Hoja de repaso: Understanding UK and US Constitutional Frameworks

📋 Course Outline

1. British constitution as unwritten patchwork
2. Act of Union and UK formation
3. Parliament Acts and House of Lords powers
4. European Communities Act and sovereignty
5. House of Commons and House of Lords roles
6. Bill stages in Parliament first to third reading
7. Common law history after Norman conquest
8. Equity and the chancellor’s remedies
9. US Congress structure House and Senate
10. US legislative powers and limits
11. US executive and impeachment removal
12. US judiciary and federal court jurisdictions

📖 1. British constitution as unwritten patchwork

🔑 Key Concepts & Definitions

• British Constitution : A body of rules that regulates government in the UK and sets the methods for exercising public power.
• Unwritten constitution : A constitution without a single document listing all the rules governing the British government.
• Rule of law : A principle that government actions must follow legal rules rather than arbitrary decisions.
• Constitutional patchwork : A system where constitutional rules come from multiple sources, many of them not written in one place.
• Statutes : Acts of Parliament that create binding rules and form major parts of the UK constitutional framework.

📝 Essential Points

• The term Constitution means top-level rules that public authorities must respect when acting.
• Britain is often said not to have a Constitution because there is no single written document listing its rules.
• The UK still has constitutional regulation through the rule of law even without one consolidated text.
• Statutes are key elements because they are rules arising from Parliament and sit at the top of the hierarchy.
• The patchwork includes both written and unwritten rules, so constitutional authority is spread across different sources.
• The Parliament is composed of the House of Commons, the House of Lords, and the Sovereign (King-in-Parliament).

💡 Memory Hook

Patchwork = “no single book, many stitched laws”: Constitution rules are scattered across statutes and other sources.

📖 2. Act of Union and UK formation

🔑 Key Concepts & Definitions

• Act of Union : A legal union that joined separate kingdoms into a single political entity under one state.
• UK formation : The process by which the United Kingdom became a unified state through political/legal consolidation.
• Constitutional monarchy : A monarchy where the monarch reigns but does not rule, with executive power limited by constitutional rules.
• Royal prerogatives : Residual powers belonging to the monarch that are now mostly exercised under constitutional rules and conventions.

📝 Essential Points

• The UK’s constitutional setup is a constitutional monarchy where the monarch symbolises sovereignty but executive rule is limited.
• The monarch is expected to be politically neutral while still having rights to consult, advise, and warn ministers.
• Royal assent is required for a bill to become law, meaning the monarch must sign the convention.
• Most royal prerogative powers are exercised by the Prime Minister without needing Parliament’s consent.
• The monarch meets the Prime Minister at least once a week in the usual constitutional practice.
• The House of Lords is the upper house and the House of Commons is the lower house, both located at Westminster.

💡 Memory Hook

Reign but don’t rule: monarch = symbol + assent; PM = practical power.

📖 3. Parliament Acts and House of Lords powers

🔑 Key Concepts & Definitions

• House of Lords : The House of Lords is the UK’s upper chamber that reviews and scrutinises legislation but cannot give a final veto.
• House of Commons : The House of Commons is the UK’s lower chamber with the final say on whether a Bill becomes law.
• Parliament Act 1911 : The Parliament Act 1911 reduced the House of Lords’ political powers, especially its ability to block Bills.
• Legislative delay : Legislative delay is the House of Lords’ remaining power to postpone a Bill for a limited time.
• House of Lords committees : House of Lords committees are groups that scrutinise legislation by broad subject areas rather than specific government departments.

📝 Essential Points

• The House of Lords cannot veto a Bill, so it cannot prevent a Bill from becoming law.
• The final decision on Bills always rests with the House of Commons.
• The House of Lords can delay a Bill and can ask the government and the House of Commons to think again.
• The maximum delay is 1 year for an ordinary Bill and 1 month for a financial Bill.
• The House of Lords legislative work is organised into committees that cover broad subjects rather than scrutinising a specific department.
• Historically, the House of Lords had more power, including many prime ministers being chosen from the Lords until the 19th century.

💡 Memory Hook

1911 = Lords lose veto; only timed delay remains (1 year ordinary, 1 month financial).

📖 4. European Communities Act and sovereignty

🔑 Key Concepts & Definitions

• Parliamentary sovereignty : Parliamentary sovereignty is the idea that Parliament is the highest legal authority in making and enforcing laws in the UK.
• Rule of sovereignty of Parliament : The rule of parliamentary sovereignty states that Parliament alone makes laws, can legislate on any subject, and its acts cannot be challenged in court.
• European Communities Act : The European Communities Act is the UK statute that linked UK law to European Community law, raising questions about how far sovereignty limits that effect.
• Judicial challenge to Acts of Parliament : Judicial challenge to Acts of Parliament is the attempt to contest the validity of an Act in court, which sovereignty principles restrict.

📝 Essential Points

• Parliament is the sole law-making body, so only Parliament can create laws.
• Parliament may make any law it wishes in any matter.
• No one can challenge an Act of Parliament in court.
• A challenge is barred even if the Act conflicts with a national convention.
• Sovereignty treats Acts of Parliament as legally final within the UK legal system.
• The sovereignty rule is presented as essential for understanding the UK constitutional order.

💡 Memory Hook

Sovereignty = Parliament only + any topic + no court challenges (3-part lock).

📖 5. House of Commons and House of Lords roles

🔑 Key Concepts & Definitions

• Prime Minister : The Prime Minister is the head of the UK government, ultimately responsible for government policies and decisions.
• Cabinet : The Cabinet is the group of the most important government ministers who lead major policy decisions.
• Shadow Cabinet : The Shadow Cabinet is the opposition’s counterpart to the official Cabinet, led by the leader of the opposition.
• Leader of the Opposition : The Leader of the Opposition is the head of the largest opposition party in the House of Commons and leads the shadow cabinet.
• Devolution : Devolution is the transfer of functions from the central UK government to regionally elected assemblies.

📝 Essential Points

• The Prime Minister is appointed by the Monarch, but in practice the Monarch follows the constitutional convention that the PM is the majority leader in the House of Commons.
• The government’s core role is to decide how the country is run, including policies, taxes, spending of public money, and delivery of public services like the NHS and police.
• Only the UK government can speak for the UK internationally, even though some powers are delegated to devolved institutions in Scotland, Wales, and Northern Ireland.
• If the House of Commons has a majority, the incumbent PM continues if their party again wins a majority; otherwise they resign and a new PM is formed by the new majority party.
• In a Hung Parliament, the incumbent PM stays and gets the first chance to form a government, possibly via coalition, minority government, or resignation followed by inviting the largest opposition leader to form a new PM

💡 Memory Hook

PM = majority in the House of Commons; Hung Parliament = incumbent first chance.

📖 6. Bill stages in Parliament first to third reading

🔑 Key Concepts & Definitions

• First reading : A bill’s first reading is the initial parliamentary stage where the bill is formally introduced.
• Second reading : A bill’s second reading is the stage where Parliament debates the bill’s main principles and purpose.
• Committee stage : A bill’s committee stage is where detailed examination and possible amendments are considered.
• Third reading : A bill’s third reading is the final parliamentary stage where the bill is debated before final approval.

📝 Essential Points

• First reading is mainly formal and does not involve detailed debate on the bill’s substance.
• Second reading focuses on whether the bill’s overall aims should be accepted by Parliament.
• Committee stage allows scrutiny of the bill’s details and enables amendments to be proposed.
• Third reading is the last chance for Parliament to debate the bill before it proceeds further.
• The sequence is designed to move from introduction, to principle, to detailed review, then final approval.

💡 Memory Hook

1st=Introduce, 2nd=Debate principles, Committee=Fix details, 3rd=Final approval.

📖 7. Common law history after Norman conquest

🔑 Key Concepts & Definitions

• Precedent : A precedent is a court pronouncement of law tied to particular facts that later courts may follow.
• Recio decidendi : Recio decidendi is the judge’s legal reason for deciding a case, and it is the part that can bind later courts.
• Obiter dictum : Obiter dictum is what a judge says beyond the necessary legal reason, and it does not create binding precedent.
• Binding precedent hierarchy : Binding precedent hierarchy is the rule that only higher-court decisions bind lower courts, so court structure controls precedent force.
• Equity : Equity is a body of remedies developed to achieve fairness when common-law writ procedures could not provide adequate relief.

📝 Essential Points

• Only the legal pronouncement connected to the case facts creates a precedent, not every remark made by a judge.
• Higher courts’ decisions bind lower courts, while lower courts’ reasoning does not bind higher courts in the reverse direction.
• A judge’s decision-making includes stating the outcome, discussing relevant law, and giving reasons that identify the recio decidendi.
• A precedent can be reversed when a higher court disagrees and overturns the earlier decision.
• A precedent can be overruled only by the supreme court, and it can also be abolished by Parliament through legislation.
• Equity remedies arose in the 14th century because the writ system was defective and often left plaintiffs without satisfying remedies.

💡 Memory Hook

Recio decidendi = “reason that decides” (binding); obiter dictum = “extra talk” (non-binding).

📖 8. Equity and the chancellor’s remedies

🔑 Key Concepts & Definitions

• Specific performance : Equitable remedy where the court orders a party to carry out the contract as promised.
• Rescission of the contract : Equitable remedy that cancels a contract so the parties can escape its effects after a qualifying defect.
• Injunction : Equitable remedy where the court orders someone not to do a particular act.
• Chancellor’s remedies : Equitable remedies developed by the chancellor to provide relief that common-law courts could not give.

📝 Essential Points

• Specific performance is used when damages are not the right outcome because the court compels actual performance of the contract.
• Rescission is sought when the contract was obtained by a lie, so the claimant wants the court to cancel the agreement.
• An injunction is a court order preventing a specific action, expressed as a prohibition rather than a damages award.
• Equity created specific performance as a new remedy to address breach by requiring the defendant to do what the contract requires.
• Equity’s rescission remedy is described as the right to cancel or resign the contract after discovering the other party’s deception.

💡 Memory Hook

Specific performance = “do the contract”; rescission = “undo the contract”; injunction = “stop the act”.

📖 9. US Congress structure House and Senate

🔑 Key Concepts & Definitions

• Congress : Legislative branch institution that makes federal laws and is composed of two chambers.
• Bicameral structure : Congress is split into two separate chambers, the House of Representatives and the Senate.
• House of Representatives : Lower chamber of Congress whose members are chosen by the people and serve as the main law-making body.
• Senate : Upper chamber of Congress with equal representation for each state and senators serving longer terms.
• Popular chamber : Nickname for the House of Representatives because its members are directly elected by the people.

📝 Essential Points

• Congress consists of a Senate and a House of Representatives.
• House members are elected every second year by the people of the states.
• House representation is proportional to each state’s population.
• Each state is guaranteed at least one House representative.
• The House is sometimes called the popular chamber or simply the House.
• House bills must be passed by the Senate and then agreed by the President before becoming law.

💡 Memory Hook

House = People + 2-year terms; Senate = States + 6-year terms.

📖 10. US legislative powers and limits

🔑 Key Concepts & Definitions

• Legislative immunity : Legislative immunity is a constitutional protection that shields Senators and Representatives from arrest and from being questioned elsewhere for speeches or debates.
• Power over the purse : Power over the purse is the rule that revenue-raising bills must begin in the House of Representatives.
• Enumerated powers : Enumerated powers are the specific fields listed in the Constitution that Congress is allowed to legislate on.
• Bills for raising revenue : Bills for raising revenue are legislation aimed at collecting money for the government and must originate in the House.
• Limits on Congress : Limits on Congress are constitutional restrictions on what Congress may not do, even though it has enumerated legislative authority.

📝 Essential Points

• Each Senator and Representative has one vote in their chamber.
• Members receive compensation set by law and paid from the U.S. treasury.
• Immunity from arrest applies during attendance and travel to and from sessions, except for treason, felony, and breach of the peace.
• Speech or debate in either House cannot be questioned in any other place.
• Revenue bills must originate in the House, but the Senate may propose or concur with amendments like other bills.
• After passing both chambers, revenue bills still require presidential agreement to become law (as with other legislation).

💡 Memory Hook

Immunity = “can’t be arrested (except 3) + can’t be questioned elsewhere”; Revenue bills = “House starts, Senate amends, President signs”.

📖 11. US executive and impeachment removal

🔑 Key Concepts & Definitions

• Impeachment : Impeachment is the formal process used to accuse a high federal official of serious misconduct.
• Executive removal : Executive removal is the consequence that can follow a successful impeachment process for a federal executive officer.
• Impeachment trial : Impeachment trial is the stage where the charges are considered under the constitutional procedure.
• Removal from office : Removal from office is the potential outcome that ends the official’s tenure after conviction in the impeachment process.

📝 Essential Points

• The provided material does not describe the impeachment procedure or the specific constitutional steps for executive removal.
• The provided material does not state which body removes an executive officer after impeachment.
• The provided material does not give the grounds for impeachment or the voting thresholds for conviction.
• The provided material does not mention any limits or additional penalties tied to impeachment beyond removal.
• No comparison between impeachment and another removal mechanism is provided in the source text.

📖 12. US judiciary and federal court jurisdictions

🔑 Key Concepts & Definitions

• Judicial power : Judicial power is the authority of courts to decide cases and to invalidate laws that conflict with the Constitution.
• Doctrine of constitutional review : Constitutional review is the courts’ power to declare statutes unconstitutional and therefore void them.
• Supremacy clause : The supremacy clause makes federal law prevail over conflicting state law.
• Federal court system : The federal court system is the hierarchy of US courts created by Congress to exercise federal judicial power.
• Circuit courts : Circuit courts are intermediate federal appellate courts that hear appeals from district courts within their circuits.

📝 Essential Points

• The Constitution’s judicial review power is treated as implied from Article 3 (federal judicial power) and Article 6 (Constitution as supreme law).
• Judges are bound by oath to respect the Constitution, and statutes are valid only if consistent with it.
• The US Supreme Court has final appellate authority to decide whether a statute matches the Constitution.
• The Judiciary Act of 1789 created the federal structure, including district courts and circuit courts.
• There are 13 circuit courts (12 regional plus 1 special jurisdiction) and 94 district courts in the federal system.
• Circuit courts sit in panels of 3 judges, while district courts are heard by a single judge; the Supreme Court sits with 9 justices in a panel of 9.

💡 Memory Hook

Judicial review = implied from Art 3 + Art 6; federal courts built by 1789; appeals go district → circuit → Supreme Court.

📅 Key Dates

Date	Event
1215	Magna Carta (limits monarch; consent for feudal tax; no arbitrary imprisonment/property deprivation)
1679	Habeas Corpus (reinforced rights against arbitrary/wrongful imprisonment)
1689	Bill of rights (fundamental powers of Parliament; end to many monarch prerogative powers)
1701	Act of settlement (independence of judges; succession—only a Protestant can rule)
1707	Act of Union (Scotland joined the UK)
1801	Act of Union (union between GB and Ireland)
1832 / 1867 / 1884 / 1928	Representation of the People Acts (redefined electoral system; expanded franchise)
1911	Parliament Act 1911 (reduced House of Lords power: abolished veto; limited delay)
1952	European Communities Act (UK member of the EEC; on 1st of January 1953)
1998	Human rights Act 1998 (transposition of European convention of human rights into English law)

📊 Synthesis Tables

House of Lords vs House of Commons (legislative power)

Chamber	Power on Bills	Limits/role
House of Lords	Cannot veto; can delay	Can ask government/HoC to “think again”; delay limited to 1 year (ordinary) / 1 month (financial)
House of Commons	Final say	If disagreement, final say belongs to the House of Commons; bill becomes law after delay period if no agreement

⚠️ Common Pitfalls & Confusions

1. Confusing “no Constitution” with “no rule of law”: Britain lacks a single written document, but constitutional rules still bind public authorities.
2. Thinking the House of Lords can block Bills permanently: after the Parliament Act 1911 it cannot veto, only delay for a limited time.
3. Mixing up Bill stages: first reading is mainly formal, second reading debates principles, committee stage amends details, third reading is final debate before approval.
4. Assuming every judge’s statement is binding precedent: only the recio decidendi tied to the facts creates binding precedent; obiter dictum does not.
5. Believing lower courts bind higher courts: binding precedent runs from higher courts to lower courts, not the reverse.
6. Forgetting the “rule of sovereignty of Parliament” third aspect: Acts of Parliament cannot be challenged in court, even if contrary to a national convention.
7. Confusing common law and equity: equity does not replace common law; it adds remedies (specific performance, rescission, injunction) when common law is inadequate.

✅ Exam Checklist

1. Define the British Constitution and explain why it is “unwritten” yet still operates through rule of law and a constitutional patchwork.
2. Identify statutes as acts of Parliament and state their top position within the patchwork constitutional elements.
3. List the constitutional monarchy features: monarch symbolises sovereignty, is politically neutral, royal assent is required, and most prerogatives are exercised by the Prime Minister under conventions.
4. Explain the Parliament composition (House of Commons, House of Lords, Sovereign/King-in-Parliament) and the role of the Sovereign in Parliament.
5. State the House of Lords legislative limits after the Parliament Act 1911: no veto, only delay, and the maximum delay periods for ordinary vs financial Bills.
6. Describe how House of Lords legislative work is organised into committees covering broad subject areas rather than specific government departments.
7. Explain the House of Commons role in practice: final say on Bills, MPs directly elected, and how the Speaker/discipline and voting divisions work.
8. Reconstruct the Bill stages in order (first reading, second reading, committee stage, report stage, third reading) and the purpose of each stage.
9. Explain the disagreement mechanism between the two Houses: Commons final say, Lords delay period (1 year/1 month), and what counts as a money bill.
10. Apply the “rule of sovereignty of Parliament” as three points: sole law-making body, can legislate on any matter, and no court challenge to Acts of Parliament.
11. Describe the British government structure (Prime Minister, Cabinet, junior ministers) and the PM’s constitutional convention appointment by the Monarch following the House of Commons majority.
12. Explain government formation in a Hung Parliament: incumbent PM stays first chance, then possible coalition, minority government, or resignation leading to inviting the largest opposition leader.
13. Define common law in its different meanings from the course (post-1066 development; opposed to equity; opposed to statute; case law system).
14. Explain the historical development of common law after the Norman conquest: royal courts, judges travelling to review local customs, and the eventual common customs across England after about 250 years (as stated).