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Introduction

In modern nation-states, most of the


states have written and codified
constitution compiled in the form of
single document. But the constitution
of United Kingdom is unwritten,
uncodified and present in many
different historical documents and
texts. The origin of UK constitution
can be traced back to Anglo-Saxon
regime (400-1066AD). The institution
of Kingship-a single sovereign- was
born. The institution of local government was another important contribution of the Anglo-
Saxon period. The Norman conquest of England in 1066 marked a new development in the
growth of the British Constitution. The power of Royal family was increased during this period.
The king ruled with the help of the Great Council or Magnum Concilium the council was
consisting of royal officers, church dignitaries and other leading men of the kingdom. When the
Great Council was not in session, another small body called Curia Regis or Little Council
emerged out of the former. Major development in UK constitution happened in Thirteen
century when Magna Carta was signed by barons and King John in 1215. Magna Carta paved
way for future evolution. For the first time there was a check on unbridled powers of monarch.
The Baronial Council formed as the result of Magna Carta was first a consultative body then
changed into Parliament with the passage of time. From 13th century to 18th century, there had
been great evolutionary changes in UK. This period in UK history had seen infighting within
Church, Protestant Reformation, and Glorious Revolution. All these factors had a great Impact
over constitutional developments of UK. The Bill of Rights, the Act of settlement (1701), the Act
of Union (1707), the Parliament Act (1911) and some other acts played a significant role in the
development of the UK’s constitutional history.

What is Constitution?

A constitution is a set of rules for a government that sets out the power and responsibilities of
government’s institutions. A constitution puts checks and balances over the government.
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Constitutions organize, distribute and regulate state power. They set out the structure of the
state, the major state institutions, and the principles governing their relations with each other
and with the state’s citizen.

Why do we need a Constitution?

A constitution is important because it ensures political stability and order. It prevents a state
from chaos and violence. It provides governments with a pathway formed according to the
desires of the nation. A constitution may give a definition of a nation. A constitution is a
supreme law which is the basis of all other laws and legal codes. It protects the rights of its
nation and natives. It prevents abuse of power and empowers state’s institutions to protect
masses from state violence.

Historical Development of the UK Constitution


In the United Kingdom’s constitutional development there are some major events and Acts that
have shaped it. The details of those Acts are the following:

Magna Carta

By 1215, on account of long periods of unsuccessful overwhelming tax collection demands,


England's King John was looking down a conceivable resistance by the nation's powerful barons.
Under extreme pressure, he consented to a charter of liberties known as the Magna Carta (or
Great Charter) that would put him and the majority of England's future sovereigns inside a
control of law. Despite the fact that it
was not at first fruitful, the report was
reissued (with modifications) in 1216,
1217 and 1225, and in the long run filled
in as the establishment for the English
arrangement of customary law. It gave
veto power to the baronial council over
new taxes and established the legal
foundation of medieval parliament.
These medieval parliaments had
performed the following functions:

a) Voted on Tax matters

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b)heard petition from the public
c) occasionally impeached government officials
d) petitioned the king about their grievances

The way towards bicameral architecture


During the Fourteenth century, the concept of bicameral architecture came into being. Church
leaders and nobles started meeting separately with the king and they could discuss every

House of Lords in Stuart 1 reign

matter directly with the king. The town and country representatives were not included in those
meeting. This gave rise to an increase in the power of nobles and church leaders, they could
initiate any legislation on their own without local representatives. On legislation other than
taxation local representatives were not consulted. At this time the lower chamber was the
inferior body and the dominance of Lords continued till the eighteenth century.

The beginning of the Electoral process

During the fifteenth century, three different election statutes (1413, 1429, and 1445) were
adopted for choosing local representatives. These laws established procedures and
qualifications for the House of Commons. The 1413 law stated that all representatives should
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be the resident of that particular counties or communities they represented. The 1429 law
characterized suffrage rules by electing representatives. The specifications that were
mentioned in law were only qualified by 5 percent of the population. Through these different
laws process of election was introduced in Britain.

Great reform bill (1832), Second Reform Act (1867) and Third Reform Act (1884) extended the
franchise for parliamentary elections. Until 1918 only males were allowed to vote but the
Equal Franchise Act (1928) gave the right to vote to women.

King Henry VIII and Rise of Parliament

The sixteenth century was a turbulent phase of English history both intellectually and politically.
This phase has witnessed protestant reformation and fall of Catholics supremacy. King Henry VIII
was the main figure during this period. In his tenure, the authority of parliament was greatly
increased. Major acts that gave parliament great power and reduced the Church control are the
following:

The act of Appeal (1533)


This act made the crown the highest court in the land and it ended the appeals to Rome by
ecclesiastical courts.

The act of Supremacy (1534)


The Act of Supremacy made the Crown the “The supreme head of
Church” and this led to the formation of Church of England or
Anglican Church.
Acts of 1536 and 1539
In these subsequent acts, the lands and assets of the Church were confiscated for the King and
they put under the control of the King.

King Charles I and Triennial Act (1641)

Charles I, held the office in 1625 and in his first five years, he called parliament for three-time
because he wanted approval of parliament for more tax revenues. But the parliament did not
accept Charles request and in return submitted the Petition of Right, which listed the
grievances of parliament against Crown. Charles refused to accept the petition and did not call
parliament for one and a half decade. But in1640 he summoned parliament again at the
insistence of Scots. This time parliament was in more power and Charles was bound to give his

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assent on the new Triennial Act (1641). This act stated that the parliament has to be called once
in three years and allowed it to be self-calling if the king did not call it. For the first time,
parliament got autonomous status. By this parliament was strengthen and the power of King
was reduced.

Cromwell and Instrument of government

1649 to 1660 was a time of constitutional turmoil. During this period the medieval constitution
and parliament were dissolved. Monarchy was abolished. Oliver Cromwell was the Lord General
of the Parliament’s army. He decided to speed up the process of constitutional reforms and
dismissed Rump Parliament. He called a new parliament consisted of hundred and forty
members and in 1653 he announced his program how he would rule. And for this Instrument of
Government came into being. In this document there were three main branches of
government:
a) The Lord Protector
b) An advisory council
c) A unicameral parliament
Every legislation would be initiated from the parliament. But Lord Protector had a veto over any
legislation. Cromwell died in 1658, and with his death in 1660 the medieval parliament and
constitution were revived.

Bill of Rights
Bill of Rights was a major milestone in the constitutional history
of UK. It was passed in 1689 right after the Glorious Revolution of
1688. The bill ensured the right of speech in parliament, the right
to bear arms for self-defense, the right of fair trial, the right of
vote and contest elections. It has empowered the parliament that
only parliament could decide all matters related to the public. I
stated that parliament should be held frequently.
Original Document of Declaration of
Right

Act of Settlement (1701)

Essentially, the Act of Settlement was passed in 1701 to choose who might take the English and
Irish crowns following Queen Anne. The issue emerged on the grounds that Queen Anne, and
furthermore her sister Queen Mary, failed to deliver any surviving heir to take the position of
authority. The most

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legitimate beneficiary would be James VIII and III, child of the dismissed King James VII and II,
yet as a Catholic, this was not a road the administration wished to go down.
Rather, the Act of Settlement was passed. The demonstration excluded any individual who
turned into a Roman Catholic, or who wedded one, from acquiring the position of authority and
this expelled ton lines who were firmly identified with Queen Anne and the Stuart line. The Act
additionally fortified Parliament position by confining the ruler’s control. They are not
permitted to leave the country without Parliament's endorsement, nor are they ready to take
the nation into war without Parliament's understanding. In the end, it was chosen that Electress
Sophia of Hanover, a granddaughter of James VI and I, would be next in line to the position of
authority.

The Act of Union (1707)

The Acts of Union were a couple of Parliamentary Acts go in 1706 and 1707 by the Parliament
of England and the Parliament of Scotland. The Acts joined the Kingdom of England and the
Kingdom of Scotland (before it separate states, with discrete parliaments however with the
same Crown) into a single Kingdom of Great Britain. The joint monarchy started in 1603, with
the Union of the Crowns. There had been three unsuccessful endeavors in 1606, 1667, and
1689 to join the two states by the Acts of Parliament.
During 1707, The Scottish Parliament was abolished and 45 Scottish members join the “English”
Commons and 9 elected peers join the Lords.

The Parliament Act (1911, 1949)

The Lords has a veto power over the legislation by the House of Commons until the 20th
century. The powers of Lords became a burning question in 1909 when they refused to pass
People’s Budget. In 1911 when the government came into the power after new general
elections, they took the issue seriously and reduced the powers of Lords. The result was the
Parliament Act 1911, which removed from the House of Lords the power to veto a Bill. The Act
reduced the tenure of parliament from 7 years to 5 years and it also stated that the House of
Lords could only delay a Bill for two Sessions. There was further division of non-money bills and
money bills that could delay for two sessions and one session respectively. In 1949 the two
session veto over non-money bills reduced to one session by the parliament.

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Successive Events lead to development of the UK’s constitution

Conclusion
The United Kingdom’s constitution is called the Product of History by most of the historians. As
we start our journey to past we observe that this assessment is quite right. The constitution of
the United Kingdom has never been written in a particular time but it is the aggregate of
different historical acts, laws, statues and law court verdicts. From Magna Carta to present day,
the constitution goes through evolutionary changes and takes the existing shape.

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