The British constitution is not codified in a single document but can be found across various sources. It allows flexibility but some argue it should be codified for public access. Key principles include parliamentary supremacy, rule of law, and separation of powers among the legislative, executive, and judiciary branches. However, membership in the EU and international treaties have also impacted the UK legal system.

1. British Constitution
What is a Constitution?
A set of laws which set out how a country is governed.
Unlike the America Constitution the British one is not written down in one
single document. It is known therefore as an un-codified constitution. Can be
found in a variety of documents.
This allows for flexibility and change but some people believe it should be
codified to allow the public to access it more readily.

2. British Constitution
Rule of Law
• The rights of individuals are determined by legal rules.
• There can be no punishment unless a court decides a law has been broken.
• Everyone is subject to the law.
Supremacy of Parliament
• Parliament is the highest body, it can pass, repeal and alter any law.
Separation of Powers
• Legislative (Parliament) make laws.
• Executive (PM and Cabinet) put law into effect and plan policy.
• Judiciary (Judges) decide cases.
• Each of the three elements should be separate. Do you think this is the
case? How has the government tried to ensure this is the case?

3. The Law Making Process
Where does the idea for a law come from?
How is a law created?

4. Parliament is the supreme law making body, but the pressure to
create laws comes from lots of different sources.
Government
Before an election each party creates a manifesto, making
promises about what they will do if they win the election. This
includes laws they will make or alter.
There is no legal obligation for the government to implement their
manifestos.
Also set up independent Commissions to examine particular issues.
For example the findings of the Commission of Inquiry into Child
Abuse in Cleveland were used to assist in the writing of the
Children Act 1989.
Where does the idea for a law come from?

5. Law Commission
• Independent, permanent, full time law reform body.
• Review the law and look for areas that need reform.
• Advantages: Non-political, carry out a great deal of research,
expertise.
• Disadvantages: No obligation on government to follow
recommendations.
Where does the idea for a law come from?

6. Pressure groups
• Groups of people who ‘lobby’ MPs to introduce laws.
• Interest groups or Cause groups
• Interest groups: Further interest of a section of society.
National Farmers Union, British Medical Association, Law Society.
• Cause groups: Promote a particular idea or belief.
Greenpeace, RSPCA, Fathers 4 Justice, Jamie Oliver (school meals).
http://www.youtube.com/watch?v=K
Where does the idea for a law come from?

7. Media and Public Opinion
• Media can exert considerable amounts of pressure and bring
issues to public attention.
• Can support pressure groups.
• TV and radio have to have political balance but newspapers do
not.
• Media pressure can influence public opinion and lead to new laws
(Dangerous Dogs Act 1991, Sex Offenders Act 1997)
(NB – This isn’t always a good thing – DDA is one of the worst
drafted laws because of the speed with which Parliament wrote
the law to respond to public outrage at dog attacks on children.)
Where does the idea for a law come from?

8. Reaction to events
• Dunblane incident – Firearms (Amendment) Act 1997.
• Good Friday Agreement – Northern Ireland (Elections) Act 1998.
• 9/11 – Anti-Terrorism Crime and Security Act 2001
Individuals
• Join a political party or pressure group.
• Put forward comments at consultation stage.
• Write to your MP.
European Union Law and European Court of Human Rights
• International treaties/law bind the UK Parliament.
Where does the idea for a law come from?

9. How is a law created?
Bill
Green
Paper/
White
Paper
Act of
Parliament

10. How is a law created?
Green
Paper/
White
Paper
Consultation papers
Set out proposals and invite comments.
Green Papers – early in process, consultation
period usually 6 months, anyone can comment.
White Paper – sets out firm proposals after
taking into account Green Paper comments.
Support and aspiration: A
new approach to special
educational needs and
disability, March 2011.
Updated May 2012.

11. How is a law created?
Bill
Public
Bill
Private
Bill
Government
Bill
Private
Members’
Bill
50-60 Government Bills a year.
Around 100 Private Members’ Bill proposed, only around 10 are successful.

12. How is a law created?
House of
Commons
House of
Lords Royal Assent
Royal Assent
House of
Lords
House of
Commons

13. How is a law created?
First
Reading
Second
Reading
Committee
Stage
Report
Stage
Third
Reading
Bill starts in House of Commons
Passes to
House of
Lords

14. How is a law created?
First Reading
• Formality, announcement of new Bill.
• Title and main aims announced and copies distributed.
• No debate.
• Verbal vote to decide whether Bill should progress.
• Many Private Members’ Bills don’t go beyond this stage.

15. How is a law created?
Second Reading
• House debates the whole Bill, can be hotly contested.
• Take a vote on whether Bill should continue.
Committee Stage
• A Standing Committee examines each clause in the Bill in great
detail.
• Can make detailed amendments, some are technical to improve
language in the Bill others are intended to alter or destroy the
meaning and intention of the Bill.

16. How is a law created?
Report Stage
• The House as a whole reviews the amendments made at the
Committee Stage.
• Either accept or reverse amendments.
Third Reading
• Immediately after the Report Stage.
• Final draft of Bill is approved and passed to Lords.
http://services.parliament.uk/bills/

17. How is a law created?
The same process is then completed in the House of Lords.
Some small differences:
At Committee Stage the detailed examination of the Bill takes
place in the House not in a smaller Committee.
If the Lords amend the Bill in any way it must return to the
Commons.
The Commons can accept (90% are) or restore the Bill to its
original form.
If contested the Bill would then return to the Lords, can
become a to-and-for process.
Usually the Lords that gives in but if Parliament is near the end
of a session the Commons may accept the Lords’ amendments.

18. How is a law created?
If a Bill is still completing the process at the end of Parliament
most cannot be carried over. A small number of Bills are now
allowed to be carried over.
Parliament Act 1991 & 1949
If disagreement continues between the Commons and Lords the
Commons can overrule the Lords. If a Bill is passed in two
consecutive years in the Commons but defeated in the Lords the
Bill can be sent for Royal Assent without the Lords consent.
Only been used 4 times since 1949:
• War Crimes Act 1991 (Nazi war criminals)
• European Parliamentary Elections Act 1999 (European elections
procedure)
• Sexual Offences (Amendment) Act 2000 (legal act of gay sex)
• Hunting Act 2004 (banned hunting with dogs)

19. How is a law created?
Private Bills
• First and Second Reading are the same.
• Then goes to a special Private Bills Committee made up of
members from both Houses.
• Then returns to the floor with the Committee’s
recommendations.

20. How is a law created
Royal Assent
• Once a Bill has completed its journey through the Houses of
Parliament the Queen must give Royal Assent.
• This has become a ‘rubber stamp’ and as a politically neutral
person the Queen will always give consent.
• Monarch must support the policies of the current government.
• Meets with the PM once a week.

21. Passage of a Bill:
http://www.youtube.com/watch?v=rOl7Y1GeDVs
http://www.youtube.com/watch?v=z-Ni-h8R2d0&NR=1&feature=endscreen

22. How is a law created?
Use the information and diagrams to record the passage of a Bill.
Create your own diagram but in detail to explain the process.
Which are the key pieces of information? Can you be concise in
your explanation while still being accurate?

23. Parliamentary Supremacy?
Traditional view – Parliament is supreme, can make or unmake any
law.
However, the UK is now restricted by its EU membership and other
international treaties, such as the European Convention on Human
Rights.
If a new EU law is introduced the UK Parliament must respond.
Or if a case comes from the European Court of Human Rights this
can effect UK law.
Sutherland v UK led to the Sexual Offences (Amendment) Act
2000 bringing the legal act for gay sex to 16 years in line with
heterosexual sex.

24. MPs – an unpopular job?
Work as an MP:
http://www.videojug.com/interview/life-of-an-mp-2