Sources of British constitution
1 Historical documents
Magna Carta 1215
The Magna Carta, or “Great Charter,” was undoubtedly the most influential historical document among
other influences, on the long historical process that led to the rule of constitutional law in the UK today.
After King John of England broke a number of old rules and practises that had controlled England, his
subjects forced him to sign the Magna Carta.
It's main purpose was to protest against the arbitrary powers of king.
The English judge was also granted freedom from royal interferences.
One of the fundamental stipulations of the 1215 Charter was that no one should be imprisoned without
first going through the legal system. This also introduced the concept of a jury trial.
This successfully established the rule of law notion, which protects people from arbitrary punishment.
Petition of Right (1628)
The Petition of Right, which was passed on June 7, 1628, is an English constitutional instrument that
establishes explicit individual safeguards against the state
King Charles-I surrendered to the Petition of Right (1628), which featured protests against taxes without
Parliament’s authorisation, unjust detention, and military grievances.
Bill of Rights 1689:
It is an original Act of the English Parliament that has remained in Parliament’s possession since its
inception. The Bill established the ideals of frequent parliaments, free elections, and freedom of speech
in Parliament, which is now known as Parliamentary Privilege.
All of the Bill of Rights’ main principles are still in effect today, and the Bill of Rights is frequently
mentioned in judicial proceedings in the United Kingdom and Commonwealth countries. It occupies a
central position in a larger national historical narrative of papers that established Parliament’s rights and
established universal civil liberties, beginning with the Magna Carta in 1215.
Act of Settlement (1701)
The Act of Settlement of 1701 was enacted to ensure the Protestant succession to the crown and to
enhance the guarantees that a parliamentary system of government would be maintained.
2. Acts of Parliament :
An Act of the UK Parliament is an action or a step taken by the Parliament that enact new legislation or
modifies existing legislation. An Act is a Bill that has received Royal Assent from the Monarch after being
approved by both the House of Commons and the House of Lords. Acts of Parliament, when taken
collectively, make up what is known in the United Kingdom as Statute Law.
These acts of influential value which have a constitutional significance, include the Act of Habeas Corpus
(1679), the Act of Settlement (1701), the Reform Acts of 1832, 1867, 1884, 1918, and 1928, the
Parliament Acts of 1911 and 1949, and the West Minister’s Statute of 1931, among others.
3. Common Law
The third branch of law is common law. Common law, often known as case law or precedent, is a body
of law created by judges, courts, and other tribunals. It is one of the many sources of the unwritten
constitution of the United Kingdom. It will be mentioned in rulings that decide particular cases, but it
may also have precedential implications for future cases. The majority of the rights that the British
people have today are the result of legal battles.
4. Convention :
Constitutional conventions play an important role in the uncodified British constitution. Some
regulations are followed by the various constituent components despite the fact that they are not
written in any legally binding instrument. There are often underlying enforcing principles that are not
codified. A convention is a rule referring to strict behaviour that does not have the authority of law.
Certainly, repeated practice can become formalised as a norm of conduct and, in that sense, become
customs. Conventions are however obeyed by the people because they are extremely beneficial to the
government’s smooth operation. Written conventions include ‘the Cabinet Manual‘ and ‘the Ministerial
Code.’
5. Works of authority
On England’s constitutional law, legal authorities and notable jurists have written opinions. Arson’s Law
and Customs of Constitution, May’s Parliamentary Practice, and Dicey’s Law of Constitution are
considered authoritative commentaries on English constitutional law and practice.
6. Precedent:
1. Judgement should be given by competent court.
2. The decision should be made with prudence.
3. It is automatically binding on lower courts.