The History and Development of the British Constitution (AQA A-Level Politics): Revision Notes

The History and Development of the British Constitution

The British Constitution has evolved gradually over centuries through key laws, documents and political events. Understanding these constitutional milestones helps explain how the UK's political system functions today. When studying these historical developments, focus on their overall significance for the Constitution rather than memorising every historical detail.

Magna Carta 1215

Context and key provisions

Magna Carta (meaning 'Great Charter') was established in 1215 when King John faced a serious political crisis. His barons were rebelling against his rule, and to resolve the conflict, the king agreed to a charter that set out certain rights and principles. The document contained 63 clauses in total.

The most significant clause that remains relevant today concerns justice and fair trials. It states: "To no one will we sell, to no one will we deny or delay right or justice." This principle of equal access to justice became fundamental to the UK's legal system.

Magna Carta, the 'Great Charter', was signed by King John at Runnymede near Windsor on 15 June 1215

Significance of Magna Carta

Magna Carta represents the first formal attempt to limit the powers of the monarch and place them under the rule of law - the principle that everyone, including the king or queen, must obey the law. This concept remains central to British constitutional thinking today.

Medieval monarchs reissued the charter on several occasions, which helped establish its importance. Some clauses later influenced major international documents, including the American Declaration of Independence, the Universal Declaration of Human Rights and the European Convention on Human Rights. In this sense, Magna Carta serves as an important reference point for later constitutional developments.

Limitations of Magna Carta

However, the document's importance should not be overstated. Many of its terms were specific to the medieval period and are no longer relevant - only four of the original 63 clauses remain unrepealed today.

Magna Carta was essentially a peace treaty between the king and his barons, and an unsuccessful one at that. It was not intended as a breakthrough in human rights or a major shift in the balance of power. Most importantly, it said nothing about the rights of ordinary subjects - it applied only to 'free men', a limited category in medieval society. Later documents and laws proved more significant in developing the British Constitution.

Bill of Rights 1689

Context and key provisions

The Bill of Rights emerged from the Glorious Revolution of 1688, when King James II fled England. Parliament accused James of undermining parliament's role and independence, and attempting to restore Roman Catholicism as the state religion. Parliament then invited William and Mary from Holland to take the throne, but only on certain conditions.

The new monarchs had to accept the Bill of Rights, which became law in December 1689. Its key terms included:

• Frequent parliaments - parliament would meet regularly rather than at the monarch's discretion
• Free elections
• Freedom of speech within parliament, known as parliamentary privilege - MPs and peers could speak freely without fear of libel or slander charges
• No taxation without parliament's agreement - the monarch could not impose taxes without parliamentary consent

These provisions collectively established parliamentary sovereignty and created a parliamentary state.

Significance of the Bill of Rights

The Bill of Rights was clearly significant. Parliament has met every year since 1689, whereas previously it had been more of an occasional event than a permanent institution. The Bill established parliament's dominance over the monarchy - from this point forward, the monarch existed only on terms set by parliament. Further measures, such as the Act of Settlement 1701, built on this principle.

Parliamentary privilege continues to this day, protecting MPs and peers when they speak in parliamentary debates. The creation of a parliamentary state became an enduring feature of British politics, with parliament at the heart of the political system.

Limitations of the Bill of Rights

Despite its name, the Bill of Rights did not cover the rights of ordinary people, and certainly not women. The document said nothing about fundamental freedoms such as freedom of expression and belief for all members of society.

The notion of a 'parliamentary state' also needs careful consideration. Britain was far from democratic in 1689 - parliament consisted almost entirely of wealthy male landowners. True democratic developments would not occur until the Reform Acts from 1832 onwards. Women only achieved voting rights equal to men in 1928, more than two centuries after the Bill of Rights.

Act of Settlement 1701

Context and key provisions

The Act of Settlement largely followed up on the Bill of Rights. Its main aim was to ensure a Protestant succession to the throne. The Act achieved this by conferring the line of succession on descendants of Electress Sophia of Hanover, a distant relative of James I. All closer descendants had either died without children or were Roman Catholic.

Significance and limitations

This Act demonstrates how parliament had gained control over the monarchy. Parliament was now 'calling the shots' and setting the criteria for who could become monarch. Lineage and bloodline - traditionally the key features of hereditary monarchy - mattered less than meeting parliament's requirements for a Protestant heir.

However, the Act did nothing to move Britain towards a modern democratic state. Restricting the throne to one religious group seems deeply problematic from a twenty-first century perspective, contradicting principles of equality and fairness. While it showed parliament's power, it did not advance individual rights or democratic representation.

Parliament Acts 1911 and 1949

Context and key provisions

These Acts dramatically reduced the power of the House of Lords. In 1909, the unelected and Conservative/Unionist-dominated Lords broke with parliamentary convention by rejecting the Liberal government's 'People's Budget'. This caused a constitutional crisis.

After two inconclusive general elections in 1910, Parliament passed the 1911 Act, which:

• Ended the absolute veto of the Lords over legislation
• Restricted the Lords' power to delay bills to 2 years
• Prevented the Lords from delaying 'money bills' (budgets)

In 1949, the Act was modified to reduce the delay period to just 1 year.

Significance of the Parliament Acts

Both Acts significantly increased the democratic accountability of Westminster. The unelected chamber (the Lords) could no longer frustrate the will of the elected house (the Commons). In effect, any bill passed by the Commons would automatically become law after a year, regardless of Lords opposition.

This represented an important step towards a more democratic political system, ensuring that elected representatives had ultimate authority over law-making.

Limitations of the Parliament Acts

However, the Acts left much unfinished business. Neither addressed the fundamental issue that the upper chamber consisted almost entirely of unelected members who owed their place to the accident of birth.

Life peers were only introduced in 1958. Even the 1999 Blair reforms, which removed most hereditary peers, failed to introduce any elected element to the Lords. While the Lords had been 'neutered' (as Liberal politician David Lloyd George put it, calling it "Mr Balfour's poodle"), comprehensive Lords reform remains incomplete constitutional business.

European Communities Act 1972

Context and key provisions

This measure enabled the United Kingdom's accession to the European Economic Community (EEC), the forerunner to the modern European Union. Conservative Prime Minister Edward Heath negotiated the membership.

Although only 12 clauses long, the Act consumed around 300 hours of Commons debate. It passed its second reading by just 309-301 votes, showing that Euroscepticism has a long history in British politics.

Significance of the European Communities Act

This measure was undoubtedly important for the British Constitution. Under UK membership terms, all British legislation had to conform with European law. This represented an incursion into the principle of parliamentary sovereignty - the idea that Parliament is the supreme law-making body.

The Act was supplemented by further measures, such as the Single European Act 1987 and the Lisbon Treaty signed in 2007. During the UK's membership period, the EEC/EU became a major part of British politics and, indirectly, of the British Constitution. As the EU grew larger in membership and broader in scope, 1972 can be viewed as the starting point for the UK's often problematic relationship with Europe.

Limitations and temporary nature

However, although many criticised the erosion of parliamentary sovereignty, events between 2016 and 2020 showed that this loss was purely temporary. The Act was a classic example of 'what one parliament giveth, another taketh away'. With the EU Withdrawal Acts of 2018 and 2020, the 1972 Act was repealed, demonstrating that Parliament retained ultimate sovereignty throughout.

It's also worth noting that European law and EU membership, though very important in areas such as agriculture, fisheries and trade, had far less impact on other key policy areas such as defence and education. One could argue that the European Communities Act 1972 did not fundamentally change how the UK conducts domestic politics.