The Bill of Rights 1689: The Catholic King James II was defeated in the Revolution of 1688-89 and replaced by Mary II and William III (the Prince of Orange), who ruled jointly. The Bill of Rights essentially set the terms of his accession to the throne and was the result of negotiations between William and contemporary political leaders. It was a law of particular constitutional importance to firmly establish the authority and independence of Parliament vis-à-vis the monarch. Laws can no longer be suspended or abolished without the approval of Parliament. It also contained provisions to better protect the liberty and security of individuals. Thirdly, the United Kingdom became a member of the European Union under the European Communities Act 1972 and through the ratification of the Maastricht Treaty in 1992. The idea of a union had long been considered by European leaders, including Winston Churchill, who in 1946 called for a „United States of Europe” with Britain „at the centre.” [60] Union law has always been considered paramount in any conflict between Member States` laws in the limited areas in which it operates[86], but Member States and citizens take control of the scope and content of Union law, thus extending their sovereignty in international affairs through joint representation in the European Parliament, to the Council of Ministers. and the Commission. This means that since the UK is a member of the club, it voluntarily agrees to play according to the club`s rules. This principle was put to the test in R (Factortame Ltd) v.

SS for Transport, in which a fishing company argued that it should not be required to have 75% of UK shareholders, as stipulated in the Merchant Shipping Act 1988. [87] Under EU law, the principle of freedom of establishment provides that nationals of a Member State are free to set up and operate an undertaking throughout the Union without undue interference. The House of Lords held that EU law was not applied and was not applied because EU law was contrary to articles of the 1988 Act, as the Parliament had not clearly indicated its intention to derogate from the 1972 Act. According to Lord Bridge, „any restriction on its sovereignty accepted by Parliament when it passed the [1972] Act was entirely voluntary”. [88] It is therefore for the courts to apply EU law until Parliament clearly expresses its willingness to leave the EU under certain conditions. On the other hand, in R (HS2 Action Alliance Limited) v. Secretary of State for Transport, the Supreme Court ruled that certain fundamental principles of British constitutional law had not been interpreted by the courts as having been abandoned by membership of the EU or probably an international organisation. [89] In this case, a group protesting against the London to Manchester and Leeds high-speed line 2 claimed that the government had failed to properly comply with the 2011 Environmental Impact Assessment Directive by holding a parliamentary vote approving the plan. They argued that the directive requires open and free consultation, a requirement that is not met when a party whip forces party members to vote. The Supreme Court ruled unanimously that the directive does not preclude a party whip.

But if there had been a conflict, a directive could not interfere with the fundamental constitutional principle of the 1689 Bill of Rights that Parliament is free to conduct its business. In that regard, EU law cannot prevail over the fundamental principles of United Kingdom law. [90] Codified constitutions usually emerge after a major historical turning point, such as the granting of independence, revolution, defeat in war, or the complete collapse of the previous system of government. The United Kingdom has never experienced such a constitutional moment: it has not been defeated in war since 1066 and has experienced only one revolution in the 17th century (which spawned a short-lived written constitution, Cromwell`s instrument of government). Unlike the United States, where the Constitution is the „supreme law”, the British system does not have a clear concept of „superior law”: there is no clear distinction between what is a constitutional law and what is an ordinary law. It also means that there are no special procedures in the UK to amend the Constitution itself. If passed, a „constitutional law,” like any other law, can be repealed or amended by a simple majority in parliament. This is different from the situation in countries like the United States, where the Constitution is „enshrined” – meaning it must meet additional requirements to amend it. The British constitution can be changed relatively easily by the respective governments, which means that it changes more frequently than many other constitutions.

It is often said that the British Parliament is „sovereign”. This parliamentary „sovereignty” means that Parliament can enact or repeal any law without being constrained by a constitutional text. Since the vote to leave the EU, some have suggested that the UK faces a „constitutional moment” that could lead to a codified constitution. But the difficulties of agreeing on a written constitution should not be underestimated, and the democratic benefits of a written constitution should not be exaggerated. Many view the Magna Carta as people in other countries might see a „written” constitution. Although the extent of what he actually achieved in thirteenth-century England has often been overestimated, he undoubtedly represents an important point in the development of our constitutional system. Much of its impact has been achieved by inspiring and supporting future developments such as habeas corpus: that a person cannot be imprisoned without legal grounds. Moreover, it was five centuries before the existence of the United Kingdom and it was an English document (although written in Latin). Executive power is headed by the Prime Minister, who must have a majority in the House of Commons. The Prime Minister appoints a cabinet of persons who head each department and form Her Majesty`s Government.

The king himself is a ceremonial figurehead who royally accepts new laws. By constitutional convention, the monarch does not usurp the democratic process and has not refused Royal Assent since the Scottish Militia Act of 1708. Acts of the Parliament of the United Kingdom: Certain primary laws enacted by the British Parliament are an important source of aspects of the Constitution of the United Kingdom.