n Britain the origins of its unwritten constitution can be traced back to the Bill of Rights (1689) and the Act of Settlement (1701, both these pieces of legislation helped to transfer power from the king to Parliament in the aftermath of the Glorio

3. Parliamentary government
4. Constitutional monarchy (not absolute)
5. EU membership

1.        Parliamentary sovereignty

• The “Crown in Parliament”
• HC, HL and royal assent
• Sovereign because it can make, unmake or remove any law
• “Parliament can do anything except turn a man into a woman” John Stuart Mill 
• Parliament has the legal right to do anything (legal sovereignty)
• But not necessarily the political ability to do so, (political sovereignty)

• why? > because of internal & external constraints

Constraints on Parliamentary Sovereignty

• pressure groups
• public opinion
• Major trading partners (USA & EU)

Parliamentary Sovereignty is being replaced by popular sovereignty, such as

• Devolution of power to elected assemblies
• Clearly defined citizens rights (Human Right Act)
• The use of referenda

2.        The Rule of Law

        Despite the principle of PS the government is also subject to the rule of law

The government is subject to legal checks and constraints on its actions

• Pergau Dam (Malaysia late 70s wanted to sell aircraft in exchange for dam, activist pointed out that according to UK law money must only be given in aid if it is beneficial – dam was not necessary so was stopped.
• Civil Service Pension Case (having the right to amend does not give right to end
• In both cases government taken to courts for failing to obey own laws

3.        Parliamentary Government

• Fusion of powers between government and Parliament
• Power of government elected with a large majority ... might lead to
• An “elective dictatorship

4.        Constitutional Monarchy

• Bagehot’s distinction between the “dignified” and the “efficient parts of the constitution
• Monarch only has the right:

• To be informed
• To be consulted
• To warn
• To encourage

• But not the right to withhold R A

• Queen Anne 1708 Scottish Militia Act
• Origin of US President’s veto

5.        EU Member ship

• Treaty of Rome 1956
• Single European Act 2986
• Treaty on European Union (Maastricht) 1992

Magna Carta 1215:

• Balance of power between monarch and the people
• “no free man shall be seized or imprisonment stripped of his rights, or possessions... except by the lawful judgement of his peers” (rule of law) due process
• To no-one will we sell, to no-one deny or delay right or justice

Habeas Corpus Act 1679:

• Prevents detention without trial.

Bill of rights 1689:

• An Act Declaring the Rights and Liberties of the subject...
• Mainly set out strict limits on the use of Royal prerogatives by the sovereign. (Freedom of speech/parliamentary privilege/ right to bear arms)

Act of Settlement 1701:

• Parliament chooses the monarch.

Parliament Acts 1911 & 1949 (limit lords)

European Community Act 1972 (entry to EEC, EC, EU

Soctland Act 1998 & Government of Wales Act 1998 (devolution)

Human Rights Act 1998 (EU law into UK law)

House of Lords Act 1999 (reform of Lords)

Freedom of Information Act 2000 (reform)

Constitutional Reform Act 2005 (reform)

Codified (listed) constitutions:

• Examples = USA, France

Uncodified constitutions:

Unitary and Federal Constitutions

Rigid and Flexible