Beginning Constitutional Law
Glossary
Act of Settlement 1701
An Act of the English Parliament settling the succession to the English and Irish crowns on the Protestant heirs of Princess Sophia of Hanover
Acts of Union 1707
Acts of the English and Scottish Parliaments which led to the creation Great Britain (comprising England, Scotland and Wales) and the Parliament of Great Britain at Westminster
Alternative Vote
An electoral system in which each voter ranks candidates in order of preference. Those rankings are then used to decide who is elected where no candidate secures 50% of voters’ first preferences
Anti-Terrorism, Crime and Security Act 2001
An Act of the UK Parliament which provided for, among other things, the indefinite detention of foreign nationals reasonably suspected to be terrorists
Bill of Rights 1689
An Act of the English Parliament setting out various limitations on the monarchy and asserting the powers and freedoms of Parliament
By-election
The election of a Member of Parliament in a single constituency to fill a vacant seat in the House of Commons which has arisen between general elections (e.g. through the death, bankruptcy or disqualification of the Member of Parliament elected at the most recent general election)
Cabinet
The group of senior Government Ministers who, collectively, decide Government policy
Civil Procedure Rules 1998
The codified rules of procedure for the civil courts of England and Wales. Part 54 contains the rules in relation to judicial review claims
Coalition government
A government in which members of different political parties co-operate to run the country
Codified constitution
A constitution whose rules have been organised into a single document
Constitution
A body of rules which establish, empower and limit the institutions of the State, and set out the fundamental rights of its citizens
Constitutional monarchy
A form of government in which the monarch is head of state, but is subject to legal limits imposed by a constitution
Constitutional Reform Act 2005
An Act of the UK Parliament which reformed the office of Lord Chancellor, abolished the judicial function of the House of Lords, and established the Supreme Court
Constitutional Reform and Governance Act 2010
An Act of the UK Parliament which made limited reforms to Royal Prerogative powers
Constitutional statute
A common law concept used to describe an Act of Parliament which the courts consider fundamentally to alter the relationship between citizens and the State
Convention
An unwritten rule of behaviour which, although not legally enforceable, sets expectations as to how people will behave in particular situations
The Crown
The reigning monarch, Her Majesty Queen Elizabeth II; and, collectively, Her Majesty’s Government, who exercise executive power on the Crown’s behalf
Damages
A court order that the defendant pays financial compensation to the claimant for their loss
Declaration
A court order, clarifying the legal position in relation to a particular matter
Declaration of incompatibility
An order made by the courts under section 4 of the Human Rights Act 1998, declaring that a provision of an Act of Parliament is incompatible with one or more of the provisions of the European Convention on Human Rights listed in Schedule 1 to the Human Rights Act 1998. Such a declaration does not change the law, i.e. the incompatible provision continues in force unless and until Parliament amends or repeals it.
Democracy
A form of government in which the powers to govern and make laws for a State are exercised by representatives elected by the State’s citizens
Devolution
The voluntary transfer of legal powers from central government to regional government
Discretionary remedies
Orders which it is in the court’s power to make, but to which the claimant is not entitled as of right – so the court has a choice as to whether to award them or not
Disproportionate
State or public body interference with fundamental rights which goes beyond the minimum interference necessary to achieve a legitimate policy aim – sometimes known as “using a sledgehammer to crack a nut”
A.V. Dicey
1835-1922; English constitutional theorist best known for writing An Introduction to the Study of the Laws of the Constitution (1885)
Dictatorship
A government controlled by one person (or a small group of people)
Ronald Dworkin
1931- ; American philosopher and constitutional scholar
Enrolled act rule
A common law rule that the courts will not enquire into the validity of the process by which an Act of Parliament was passed
Entrenchment
A clause within a codified constitution which protects it from change, either by prohibiting change or by requiring a special (and more difficult) law-making process to amend the constitution than would be required to change other laws
Equal Franchise Act 1928
An Act of the UK Parliament giving women electoral equality with men
European Communities Act 1972
An Act of Parliament incorporating the law of the European Union into UK domestic law
European Convention on Human Rights
An international treaty made in 1950, to protect human rights and fundamental freedoms in Europe
European Union
An economic and political union of 27 member states (including the United Kingdom), operating through a combination of supranational independent institutions and intragovernmental negotiated decisions.
European Union Act 2011
An Act of the UK Parliament which requires a UK referendum on amendments of the Treaty on European Union, or the Treaty on the Functioning of the European Union; and provides that EU law applies in the UK only by virtue of s.2(1) of the European Communities Act 1972
Executive
The government, and other bodies which run the country
Express repeal
A clause within an Act of Parliament which gets rid of specific provisions of an earlier Act of Parliament , changing the law
Federal
A system of government in which several states form a union with a central government, but retain their own powers government in certain fields
Fixed Term Parliaments Act 2011
An Act of Parliament which fixes the dates of General Elections at 5-yearly intervals from May 2015, and provides for circumstances in which early General Elections are required
First past the post
An electoral system in which the candidate who secures the largest number of votes in each constituency is elected to the legislature
General election
The simultaneous election by the eligible voters in each of the 650 constituencies in the United Kingdom of a single Member of Parliament to represent their constituency in the House of Commons
The Governance of Britain
A Green Paper issued by the Government in 2007 which proposed a national debate on the merits and possible content of a codified constitution, and the codification of prerogative powers
Government
The executive body which runs the United Kingdom, comprising the Prime Minister and other Ministers appointed by the Queen. Its functions include policy-making, proposing new laws and implementing existing laws.
Government of Wales Act 2006
An Act of the UK Parliament, devolving legislative power to the National Assembly for Wales and executive power to the Welsh Government
Green paper
An official Government consultation document, seeking the views of interested parties on a proposed new policy (and alternatives)
Guillotine motion
A proposal to restrict Parliamentary debate on a Bill so that it is completed by a fixed date or time, or within a certain number of sittings
Professor Peter Hennessy
1947-; English historian of government, now a member of the House of Lords (Baron Hennessy of Nympsfield)
Honours (Prevention of Abuses) Act 1925
An Act of Parliament which makes the sale of peerages and various other honours a criminal offence
House of Commons
The democratically elected House of the UK’s Parliament
House of Commons Disqualification Act 1975
An Act of Parliament which prohibits certain categories of people (e.g. judges and civil servants) from becoming MPs in the House of Commons
House of Lords
The appointed House of the UK’s Parliament
House of Lords Act 1999
An Act of Parliament reducing the number of hereditary peers in the House of Lords to 92
House of Lords Reform Bill
Legislative proposals to make the House of Lords a mostly elected chamber, abandoned by the UK Government in September 2012
Human Rights Act 1998
An Act of Parliament which incorporates provisions of the European Convention on Human Rights into the domestic law of the United Kingdom
Hunting Act 2004
An Act of Parliament which bans the hunting of wild mammals (e.g. foxes) with dogs in England and Wales
Identity Cards Act 2006
An Act of Parliament which provided for UK citizens to carry an individual National Identity Card, and for their biometric data to be stored on a national register. Subsequently repealed by the Identity Documents Act 2010
Implied repeal
A common law doctrine by which the courts, in the event of non-compatibility between the provisions of two different Acts of Parliament, give effect to the most recently enacted provision
Indictable offence
A criminal offence for which the accused can (or must) be tried in a Crown Court (includes all theft offence, and serious violence offences)
Independent Police Complaints Commission
An independent body which investigates serious complaints and allegations of misconduct against the police in England and Wales
Sir Ivor Jennings
1903-1965; British constitutional lawyer, wrote The Law and the Constitution (1959)
Judicial Appointments Commission
The independent statutory body, established by the Constitutional Reform Act 2005, responsible for selecting candidates for judicial office
Judicial review
A process by which citizens can apply to the courts to review a public body’s decision
Judiciary
The courts
Legislature
The law-making body
Localism Act 2011
An Act of Parliament which provides English local authorities with the power to do anything that an ordinary citizen can legally do
Magna Carta
Or “Great Charter”, 1215, in which feudal barons required the English monarch (King John) to proclaim various civil liberties (e.g. that citizens could not be punished unless by law) and to acknowledge limitations on the monarch’s own powers
Manifesto
A pre-election published declaration by a political party of the policies which will guide its members, and the goals it will seek to pursue, if elected
Margin of appreciation
The degree of latitude and discretion allowed to the State by the European Court of Human Rights in deciding whether interference with those rights is proportionate in the social and demographic context
Member of Parliament (“MP”)
The candidate elected by local voters to represent their constituency in the House of Commons
Ministerial and Other Salaries Act 1975
An Act of Parliament which limits the number of Ministerial salaries on the Government payroll to 109. The number of Ministers in the House of Commons is limited to 95 by s.2(1) of the House of Commons Disqualification Act 1975
Baron de Montesquieu
1689-1755; French political philosopher who wrote L’Ésprit des Lois (On the Spirit of the Laws) (1748)
National Assembly for Wales
The legislative body for Wales, created by the Government of Wales Act 1998 and re-constituted by the Government of Wales Act 2006
No confidence motion
A proposal in the House of Commons which, if passed by a simple majority of those voting, requires the Government to resign. If the Commons does not approve a new Government within 14 days of the motion being passed, then a General Election must be called (under s.2 of the Fixed Term Parliaments Act 2011)
Northern Ireland Act 1998
An Act of the UK Parliament establishing the Northern Ireland Assembly as the devolved legislature for Northern Ireland
Parliament
The law-making body for the United Kingdom
Parliament Acts 1911 and 1949
Acts of the UK Parliament restricting the power of the House of Lords to block legislation which has been passed by the House of Commons. The Lords can reject a Bill passed by the Commons in 2 consecutive Parliamentary sessions, after which the Commons can send it to the Queen for Royal Assent without the Lords’ consent.
Parliamentary sovereignty
A common law doctrine by which the courts unquestioningly accept and give effect to Acts of Parliament
Prerogative powers
Residual executive powers, formerly personal to the monarch and now in reality exercised on her behalf by the Government (also known as Royal Prerogative powers)
Primary sources
The law – case law and legislation
Prime Minister
In effect, the head of the UK Government – the most senior member of the Cabinet, who recommends the appointment and dismissal of other Cabinet Ministers to the Queen
Programme motion
A timetable for the progress of a Bill through Parliament
Proportional representation
An electoral system in which the share of seats which a political party secures in the election corresponds to its share of the vote
Proportionality
A doctrine, developed by the European Court of Human Rights and subsequently incorporated into English and Welsh common law, which requires State interference with fundamental human rights to be no more than necessary to achieve a legitimate policy objective
Purposive
A method of judicial interpretation used by the European Court of Human Rights which, in marginal cases, seeks to apply the spirit and purpose of the European Convention on Human Rights
Queen
The monarch, Head of State of the United Kingdom, currently Queen Elizabeth II (born 1926; reign 1952 - .)
Referendum
An invitation to the national electorate to vote “yes” or “no” in relation to a single issue question in order to accept or reject a proposal (usually, of constitutional importance)
Reform Acts 1832 and 1867
Acts of Parliament, extending the voting franchise
Registration of Political Parties Act 1998
An Act of Parliament creating a register of political parties in the UK
Regulation of Investigatory Powers Act 2000
An Act of the UK Parliament authorising public bodies to carry out electronic and other surveillance, and to intercept electronic communications, subject to certain procedural safeguards
Representation of the People Acts 1918 and 1948
Acts of Parliament which extended the voting franchise to all men over 21 and to women over 30 who met certain qualifications (1918) and subsequently all men and women over 21 (1948)
Representation of the People Act 1983
The key Act of Parliament governing voting rights today. Generally, entitles British citizens over the age of 18 to vote in Parliamentary elections.
Review of Executive Royal Prerogative Powers
A Government report, published in 2009, containing a consolidated (though non-legally binding) list of prerogative powers.
Royal Assent
The process by which the monarch signs off into law a Bill which has passed through both Houses of Parliament
Royal Prerogative
Residual executive powers, formerly personal to the monarch and now in reality exercised on her behalf by the Government
Rule of law
Essentially, the concept of government according to the law, i.e. the government itself is subject to legal limits, enforceable by the courts. See Chapter 2 for a wider discussion of the meaning of the rule of law.
Salisbury Convention
A non-legal rule of Parliamentary behaviour which expects the House of Lords not to vote against a Bill which was proposed in the Government’s election manifesto
Scottish Parliament
The legislative body for Scotland, created by the Scotland Act 1998
Secondary sources
Material written about the law - e.g. text books, commentaries, journal articles
Separation of powers
A political doctrine which requires there to be no overlap either in function or personnel, between the legislature, executive and judiciary
Speaker
Chairs debates between MPs in the House of Commons. Politically impartial.
Statutory Instrument
A form of delegated or secondary legislation made by Government Ministers under powers granted in primary legislation, e.g. Acts of the UK Parliament, Scottish Parliament or National Assembly for Wales
Statutory Instruments Act 1946
An Act of Parliament which governs the making of Statutory Instruments
Supreme Court
The highest court in the UK – the final court of appeal for all UK civil cases, and for criminal cases from England, Wales and Northern Ireland
Teleological
A method of judicial interpretation used by the European Court of Human Rights which, in marginal cases, seeks to apply the spirit and purpose of the European Convention on Human Rights
Treaty on European Union
The international Treaty establishing the institutions, membership and citizens of the European Union (signed at Maastricht in 1992, and subsequently amended by the Treaty of Lisbon, which came into force in 2009)
Treaty on the Functioning of the European Union
The international Treaty setting out the detail of the European Union’s functions and operations
Uncodified constitution
A constitution whose rules are found in multiple sources, rather than being organised into a single document
Unitary
A system of government in which power is concentrated in a central government, which decides how much power should be devolved to regional governments
United Kingdom (UK)
The United Kingdom of Great Britain and Northern Ireland – a State (i.e. a political organisation with an independent government and internationally recognised borders) comprising the four nations of England, Scotland, Wales and Northern Ireland
War Damage Act 1965
An Act of the UK Parliament retroactively removing the right to compensation for past acts of property destruction by the UK Government during World War II
White paper
An official Government document seeking feedback on detailed proposals for new legislation