Study guide: British Institutions and Constitutional Law

📋 Course Outline

1. British Law Foundations
2. Sources and Branches of Law
3. Rule of Law and Institutions
4. Constitutional Structure
5. Constitutional Sources and Principles
6. Monarchy and Royal Functions
7. Succession and Monarchical Regulation

📅 Key Dates

1. 1215The Magna Carta restricted the monarch, guaranteed political liberties to free men and established individual rights.
2. 1628Charles I raised money without Parliament’s approval and imprisoned opponents arbitrarily, while Parliament demanded limits on taxation, imprisonment and quartering soldiers.
3. 1689The Bill of Rights created a constitutional monarchy, free elections, regular parliaments and parliamentary freedom of speech.
4. 1701The Act of Settlement formed part of the legal framework restricting succession to the throne.
5. 1707, 1801The Acts of Union united England and Scotland and later added Ireland, creating a unitary state with one Westminster Parliament.
6. 1998The Human Rights Act incorporated the European Convention on Human Rights into British law.
7. 2010The Equality Act consolidated and strengthened anti-discrimination legislation.

📖 1. British Law Foundations

🔑 Key Concepts & Definitions

• British Law: The common law system governing England, Wales, Scotland and Northern Ireland, based on judicial precedents, statutes, custom and convention.

📝 Essential Points

• The main pillars are:

  • the Law
  • the Constitution
  • the Monarchy
  • Parliament
  • the Executive

• The key characteristics are: an unwritten constitution, parliamentary sovereignty, the rule of law, separation of powers between the legislative, executive and judiciary

💡 Memory Hook

L-C-M-P-E: Law, Constitution, Monarchy, Parliament, Executive

📖 2. Sources and Branches of Law

🔑 Key Concepts & Definitions

• Private Law: Deals with disputes between individuals or organizations, including disputes concerning contracts, torts, family matters, property and commerce.
• Public Law: Deals with issues between the state and individuals, including constitutional, administrative and criminal law.

📝 Essential Points

• The sources include:
  • common law based on judicial decisions
  • statute law enacted by Parliament
  • pre-Brexit European Union law
  • custom and convention
  • case law
  • equity law principles

💡 Memory Hook

Private law governs disputes between private parties, whereas public law concerns the state and individuals.

📖 3. Rule of Law and Institutions

🔑 Key Concepts & Definitions

• Rule of Law: Means that everyone, including leaders and government officials, is subject to the law and that no one is above it.

📝 Essential Points

• The principles include:

  • equality before the law
  • fair trial and justice
  • government accountability
  • protection of rights
  • clear and stable laws
  • independent and impartial application
  • prospective rather than retroactive laws

• The main institutions are: Parliament as the legislative body, the Judiciary including the Supreme Court, Court of Appeal and High Court, the Executive including the Prime Minister, Cabinet and government departments

💡 Memory Hook

Equal and independent application of law → rights protection and government accountability.

📖 4. Constitutional Structure

🔑 Key Concepts & Definitions

• British Constitution: An uncodified collection of statutes, legal conventions, judicial decisions and treaties that defines government functions, limits government power and outlines citizens’ rights and duties.

★ Must-know

• The British Constitution is:
  • uncodified
  • not entrenched
  • unitary

Further detail

• The British Constitution ensures separation of powers, parliamentary sovereignty and the rule of law while relying heavily on precedent and political customs.

💡 Memory Hook

The US Constitution is codified in one document, whereas the British Constitution is uncodified and spread across sources.

📖 5. Constitutional Sources and Principles

★ Must-know

• The constitutional sources include:

  • statutes
  • case law
  • conventions
  • authoritative works
  • international laws
  • European Union law before Brexit

• The three strands are:

  • accountability
  • clarity
  • predictability

Further detail

• Entick v Carrington (1765) established limits on executive power.

• In 2019, the UK Supreme Court ruled Boris Johnson’s prorogation of Parliament unlawful.

📖 6. Monarchy and Royal Functions

🔑 Key Concepts & Definitions

• Constitutional Monarchy: A system in which the monarch is head of state while elected Parliament holds the power to make and pass legislation.

★ Must-know

• The monarch’s duties include:

  • formally opening Parliament
  • granting Royal Assent
  • appointing the Prime Minister

• The royal prerogative includes: appointing and dismissing ministers, regulating the civil service, issuing passports, declaring war, making peace, directing the military, negotiating and ratifying treaties, alliances and international agreements

Further detail

• The monarchy symbolizes national identity, unity, continuity, stability and British values during crises or upheaval.

💡 Memory Hook

The monarch is head of state, whereas Parliament holds elected legislative power.

📖 7. Succession and Monarchical Regulation

📝 Essential Points

• Succession is determined by:

  • descent
  • sex
  • legitimacy
  • religion

• The Bill of Rights 1689 and Act of Settlement 1701 restrict succession to legitimate Protestant descendants of Sophia of Hanover who are in communion with the Church of England.

📌 Under the Regency Act 1937, if the sovereign is under 18 or incapacitated, the first person in the line of succession over 21, or over 18 if the heir apparent, and domiciled in the United Kingdom becomes regent.

📌 The monarch appoints as Prime Minister the person most likely to command the confidence of the House of Commons and acts on the Prime Minister’s advice in political matters.

💡 Memory Hook

Descent → legitimacy → religion → regency

📊 Synthesis Tables

Private and Public Law