional system is founded on acts of parliament and detailed procedures established by the various organs of government
Usually, written constitutions do not contain all the procedures pertaining to the exercise of power by the government, such as regulations on the electoral system.
Making of the constitution follows some fundamental political / historical event (revolution, defeat in a war, revolution, uniting).
Reconstruction of the British govermental system has never been necessary (revolution of 1688, reform of the House of Commons.
In 1832, crisis over the Lords-Parliament Act of 1911, union of Great Britain and Ireland in 1800, abdication crisis affecting the monarchy in 1936, membership of the European Communities in 1973).
Consequences of an unwritten constitution - legislative supremacy of Parliament (weak if any federalism - de facto one-house legislature), no special procedure for legislation of constitutional importance, no legislative basis for the protection of the individuals´ rights, political factors safeguard the system rather than the constitution itself.


II. British Politics

UK = two constitutions (Norther Ireland + Britain)
= three legal systems (Northern Ireland, Scotland, England+Wales)
Parliament is the ultimate source of power
Cabinet meets secretly
Reforms urged: Freedom of Information Act, Abolishment/Reform of the House of Lords, fixed-term Parliament, Bill of Rights (Blair: European Convention on Human Rights), proportional representation


III. Containment of British law in general

1. Acts of Parliament / Statutes (Bill of Rights); statutory law overrides all other law; British statutes are not codified (as are German statutes)
Common law / based on precedent / case law
Conventions (ie. Royal Prerogative)

2. The Courts
Common law proper (areas with no statutes), appealable to HoL (binding desisions)
Interpretation, binding (except for the House of Lords)
Judicial Committee of the HoL is highest court (next: Court of Appeal, High Court); consists of 11-13 Law Lords plus one Lord Chancellor (highest Judge, Minister of Justice, Head of the House of Lords ? three branches)


IV. Sources of British Constitutional Law

1. Statutory Law

Magna Carta 1215
stated grievances of the time, settled by a union against the Kingset out the rights of the various classes of the medieval community according to their different needs (freedom of the Church; liberties for the cities; just taxation for merchants)principle of the trial by jury (judgement of one´s peers)writ of habeas corpusprotest against arbitrary punishmentfew provisions remain on the statute bookgreater historical and symbolic value than legal force

Bill of Rights 1689
denounced certain royal prerogatives (suspend or dispense with laws, levy money by pretence of the prerogative and without grant of Parliament, raise or keep an army in times of peace)other basic declarations (freedom of speech, proceedings in Parliament, right to petition the King)

Other statutes
Act of Union with Scotland 1707, Parliament Acts of 1911 and 1949, Statute of Westminster 1931, Crown Proceedings Act 1947, European Communities Act 1972, Representation of the People Act 1983
Constitutional statutes differ from ordinary statutes in two respects: bills of constitutional significance are sometimes refered to a whole-House committee rather than a standing committee; statutes of constitutional significance might be upheld by the court when a later act of that kind is introduced

2. Case Law
Common law proper
"judge made law"; Entick v. Carrington; M.v. Home Office; doctrine of legislative supremacy of Parliament
Interpretation of statute law
no British court has authority to rule on the validity, or constitutionality, of an Act of Parliement; courts are tasked with interpreting statute law when the correct meanig of an act is disputed; the decisions of the higher courts are binding for the inferior courts

3. Conventions of the constitution
also described as positive morality of the constitution, unwritten maxims of the constitution, "a whole system of political marality, a whole code of precepts for the guidance of public men"; Dicey: "conventions, understandings, habits or prectices which, though they may regulate the coduct of the several members of the souvereign power .. are not in reality laws at all since they are not enforced by the courts."
The existence of the prime minister and the cabinet are conventions. Others: the royal prerogative, ministerial responsibility to Parliament, relations between the two Houses of Parliament, rule that the speaker shall behave impartially
Conventions are not enforceable in the courts. Failure to observe them, however, may lead to breach of the law (if the monarch neglected to summon Parliament at least once a year, the Government would soon be involved in illegal expenditure for the Appropriations Acts would have failed to be approved.
Two reasons for observing the conventions: positive reason - operations within the framework of constitutional values; negative reason - political difficulties might arise when conventions are not being followed ("unconstitutional conduct")

4. The law and custom of Parliament
found in resolutions, informal understandings, statutes, case law (in that order)