United Kingdom constitutional law

[19] 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, who unified the Scottish and English Crowns, religious and political tensions grew as he asserted a divine right of Kings.

[29] 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.

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

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,[50] 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.

While that convention reflected norms and cases decided under British statutes and the common law on civil liberties,[b] the UK accepted that people could appeal to the European Court of Human Rights in Strasbourg, if domestic remedies were insufficient.

[90] 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 the Environmental Impact Assessment Directive 2011 by whipping a vote in Parliament to approve the plan.

[116] While other systems, notably the United States, attempted to put this into practice (e.g. requiring the executive does not come from the legislature) it is clear that modern political parties may undermine such a separation by capturing all three branches of government.

[125] Its essence lies not simply majority decision-making, nor referendums that can easily be used as a tool of manipulation,[126] "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 an high nature".

"[146] 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.

[149] 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.

[167] 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".

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

Its finance ultimately depends on the extent to which Treasury achieves full employment with fair wages and working time, thus reducing the cost of unemployment benefit claims, and ensuring better funding for pensions.

[313] This said, slavery and serfdom took until the 16th century to break down in England, and was maintained at least until 1833 within the British Empire, before full abolition of forced labour was passed, extending the writ of habeas corpus (the right to one's own body) to everyone.

[341] A common law power to enter premises to stop a breach of peace[342] was held in McLeod v UK to have unjustifiably violated the right to privacy under ECHR article 8, because the police used it to help an ex-husband recover property when an ex-wife was absent from a home.

[352] Generally police forces will not be liable in tort for failing to stop criminal acts,[353] but positive duties do exist to take preventative measures or properly investigate allegations.

[356] The law of trespass, as in Entick v Carrington,[357] traditionally protected against unjustified physical violations of people's homes, but given extensive powers of entry,[358] and with modern information technology the central concerns of privacy are electronic surveillance, both by the state and by private corporations aiming to profit from data or 'surveillance capitalism'.

[388] For instance, it was held that it was an unlawful breach of privacy for the Daily Mail to publish private journals of the Prince of Wales about the handover of Hong Kong to China stolen and leaked by a former employee.

The government and employers suppressed free speech through the French revolution and after the Napoleonic wars,[395] until the repeal of the anti-Catholic laws,[396] and the abolition of restraints on trade union organising, as well as throughout the British Empire.

[420] There is also 'qualified privilege' which gives a defence to defamation, but only if the writer asks the subject for an explanation or contradiction, for any legislative proceedings outside the UK, public enquiries, non-British government documents, and matters of an international organisation.

[425] Political parties, trade unions, social campaign groups, and businesses all associate freely in democratic societies, and take action upon that freedom, including through assemblies, strikes, or protests.

[442] Anomalously it was held in Hubbard v Pitt that an estate agent might be able to sue a group of protestors in the tort of private nuisance for giving out leaflets and displaying placards opposed to it, on the ground that frustrated its business.

[464] The United Kingdom has historically been at the forefront of guaranteeing social and economic rights through its legislative framework, common law,[465] and public services, although in recent history it has repeatedly fallen below international standards.

The "right to the benefits of scienctific progress",[471] which includes clean energy and transport, is nominally protected through UK programmes to reduce emissions under the Climate Change Act 2008 framework, but bans on coal, gas and oil have been slow to be introduced.

In Ahmed v HM Treasury the Supreme Court held that the United Nations Act 1946 section 1 did not confer on the Prime Minister the right to pass two orders that froze or seized funds of people designed by the UN Security Council as suspected terrorists without any possibility for review.

[490] In the best known case, Associated Provincial Picture Houses v Wednesbury Corporation, a cinema claimed that the council's requirement that it stop admitting children aged under 15 on Sundays after a local poll was unreasonable.

The judge refused because Elizabeth was classified as male at her birth, and the House of Lords held that, despite being 'profoundly conscious of the humanitarian considerations underlying Mrs Bellinger's claim', they could not interpret the statute compatibly (to give the word 'woman' a non-biological meaning), and so they instead issued a declaration of incompatibility.

At the Palace of Westminster , Parliament crowns the UK's constitution. The House of Commons represents around 65 million people in 650 constituencies . The House of Lords is still unelected but can be overruled. [ 1 ]
Roman Britain from 43 to 410 AD was governed under the Roman Constitution , subject to the Emperor.
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." [ 10 ]
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 .
The British Empire ended after WW2 as countries, where democracy and freedom were suppressed, demanded independence. The Commonwealth is now open to any country committed to peace, liberty, equality, and development, as in the Harare Declaration of 1991.
To demand democratic reform, the Chartists met on Kennington Common during the Revolutions of 1848 .
In French, parler means "to talk", and the old French developed into the English word "Parliament", painted by Claude Monet in 1904. Though not codified , the UK's constitution is written in hundreds of Acts of Parliament, court cases, and in documented conventions. Its essential principles, though continually evolving, are Parliamentary sovereignty , the rule of law , democracy and internationalism . [ 63 ]
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 . [ 79 ]
The UK was a European Union member, which commits to " human dignity , freedom , democracy , equality , the rule of law and respect for human rights ". [ 86 ] Winston Churchill had called for a United States of Europe and for the UK to be "at the centre". [ 61 ] The Brexit poll of 2016 demanded by Conservative backbenchers and supported by 51.89% of UK voters called the UK's EU membership into question.
The European Court of Human Rights , following common law principles, [ 103 ] 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. [ 104 ]
The most broadly accepted meaning of the rule of law , advocated by Lord Bingham , includes the principle of legality , human rights and commitment to democracy and international law . [ 100 ]
Parliament was recognised as a forum for the King for "common counsel" in Magna Carta , sealing a tradition going back to the Anglo-Saxon Witan .
Parliament, depicted here by J. M. W. Turner on fire in 1834, has been threatened by the Monarch and authoritarian governments by prorogation or suspension since its inception.
The 2016 United Kingdom European Union membership referendum challenged British membership of the European Union , as 27% of the British population voted to "leave": on a 72.21% turnout, 51.89% voted to leave, and 48.11% to remain. The referendum was unsuccessfully challenged as violating international law and common law standards of free and fair voting. [ 150 ] Ultimately the 2019 general election resolved the issue with a majority in Parliament committed to leave.
The British 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 Supreme Court , which moved to its modern home at Middlesex Guildhall in 2009, are web-streamed live, and judges no longer wear wigs.
The Supreme Court on Parliament Square .
The prime minister , at 10 Downing Street , exercises political power of the British government, when they command majority support of the House of Commons .
The task of the official opposition , currently led by Keir Starmer of the Labour 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 for denying the rights of Parliament .
British central government expenditure , 2016-17. Social protection includes pensions and welfare. [ 248 ]
Public services and enterprise, such as bus and communication networks, are overseen by the UK government, although many have been privatised, raising bills and prices.
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. [ 277 ]
The Scottish Parliament at Holyrood has 129 MSPs with extensive powers, including taxation.
Eleanor Roosevelt , one of its drafters, said the Universal Declaration of Human Rights "may well become the international Magna Carta " when it was released in 1948. [ 304 ] The Universal Declaration was recast in two International Covenants in 1966, treaties ratified by the UK.
Chief constables can grant limited powers to community support officers including giving a fixed penalty notice, [ 321 ] but not the wider search or arrest powers of police.
Government Communications HQ , part of British intelligence , is among the public bodies which can apply for warrants to put people under surveillance to detect serious crime. With the Investigatory Powers Act 2016 these powers have steadily grown.
The world's biggest tech corporations, particularly Facebook , Google , Amazon , Microsoft and Apple have vast databases on user behaviour. In 2016, a scandal broke as it was found Facebook and other data was illegally taken and used for psychologically targeted adverts in the 2016 Brexit poll . [ 371 ] The GDPR 2016 creates minimal data rights.
At Speakers' Corner of Hyde Park, London , here in 1944, people traditionally gather to exchange views, debate, and listen. Debating and free speech societies are found throughout the UK and regularly feature on TV. [ d ]
Extinction Rebellion protests in London .
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 .