Cours LEA

CIVI BRITANIQUE

2 periods of war which ended in 1614 when they found the king was found guilty of treason. Struggle for power.

Act of Union has been signed between England and other nations living in the UK states. This Acts of unions came out in 1666, concurred by the Irish in 1232
Since James I became king, the 1707 Act of Union of Scotland led to parliamentary union between England, Wales and Scotland = Forming one Nation and on Parliamentary union and one Monarch -> Great Britain

In 1921, it’s the creation of the United Kingdom of Great Britain and Northern Ireland were born: on Parliament in Westminster

Between 1919-1921, Ireland was known as the Irish Republic (Northern Ireland = The Provence)

Britain is a constitutional monarchy: The head of state is the monarch (through succession)
The first-born child of the monarch is the first in line of succession.
(but the boy still takes presidency to the girl)

Common Wealth. Described as the first and only written constitution of the United Kingdom.

1660: Monarchy was restored. The parliament expected the new monarch to realize that the parliament was a real powerful force. The problem was that his ancestors believed in the divine right of kings and absolutism. If it’s god who choose you, you have full power to rule.

The Parliament in the other end has other ideas. Does not believe in it. It has clearly indicated that any monarch claiming absolute power would have a problem.

Habeas Corpus Act of 1679: It’s one of the foundation of the English Parliament. A judge must have any prisoner presenting in front of the court before that prisoner be send to prison. You cannot be in prison arbitrarily. You must be trialed in the Court. You must be presented and accused before a judge. If this does not happen, you should be released.

The law applies in the same way for all the British citizens.

All the British citizens right are the result of judgment made in an individual and impartial judgment. These rules made by independent judges are the foundation of people rights.

Bill of Rights: (in 1689) The first parliamentary legislation, Act of Parliament: reduce the power of the monarch. The beginning of Britain as a Parliamentary Monarchy. 3 fundamental ideas:

-Britain is a unitary state: a state where the power is defined by one central government. It mays gran certain power to local authorities. It may also decide to remove these powers of local authorities.

-where the rule of law and parliamentary sovereignty apply.
Parliament Sovereignty: Only the British Parliament has the right to make law, only that parliament can abolish or reform those laws.  

-and everything is rule by the crown of Great Britain

James II is replaced by a new monarch. William of Orange. His wife is daughter of the king. James is a catholic. William and his wife are protestants. The Parliament is made up of a massive majority of protestants. There is a great mistrust of Catholics.

Bill of Rights seen as major defining document. Britain now becomes a constitutional monarchy. This document confirms that William and Mary are now monarchs. However, they agree to certain conditions set by the parliament in the Bill Of Rights. The Parliaments now has supremacy over the King. Catholics cannot become kings.

Act of Union with Scotland: S and Britain become the United Kingdom.

Act of Union with Ireland: The English imposed it.

Great Reform Act: Only 5% could vote, then 7%.

2nd Reform Act: More and more people are given the right to vote.

Parliament Act: Only Parliament can pass or delete a law. Key moment that started the century. Basically, the liberal party and government wanted to change radically things. Conservative people wanted to block social reforms. In the end, the Liberal government passed a law that the king had to accept. This changed the parliament. The House of Commons is now the dominant chamber. The house of Lords can no longer veto something, it can delay it. Now, it can only delay legislation past two years.

The House of Lords can only vote and debate on a money bill in one month.

Representation of People Act: Women were given the right to vote. And all men aged over 21 can vote. Britain can declare itself a democratically represented parliamentary system.

2nd parliament act: The right to delay is reduced to 1 year.

European Community Act: UK signs a treaty that will change its government.

There are said to be 6 sources of the British Constitution: see the sheet.

The constitution and its different sources, natures and developments.

        I) The Origins

        The UK is seen as unique among western democracies because the British constitution is not one codified written document that defines the laws of the country. The way the country is governed or how different actors interact and intervene in the laws of the country. Indeed, some of those argue that Britain does not have a constitution at all. Particularly a written constitution. As we shall see, however, it would be more exact to say that various written documents in different forms and there are unwritten conventions all make the British constitution.

This constitution can be traced back to medieval times and has been adapted over the centuries in accordance with the changing historical and political backgrounds. Therefore, we can describe the constitution has having followed an evolutionary path rather than a revolutionary one.

                A) The nature of the constitution

        The British political system of governments is defined as a parliamentary government under a constitutional monarchy. There’s a political system in which an elected parliament with a government made of elected representatives governs the country and passed laws. These laws must be given the royal consent by the monarch. The monarch has limited powers. This includes the opening and closing of Parliament and signing new laws. We need to define two basics features of the constitution:

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