Constitution of the United Kingdom

While that convention reflected norms and cases decided under British statutes and the common law on civil liberties,[32] the UK accepted that people could appeal to the European Court of Human Rights in Strasbourg, if domestic remedies were not enough.

[38] Here a group protesting against the High Speed 2 rail line from London to Manchester and Leeds claimed that the government had not properly followed an Environmental Impact Assessment Directive by whipping a vote in Parliament to approve the plan.

[53] On appeal, the European Court of Human Rights concluded the convention was breached because the statute did not "indicate with reasonable clarity the scope and manner of exercise of the relevant discretion conferred on the public authorities.

In R (UNISON) v Lord Chancellor the Supreme Court held the government's imposition of £1200 in fees to bring an employment tribunal claim undermined the rule of law, and was void.

[70] Its essence lies in not simply majority decision-making, nor referendums that can easily be used as a tool of manipulation,[71] "but in the making of politically responsible decisions" and in "large-scale social changes maximising the freedom" of humankind.

In 1703, in the landmark case of Ashby v White, Lord Holt CJ stated that the right of everyone "to give [their] vote at the election of a person to represent [them] in Parliament, there to concur to the making of laws, which are to bind [their] liberty and property, is a most transcendent thing, and of a high nature".

In Morgan v Simpson the Court of Appeal held that if a vote "was conducted so badly that it was not substantially in accordance with the law, " then it would be declared void, and so would even minor irregularities that would affect the result.

For instance, in Gorringe v Calderdale MBC, Lord Steyn, giving the leading judgement, said it was "necessary" to view the law of negligence in the context of "the contours of our social welfare state".

"[91] For example, in Hounga v Allen the Supreme Court held that a young lady who had been illegally trafficked to the UK had a right to bring a race discrimination claim against her employers, even though she had herself been in violation of the Immigration Act 1971.

[94] Since the World Wars brought an end to the British Empire and physically destroyed large parts of the country, the UK has consistently supported organisations formed under international law.

Due the Universal Declaration of Human Rights in 1948, the continuation of the British Empire[clarification needed] lost substantial legitimacy under international law, and combined with independence movements this led to its rapid dissolution.

Codifying the Ponsonby Rule from 1924, the Constitutional Reform and Governance Act 2010 section 20 stipulates that a treaty is ratified once it is laid before Parliament for 21 days and no adverse resolution is passed against it.

[105] Elements such as the leader of the party with a majority becoming Prime Minister, the House of Lords not vetoing secondary legislation and judges remaining impartial on government policy are all conventions.

It can not strike down an Act of Parliament, but the judiciary ensures that any law which may violate fundamental rights has to be clearly expressed, to force politicians to openly confront what they are doing and "accept the political cost".

Section 1 of the Representation of the People Act 1983 gives the right to all registered citizens of the United Kingdom, the Republic of Ireland and the Commonwealth aged 18 and over to elect Members of Parliament to the House of Commons.

[120] As far back as 1703, Ashby v White recognised the right to "vote at the election of a person to represent him or [her] in Parliament, there to concur to the making of laws, which are to bind his liberty and property" as "a most transcendent thing, and of an high nature".

Following the Act of Union 1707 and an early financial crisis as South Sea Company shares crashed, Robert Walpole emerged as a dominant political figure.

The PM's modern functions include leading the dominant political party, setting policy priorities, creating Ministries and appointing ministers, judges, peers, and civil servants.

[173] The Crown Estate is a public, government corporation,[174] which in 2015 held £12 billion in investments, mostly land and property, and therefore generates income by charging rent to businesses or people for homes.

These include duties to administer planning consent,[213] to carry out compulsory purchasing according to law,[214] to administer school education,[215] libraries,[216] care for children,[217] roads or highway maintenance and local buses,[218] provide care for the elderly and disabled,[219] prevent pollution and ensure clean air,[220] ensure collection, recycling and disposal of waste,[221] regulate building standards,[222] provide social and affordable housing,[223] and shelters for the homeless.

[258] Failure to abide by Magna Carta led to the First Barons' War, and the popular legend of Robin Hood emerged: a returned crusader who robbed from the rich to give to the poor.

[264] Under Henry VIII, to seal a divorce from Catherine of Aragon and marry Anne Boleyn (who he soon beheaded for supposed infidelity), the Church of England was declared separate from Rome in the Act of Supremacy 1534, with the King as the head.

While Elizabeth I maintained a Protestant church, under her successor James VI and I, who unified the Scottish and English Crowns, religious and political tensions grew as he asserted a divine right of Kings.

[274] This demanded the King to abide by Magna Carta, levy no tax without Parliament, not arbitrarily commit people to prison, not have martial law in times of peace, and not billet soldiers in private homes.

[281] The new union was soon faced with disaster as in the Treaty of Utrecht, Spain granted the Asiento de Negros to Britain, allowing British merchants to sell slaves in Spanish America.

The South Sea Company, incorporated to monopolise the asiento license, became the object of mass financial speculation, provoked by government ministers interested in its rising share price.

[282] This was made worse by the decision of conservative politicians to endorse the company to take over the national debt as an alternative financier to the government over the Whig dominated Bank of England.

In R v Lovelass a group of agricultural workers who formed a trade union were prosecuted and sentenced to be transported to Australia under the Unlawful Oaths Act 1797,[295] triggering mass protests.

As the great famine hit Ireland and millions migrated to the United States, Chartists staged a mass march from Kennington Common to Parliament in 1848 as revolutions broke out across Europe, and the Communist Manifesto was drafted by German revolutionary Karl Marx and Manchester factory owner Friedrich Engels.

Under Margaret Thatcher, significant cuts were made to public services, labour rights, and the powers of local government, including abolishing the Greater London Council.

Parliament is central to the United Kingdom's democratic constitution. In the Palace of Westminster the House of Commons represents the public in 650 UK constituencies and chooses the prime minister at will. The House of Lords remains unelected but can be overruled. [ 1 ]
( London, Houses of Parliament. The Sun Shining through the Fog by Claude Monet , 1904). Parliament (from old French, parler , "to talk") is the UK's highest law-making body.
The UK has committed to international law as a "sovereign" member, to augment its power through cooperation, in the United Nations since 1945. The first UN General Assembly was held at Methodist Central Hall , opened by Prime Minister Clement Attlee .
From 1973 to 2020, the UK was a member state of the European Union (and its predecessor organisation the European Communities ), which is committed to " human dignity , freedom , democracy , equality , the rule of law and respect for human rights ". [ 33 ]
The European Court of Human Rights , following common law principles, [ 49 ] protects the rule of law by requiring people's liberty, privacy or other rights are not infringed by the government unless there is a clear legal basis and justification. [ 50 ]
The most broadly accepted meaning of the rule of law , advocated by Lord Bingham of Cornhill , includes the principle of legality , human rights and commitment to democracy and international law . [ 46 ]
Parliament was recognised as a forum for the King for "common counsel" before Magna Carta .
In the Brexit referendum 51.9% voted to leave the European Union, and 48.1% to remain. Critics have filed complaints about the substantiality of the question. [ 95 ]
The UK system of parliamentary democracy ensures that the executive, and the prime minister , is removable by a simple majority vote in the House of Commons . The executive is bound to the rule of law, interpreted by the judiciary , but the judiciary may not declare an Act of Parliament to be unconstitutional.
The House of Commons is the most important body in the British constitution. Its Members of Parliament are democratically elected by constituencies across the UK, and the parties who have a majority in the Commons form the British government.
The House of Lords is a chamber mostly appointed by the prime minister , loosely based on the Lords' expertise, achievement, or political affiliation. Since the abolition of most hereditary peers , there has been ongoing debate about whether or how to elect the House of Lords.
Proceedings in the UK Supreme Court , which moved to its modern home at Middlesex Guildhall in 2009, are web-streamed live.
The Supreme Court on Parliament Square , London
The prime minister , at 10 Downing Street , exercises political power of the British government, when they command majority support of the House of Commons .
U.S. President Barack Obama (R) meeting with Opposition leader Jeremy Corbyn (L) :
The task of the official opposition , currently led by Rishi Sunak of the Conservative Party , is to hold the government and the Prime Minister to account in and out of Parliament .
Whitehall hosts the major offices of the British government, led by cabinet ministers. Facing towards Big Ben is a statue of Charles I , who was executed in 1649 following the English Civil War .
The London Assembly and Mayor of London work at City Hall . The only region of England with representation, it has limited powers including over transport, the environment and housing. [ 205 ]
The Scottish Parliament at Holyrood has 129 MSPs with extensive powers, including taxation.
At Speakers' Corner of Hyde Park, London , here the people traditionally gather to exchange views, debate, and listen. Debating and free speech societies are found throughout the UK and make a regular part of TV. [ 231 ]
Any person in the UK who is significantly affected by a public body's act can challenge a decision by judicial review . The claims usually begin in the High Court .
John Ball , a leader of the Peasants' Revolt of 1381 following repression after the Black Death , preached that "matters goeth not well to pass in England, nor shall not do till everything be common , and that there be no villains nor gentlemen, but that we may be all unied [ sic ] together, and that the lords be no greater masters than we be." [ 251 ]
The Glorious Revolution of 1688 confirmed Parliament's supremacy over the monarch, represented by John Locke 's Second Treatise on Government (1689). This laid the foundations for a peaceful unification of England and Scotland in the Act of Union 1707 .
Demanding democratic reform, the Chartists met on Kennington Common during the Revolutions of 1848 .
The evolution of the British Empire . After the end of the Second World War , the Empire was gradually dismantled via a process of decolonisation , with the majority of former British colonies choosing to join the Commonwealth of Nations . The Commonwealth is open to any country committed to peace, liberty, equality, and development, as stipulated in the Harare Declaration of 1991.