Ficha de Revisão: Système constitutionnel et dévolution au Royaume-Uni

📋 Plan du Cours

Meanings and sources of common law
UK constitutional milestones and principles
Northern Ireland: origins, structure, and political challenges
UK court system and judicial opinions
Judges, solicitors, and barristers roles and qualifications
The UK's uncodified constitution and its sources
Key constitutional documents and parliamentary sovereignty
Role and powers of the monarch
Parliament: structure, functions, and legislative process
Devolution in the United Kingdom: models and political context
Devolution in Scotland and Wales: political developments and current status
Northern Ireland conflict, institutional design, and recent developments

📖 1. Meanings and sources of common law

🔑 Notions clés & Définitions

Common Law : A legal system primarily developed through judicial decisions and precedents rather than through statutes enacted by Parliament.
Including statutory and common : The two main sources of law in the UK legal system: statutes enacted by Parliament and judge-made law developed through judicial decisions.

📝 Points essentiels

Equity complements common law by addressing fairness and providing remedies not available under common law.
Judicial review allows courts to assess the legality of governmental actions and challenge parliamentary sovereignty in practice.

💡 À retenir

Equity complements common law by addressing fairness and providing remedies not available under common law.

📖 2. UK constitutional milestones and principles

🔑 Notions clés & Définitions

Glorious Revolution : Changement politique survenu en 1688-1689 au cours duquel le roi Jacques II fut expulsé et remplacé par Guillaume d'Orange, marquant la fin de l'absolutisme royal et l'établissement de la suprématie du Parlement.
Bill of Rights 1689 : Loi adoptée en 1689 qui définit la relation entre la Couronne et le Parlement, limitant les pouvoirs du monarque en interdisant notamment l'édiction de lois, la levée d'impôts ou le maintien d'une armée sans le consentement du Parlement.
Constitutional Monarchy : Système de gouvernement dans lequel le monarque est le chef d'État mais dont les pouvoirs sont limités par une constitution ou des lois, avec un Parlement souverain qui détient l'autorité législative suprême.
Parliamentary sovereignty : Principe constitutionnel selon lequel le Parlement peut légiférer sur n'importe quel sujet et aucune loi adoptée par un Parlement ne peut contraindre ou lier les Parlements futurs.

📝 Points essentiels

The Glorious Revolution (1688-9) ended royal absolutism and established parliamentary supremacy.
The Bill of Rights 1689 defined the relationship between Crown and Parliament, limiting the monarch's powers.
Page 13 / 81 Britain came close to creating a constitution in 1653 when Parliament wrestled power from the Crown. Under Oliver Cromwell as Lord Protector, a Council of State was created, and the country was governed for the first time under a formal Constitution called the Instrument of Government that was compiled during the Protectorate. For the first time, it united England, Wales, Scotland and Ireland under a single system of government. It detailed the roles, responsibilities and limitations of the Lord Protector, his Council of State (with 21 non-elected members) and Parliament (with 460 elected members representing all four constituent nations). But when the monarchy was restored under Charles II in 1660, all Acts of Parliament passed during the Republic were declared illegal, and the first written constitution and all acts passed since 1649 were cast aside as null and void. The question of who possessed sovereign power – the Monarch or Parliament? – animated English politics for centuries, and more particularly under the Stuart dynasty, whose reign was interrupted by the English Civil Wars and Commonwealth (1640-1660). James I, the first Stuart king, who reigned between 1603 and 1625) relied on the theory of the divine right of kings. It was in opposition to his successors that Parliament passed constitutional milestones such as the Petition of Rights (1628) or the Habeas Corpus Act (1679). Ultimately, the question was answered with the Glorious Revolution (1688-
Page 52 / 81 C. The Civil War and the Instrument of Government (1642-1660) After the Civil War (1642-1651), which was about issues of governance and religious freedom, and which pitted king against Parliament, a constitution called the Instrument of Government was established, and it united England, Wales, Scotland and Ireland for the first time. It set up a new political system in which the legislature, Parliament, was made of only one chamber of 460 elected members from the four nations. A Council of State, comprising 21 non- elected members, was created. It acted as the executive body of the Parliament and was chaired by Oliver Cromwell, the Lord Protector. It was the only time when the UK had a formal written constitution. This lasted until 1660, when the Republic was overthrown, Charles II became king, and all the legislative acts and the constitution of the Republic were declared null and void. D. Habeas Corpus Act (1679) However, as Charles II arbitrarily detained people without charges or trial, the Habeas Corpus Act was passed in 1679. It forbade arbitrary arrest and detention and imposed that a prisoner be brought to court for it to check that they were properly detained. E. The Glorious Revolution and the Bill of Rights (1689) Then, in 1689, during the Glorious Revolution, King James II, a Catholic, was declared to have abdicated by Parliament, and was replaced by

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L’évolution constitutionnelle britannique s’est construite autour de la fin de la souveraineté royale et de l’affirmation de la souveraineté parlementaire, notamment par la Glorious Revolution et la Bill of Rights.

📖 3. Northern Ireland: origins, structure, and political challenges

🔑 Notions clés & Définitions

Northern Ireland : A region of the United Kingdom characterized by a history of sectarian division and political conflict, with a devolved government established under the 1998 Belfast (Good Friday) Agreement, and subject to ongoing constitutional and political challenges including those arising from Brexit.
Direct Rule : In 2002, a spy scandal at Stormont collapsed power sharing, and direct rule from London lasted almost five years.

📝 Points essentiels

Between 1965 and 1970, Northern Ireland experienced escalating civil rights tensions and political unrest.
Direct Rule was imposed by the UK government as a response to deteriorating security and governance in Northern Ireland.
Internment without trial was introduced as a controversial security measure during the conflict.
LICENCE 2
ANGLAIS
COURS Devolution in Northern Ireland Northern Ireland’s system of devolution, established under the Belfast (Good Friday) Agreement of 1998, was introduced both as a constitutional response to long-standing division and as a means for inclusion and stability. Power-sharing, cross-community institutions, and the interplay of UK, EU, and local law are central to its functioning. Since Brexit, the Windsor Framework and mechanisms like the Stormont Brake have tested these arrangements. This chapter outlines how devolution operates in Northern Ireland, its institutional strengths and weaknesses, and the current political and constitutional debates surrounding it. 1. Origins and constitutional foundations Modern Northern Irish devolution is rooted in the Belfast Agreement (1998), which transferred a wide range of legislative and executive powers from Westminster to local institutions: the Northern Ireland Assembly and Executive. This built upon earlier attempts at self-government, such as the devolved parliament created by the Government of Ireland Act 1920, later suspended during the Troubles and replaced by periods of Direct Rule from London. The 1998 settlement institutionalized power-sharing to guarantee participation of both unionist and nationalist communities. Political scientist John McGarry describes this as consociationalism, a governance model
Consequently, in 1972, Westminster removed control of the security from the government of Northern Ireland and introduced Direct Rule.

💡 À retenir

Between 1965 and 1970, Northern Ireland experienced escalating civil rights tensions and political unrest.

📖 4. UK court system and judicial opinions

🔑 Notions clés & Définitions

Declaration of incompatibility : A formal statement issued by courts when a statute is found to conflict with the European Convention on Human Rights, signaling a need for legislative reconsideration without invalidating the law.
Supreme Court : The highest judicial authority in the UK, established in 2009 to replace the Appellate Committee of the House of Lords, functioning independently from the legislature.
Judicial Review : The process by which courts assess the legality of actions taken by public authorities, ensuring compliance with the law, but not challenging the validity of primary legislation.
European Court of Human : An international court based in Strasbourg that oversees the enforcement of the European Convention on Human Rights, to which the UK remains bound.

📝 Points essentiels

Before the Supreme Court's creation, the House of Lords served as the highest court in the UK.
The Supreme Court now functions as the highest judicial authority, separate from the legislature.
Courts can issue a declaration of incompatibility if legislation conflicts with the European Convention on Human Rights, but this does not invalidate the law.

💡 À retenir

Before the Supreme Court's creation, the House of Lords served as the highest court in the UK.

📖 5. Judges, solicitors, and barristers roles and qualifications

🔑 Notions clés & Définitions

King's Counsel : A status granted to experienced barristers as a mark of distinction, allowing them to wear silk gowns and exercise rights of audience in higher courts.
Judicial Appointments Commission : An independent body responsible for appointing judges, ensuring judicial independence by replacing direct appointments made solely by the monarch.
Crown Prosecution Service : A non-ministerial government department that conducts criminal prosecutions in the name of the Crown, representing the state in criminal cases.

📝 Points essentiels

Senior barristers may be appointed King's Counsel as a mark of distinction.
Judges are appointed through the independent Judicial Appointments Commission rather than by the monarch alone.
Criminal prosecutions are brought in the name of the Crown by the Crown Prosecution Service.

💡 À retenir

Senior barristers may be appointed King's Counsel as a mark of distinction.

📖 6. The UK's uncodified constitution and its sources

🔑 Notions clés & Définitions

The Constitution of the UK : A set of fundamental principles and rules governing the United Kingdom, derived from multiple sources including statutes, judicial decisions, conventions, and treaties, rather than a single written document.
Uncodified constitution : A constitution that is not contained in a single written document but is formed from various sources such as legislation, judicial precedents, conventions, and treaties.
European Convention on Human Rights (ECHR) : An international treaty that sets out fundamental human rights, which the UK remains bound by and whose provisions are incorporated into UK law through domestic legislation.
Human Rights Act 1998 : A UK statute that incorporates the European Convention on Human Rights into domestic law, requiring courts to interpret legislation compatibly with the Convention as far as possible under section 3.
British Constitution : The collective body of laws, principles, and conventions that regulate the governance of the UK, sourced from statutes, judicial decisions, conventions, and treaties rather than a single codified document.

📝 Points essentiels

The UK constitution is uncodified, relying on statutes, conventions, judicial decisions, and treaties.
The European Convention on Human Rights is incorporated into UK law through the Human Rights Act 1998.
UK law. This act allows UK courts to interpret legislation passed by parliament in a way that aligns with Convention rights, and enables individuals to bring human rights cases in domestic courts. More specifically, section 3 mandates that courts must interpret legislation, as far as possible, in a manner compatible with the European Court of Human Rights, and section 4 gives courts the power to issue a declaration of incompatibility if a statute is incompatible with the Convention. However, be careful: such declarations do not invalidate the statute. They only signal to parliament the need for legislative reconsideration. In the case Ghaidan v Godin-Mendoza (2004), the House of Lords (which at that time was still part of the judicial branch and still acted as the highest court of the UK) interpreted the Rent Act 1977 to apply equally to same-sex partners, using section 3 of the HRA to reinterpret the statute in a way consistent with the right to family life under the ECHR. As you can see, this case illustrates how judicial interpretation can lead to significant legal adjustments, balancing between legislative intent on the one hand and rights protection on the other. Constitutional Debates and Brexit The extension of judicial review has positioned UK courts as key interpreters of constitutional principles, particularly as statutory human rights protections and devolution
Section 3 to reinterpret the statute in a way consistent with the right to family life under the ECHR. At the time (see chapter 4), the House of Lords was part of the judicial branch too and had the function the current Supreme Court takes on. This case illustrates how judicial interpretation can lead to significant legal adjustments, balancing between legislative intent and rights protection. Note: CJEU (Luxemburg): Post-Brexit, the UK no longer subjects itself to CJEU jurisdiction, restoring full sovereignty over domestic law, but retaining some ties through Northern Ireland. ECtHR (Strasburg): The UK remains bound by the ECHR and the rulings of the ECtHR, meaning its sovereignty is partially limited in the field of human rights law, though there have been discussions about distancing from the court in the future. Brexit, Parliamentary Sovereignty, and Judicial Review Brexit reinforced parliamentary sovereignty by removing EU legal supremacy, yet it also raised questions about the judiciary’s role in interpreting complex political changes. The European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972 and ended the direct applicability of EU law in the UK. The Miller cases underscore the courts’ willingness to interpret constitutional principles to protect Parliament’s sovereignty and the democratic process, even in politically sensitive matters. R (Miller) v Secretary of State for Exiting the European Union (2017) or Miller I (2017): The Supreme Court ruled that Parliament, not the executive, must authorize the triggering of

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The UK's constitution is flexible and multifaceted, drawing on diverse sources rather than a single written document.

📖 7. Key constitutional documents and parliamentary sovereignty

🔑 Notions clés & Définitions

The UK Constitution : Principles and Evolution Since 1997 I.
Habeas Corpus Act 1679 : A statute that protects individual liberty by prohibiting unlawful detention and ensuring that detainees can challenge the legality of their detention before a court.
Parliamentary sovereignty : A constitutional principle establishing that Parliament can legislate on any subject, and no Parliament can pass laws that future Parliaments cannot change or repeal; courts interpret but cannot invalidate statutes.
Fundamental Documents : Historical statutes such as Magna Carta, the Petition of Rights, and the Habeas Corpus Act that serve as sources of the constitution and establish key legal protections.

📝 Points essentiels

The Bill of Rights 1689 established parliamentary authority over the Crown, restricting royal powers.
The Habeas Corpus Act 1679 protects individual liberty by forbidding unlawful detention.
Parliamentary sovereignty means no Parliament can pass laws that future Parliaments cannot change or repeal.
Page 12 / 81 c. Authoritative works These are classic writings on the constitution by scholars. Examples include Walter Bagehot’s The English Constitution (1867), Albert V. Dicey’s Introduction to the Study of the Law of the Constitution (1885), or Ivor Jennings’s The British Constitution (1967). d. Statute law Various Acts of Parliament, such as Magna Carta (1215), the Petition of Rights (1628), the Habeas Corpus Act (1679) or the Reform Acts of the nineteenth century are regarded as sources of the constitution. Another statutory source of the Constitution consists of the Scotland Act 1998, the Government of Wales Act 1998 and the Human Rights Act1998 which incorporates the ECHR (The European Convention on Human Rights) into British Law. In the case Thoburn v Sunderland City Council (2002), Lord Laws stated that these statutes, along with Magna Carta, the Petition of Rights and Habeas Corpus inter alia, are to be considered as having a constitutional standing. In the 2004 UK Supreme Court case Whaley v Lord Advocate, Lord Brodie described the Scotland Act 1998 along with the now repealed European Community Act 1972 as a “mini constitution”. Prior to the UK’s exit from the EU on the 31st January 2020, EU law was considered a key source of the British constitution as a result of the UK joining the then European Economic Community under the European Communities Act 1972. The
Page 13 / 81 Britain came close to creating a constitution in 1653 when Parliament wrestled power from the Crown. Under Oliver Cromwell as Lord Protector, a Council of State was created, and the country was governed for the first time under a formal Constitution called the Instrument of Government that was compiled during the Protectorate. For the first time, it united England, Wales, Scotland and Ireland under a single system of government. It detailed the roles, responsibilities and limitations of the Lord Protector, his Council of State (with 21 non-elected members) and Parliament (with 460 elected members representing all four constituent nations). But when the monarchy was restored under Charles II in 1660, all Acts of Parliament passed during the Republic were declared illegal, and the first written constitution and all acts passed since 1649 were cast aside as null and void. The question of who possessed sovereign power – the Monarch or Parliament? – animated English politics for centuries, and more particularly under the Stuart dynasty, whose reign was interrupted by the English Civil Wars and Commonwealth (1640-1660). James I, the first Stuart king, who reigned between 1603 and 1625) relied on the theory of the divine right of kings. It was in opposition to his successors that Parliament passed constitutional milestones such as the Petition of Rights (1628) or the Habeas Corpus Act (1679). Ultimately, the question was answered with the Glorious Revolution (1688-

💡 À retenir

Foundational constitutional documents enshrine parliamentary supremacy and fundamental legal protections in the UK.

📖 8. Role and powers of the monarch

🔑 Notions clés & Définitions

Royal Assent : A formal approval granted by the monarch to a bill that has passed both Houses of Parliament, which is required for the bill to become law; refusal of Royal Assent is now only theoretical.
Speech from the Throne : An address delivered by the monarch during the State Opening of Parliament, written by the government, which outlines the government's legislative agenda for the upcoming session.
Supreme Governor of the Church of England : A title held by the monarch since the reign of Henry VIII, representing the monarch's role as the head of the Church of England and symbolizing the union of church and state.

📝 Points essentiels

The monarch grants Royal Assent to bills, a necessary step for legislation to become law, though refusal is now theoretical.
During the State Opening of Parliament, the monarch delivers the Speech from the Throne outlining the government's legislative agenda.
Since Henry VIII, the monarch serves as Supreme Governor of the Church of England, symbolizing the union of church and state.
Parliament will then be convened following the result of the election. Dissolution should be distinguished from prorogation, which marks the end of a yearly session of Parliament. So a session of Parliament runs from the state opening of Parliament in May and ends the following year in May. D. The State Opening of Parliament and the King's Speech A key part of the state opening of Parliament is the King's Speech, which outlines the programme of new laws to be debated during the coming session. Obviously, it is government ministers who determine the content of the speech, but the ceremony itself reflects the king's continued role in the political system. Indeed, it is the only regularly occurring event that brings together all three parts of Parliament, namely the Crown, the House of Lords, and the House of Commons. E. Royal Assent Another significant function of the monarch is granting royal assent to legislation. This is the final stage of the legislative process of a law proposal, marking the passage of a bill into a valid law. Again, in practice, the monarch simply acts on the advice of government ministers. Well, no sovereign has refused to assent to a bill at least since the reign of Queen Anne in the early 18th century; it remains an open question as to whether the monarch could ever withhold royal assent to a bill. Given the constitutional convention is that the monarch
Article 6 of the European Convention on Human Rights. Nevertheless, the fusion of executive and legislative powers remains a defining feature of the UK’s Constitution. This concept is traditionally expressed by the phrase "Crown-in-Parliament" (or "King-in-Parliament"), which refers to the Monarch acting in Parliament’s legislative capacity. The three components of Parliament—the Monarch, the House of Lords, and the House of Commons—take part in the State Opening of Parliament. During this ceremony, which marks the formal beginning of a parliamentary session, the Monarch delivers the King’s Speech in the House of Lords while members of the House of Commons attend at the Bar of the House to hear the speech. Furthermore, the government sits in Parliament. Most ministers, including the Prime Minister, sit in the House of Commons, although some ministers are members of the House of Lords. The government is accountable to Parliament, and an important feature of the British Constitution is that the executive must retain the confidence of the House of Commons. Parliament’s principal role is to pass primary legislation (i.e., Acts of Parliament). Both Houses, as well as the Crown, participate in the legislative process. Parliament also debates current issues and scrutinizes the government’s work— this oversight function is known as parliamentary scrutiny. As the supreme law-making

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The monarch's constitutional role is largely ceremonial but essential in formalizing parliamentary processes and religious leadership.

📖 9. Parliament: structure, functions, and legislative process

🔑 Notions clés & Définitions

Functions : The main roles include legislating laws, representing the electorate, supervising the executive government, and formally approving legislation through Royal Assent.
House of Commons : The elected lower chamber of Parliament, whose members are chosen in general elections and which must maintain the confidence of the Parliament to support the government.
House of Lords : The upper chamber of Parliament, composed of life peers appointed by the monarch on the Prime Minister's advice, hereditary peers, and bishops, which reviews, amends, and can delay legislation passed by the Commons.
Legislative process : The procedure by which a bill is introduced, examined, and amended in both Houses of Parliament before receiving Royal Assent from the monarch to become an Act of Parliament.

📝 Points essentiels

Parliament consists of two Houses: Commons (elected) and Lords (appointed and hereditary).
The monarch prorogues Parliament and dissolves it on advice, controlling parliamentary sessions.
A bill must receive Royal Assent after passing both Houses to become an Act of Parliament.
Commons 1. First reading — a mere formality; the bill is formally submitted. 2. Second reading — the purpose of the bill is outlined by the relevant minister, debated at length, and then voted upon. 3. Committee stage — the bill goes to a standing committee of backbench MPs in the Commons, who will carefully scrutinise and amend the bill as required. 4. Report stage — the amended bill is reported back to the whole House of Commons. 5. Third reading — the bill is either passed or rejected by a vote in the Commons. C. Stages in the House of Lords Once the bill reaches this point, it must go through similar stages in the Lords, who can suggest further amendments or even vote against the proposal. The bill then goes back to the Commons to debate the Lords' amendments, and either accept or reject them. Controversial bills can often pass back and forth between the two houses several times, until either one house relents, or the Commons elects to simply override the Lords by invoking the Parliament Acts. D. Royal Assent The final stage is royal assent, which is a mere formality. That concludes our coverage of the UK legislature. Next week, we will be looking at the executive. Anglais

💡 À retenir

Parliament operates through a bicameral structure with defined legislative procedures and royal formalities.

📖 10. Devolution in the United Kingdom: models and political context

🔑 Notions clés & Définitions

Devolution : A constitutional arrangement within the United Kingdom that grants legislative powers to Scotland, Wales, and Northern Ireland, allowing them to govern certain domestic matters while remaining under the sovereignty of the UK Parliament.
Scotland Act 1998 : An Act of the UK Parliament that established the Scottish Parliament and defined its legislative competence, specifying the areas in which it can legislate and reserving other powers to Westminster.
Fixed-term Parliaments Act 2011 : Legislation that temporarily restricted the monarch's power to dissolve Parliament by fixing general elections every five years, until its repeal in 2022 restored the previous system allowing dissolution on the Prime Minister's advice.
Political actions when they undermine : High-level executive actions, such as prorogation or dissolution of Parliament, that can be subject to judicial review if they undermine Parliament's constitutional role in scrutiny and oversight.

📝 Points essentiels

The Scotland Act 1998 defines the legislative competence of the Scottish Parliament, limiting its powers.
The Fixed-term Parliaments Act 2011 temporarily restricted the monarch's power to dissolve Parliament, later repealed in 2022.
Article 6 of the ECHR, which guarantees a fair trial, and an infringement of the separation of powers, which is essential in a democracy. Parliament therefore passed the Constitutional Reform Act in 2005, which met fierce opposition from the Lords. The act introduced three major differences. First, a complete redefinition of the role, or many roles, of the Lord Chancellor. Prior to the reform, the Chancellor partook in the three branches of power: the legislative branch, as he was the speaker of the House of Lords; the executive branch, as he was a member of the cabinet; and the judicial one, as he was the head of the judiciary. Now, he is only charged with the good operation and independence of the courts. The second difference introduced by the reform was the creation of the UK Supreme Court to replace the Appellate Committee of the House of Lords at the apex of the court system. The judicial branch is now completely separated from the legislative one. Supreme Court justices are forbidden to sit in the House of Lords. The last difference is that now Supreme Court justices are selected by ad hoc committees convened by the Lord Chancellor. 3. The Fixed-Term Parliaments Act (2011) Another constitutional evolution of the political system was the FTPA, the Fixed-Term Parliaments Act, which was passed, remember, in 2011, and pursuant to which general elections are to be held every

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La dévolution illustre la gouvernance asymétrique du Royaume-Uni, équilibrant autonomie régionale et souveraineté parlementaire centrale.

📖 11. Devolution in Scotland and Wales: political developments and current status

🔑 Notions clés & Définitions

Scottish Parliament : The National Assembly for Wales were convened (for Wales) or reconvened for Scotland (as Scotland had enjoyed an independent parliament before its union with England and Wales in 1707).
Wales and Scotland : Two devolved nations within the United Kingdom with legislatures whose legislative powers have evolved over time, with the Welsh Senedd gaining increased authority reflecting political developments.

📝 Points essentiels

The Scottish Parliament has devolved powers but must legislate within its competence as defined by the Scotland Act 1998.
Devolved legislatures cannot legislate on reserved matters outside their competence.
Schedule 5 of the Act and include matters that pertain to "the Union of the Kingdoms of Scotland and England" and "the Parliament of the United Kingdom". The Scotland Act allows the Lord Advocate (who is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament) to refer to the Supreme Court any devolution issue which is not already the subject of proceedings. The question of the scope of the legislative competence of the Scottish Parliament was referred for interpretation to the Supreme Court. Their ruling was handed down on 23 November 2022. After acknowledging the fact that the Lord Advocate (in fact a Lady Advocate, Dorothy Bain) could indeed refer such a question to the UKSC, a unanimous court stated that such a Bill providing for a new referendum, could not lawfully be adopted by the Scottish Parliament without it acting outside of its competence. This ruling did not come as a surprise as, from a legal perspective, such a reasoning was to be expected. The support for independence in Scotland remains divided, with polls showing a roughly 50-50 split on independence. This division, coupled with the legal and political resistance from Westminster, makes immediate progress on the independence front challenging. In the 2024 UK general election, the political
Its purpose was to explore options for reforming the Thoburn v Sunderland City Council (2003) and in Whaley v Lord Advocate (2004), when the courts respectively decided that Magna Carta, the Petition of Right and Habeas Corpus all had constitutional value, and that the Scotland Act 1998, which devolved powers to the Scottish Parliament, together with the European Communities Act of 1972, was a "mini constitution." C.

💡 À retenir

La dévolution en Écosse et au Pays de Galles se caractérise par des pouvoirs législatifs en évolution, limités par la compétence statutaire.

📖 12. Northern Ireland conflict, institutional design, and recent developments

🔑 Notions clés & Définitions

Good Friday Agreement : Accord de 1998 qui a établi un système de dévolution en Irlande du Nord, incluant des institutions de partage du pouvoir pour répondre aux divisions politiques et communautaires.
Proportional representation : Système électoral utilisé en Irlande du Nord qui répartit les sièges à l'Assemblée de manière proportionnelle aux voix obtenues par chaque parti, favorisant ainsi une représentation équitable des différentes communautés.
Between Ireland and Northern Ireland : Remain part of the UK unless a majority of its people vote otherwise in a referendum.

📝 Points essentiels

The Good Friday Agreement established power-sharing institutions to address Northern Ireland's conflict.
Northern Ireland uses a proportional voting system to ensure fair representation in its Assembly.
Direct Rule from Westminster was imposed during periods of political instability in Northern Ireland.
LICENCE 2
ANGLAIS
COURS Devolution in Northern Ireland Northern Ireland’s system of devolution, established under the Belfast (Good Friday) Agreement of 1998, was introduced both as a constitutional response to long-standing division and as a means for inclusion and stability. Power-sharing, cross-community institutions, and the interplay of UK, EU, and local law are central to its functioning. Since Brexit, the Windsor Framework and mechanisms like the Stormont Brake have tested these arrangements. This chapter outlines how devolution operates in Northern Ireland, its institutional strengths and weaknesses, and the current political and constitutional debates surrounding it. 1. Origins and constitutional foundations Modern Northern Irish devolution is rooted in the Belfast Agreement (1998), which transferred a wide range of legislative and executive powers from Westminster to local institutions: the Northern Ireland Assembly and Executive. This built upon earlier attempts at self-government, such as the devolved parliament created by the Government of Ireland Act 1920, later suspended during the Troubles and replaced by periods of Direct Rule from London. The 1998 settlement institutionalized power-sharing to guarantee participation of both unionist and nationalist communities. Political scientist John McGarry describes this as consociationalism, a governance model
Page 79 / 81 The First Minister and the Deputy First Minister are chosen from the two largest parties in the assembly. Although they hold separate titles, they exercise equal authority and must govern jointly. The institutional rules were made to prevent domination by a single community. Members of the assembly are elected using the Single Transferable Vote (STV) system. Voters do not choose just one candidate — they rank several candidates in order of preference, and to get elected, a candidate must reach a minimum threshold of votes. If a candidate has more votes than needed, the surplus is transferred to voters' next choices. If a candidate performs poorly, they are eliminated, and their votes are transferred to other candidates. As a result, seats tend to be shared between several parties rather than captured by one single bloc. C. The Principle of Consent The Good Friday Agreement also introduced a crucial clause: the principle of consent. It states that Northern Ireland will remain part of the UK unless a majority of its people vote otherwise in a referendum. The UK is legally bound by this, and the Secretary of State for Northern Ireland has the authority to call such a referendum if it looks like majority support for reunification exists. This makes Northern Ireland unique in constitutional terms: its place in the Union depends explicitly on democratic consent. IV.

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The Good Friday Agreement established power-sharing institutions to address Northern Ireland's conflict.

🧩 Compléments de couverture

Détail source à réviser : 2 Anglais Anglais Page 1 / 81 TABLE DES MATIÈRES COURS Introduction to UK Law Common law, equity, and legal professions The British constitution: sources, history and principles The monarchy of the United Kingdom Constit (Source: "2 Anglais Anglais Page 1 / 81 TABLE DES MATIÈRES COURS Introduction to UK Law Common law, equity, and legal professions The British constitution: sources, history and principles The monarchy of the United Kingdom Constitutional reforms in the UK since 1997 Parliament Executive Devolution in Scotland Devolution in Wales Devolution in Northern Ireland")
Détail source à réviser : that courts must interpret legislation, as far as possible, in a manner compatible with ECHR rights. Section 4 gives courts the power to issue a declaration of incompatibility if a statute is incompatible with the Conven (Source: "that courts must interpret legislation, as far as possible, in a manner compatible with ECHR rights. Section 4 gives courts the power to issue a declaration of incompatibility if a statute is incompatible with the Convention. However, such declarations do not invalidate the statute; they signal to Parliament the need for legislative reconsideration. In")
Détail source à réviser : Union. It was designed to repeal the European Communities Act 1972, which had incorporated EU law into UK law. It also provided for the transposition of EU law into domestic law, ensuring continuity in legal arrangements (Source: "Union. It was designed to repeal the European Communities Act 1972, which had incorporated EU law into UK law. It also provided for the transposition of EU law into domestic law, ensuring continuity in legal arrangements immediately after Brexit. The repeal of this Act means that Parliament now has supreme authority over UK law without being bound by")
Détail source à réviser : to the civil law system applicable on the continent. It is characterised by the centrality of case law, also known as judicial precedents or judge-made law 1 . This system was first established during the Middle Ages in (Source: "to the civil law system applicable on the continent. It is characterised by the centrality of case law, also known as judicial precedents or judge-made law 1 . This system was first established during the Middle Ages in England (and then Wales), and grew out of circumstances specific to that geographical area. Although early English kings had some authority")
Détail source à réviser : were merged into one set of courts. From this moment onwards, the former distinction between common law and equity courts became irrelevant. However, a distinction still exists between the granting of legal (common law) (Source: "were merged into one set of courts. From this moment onwards, the former distinction between common law and equity courts became irrelevant. However, a distinction still exists between the granting of legal (common law) and equitable remedies by the court. Equitable remedies are granted at the discretion of the judge following settled equitable")
Détail source à réviser : mostly used by companies (banks, etc.) which have an in- house legal department already familiar with instructing counsel. Experienced barristers who are experts in their area of law may be appointed by the King as King’ (Source: "mostly used by companies (banks, etc.) which have an in- house legal department already familiar with instructing counsel. Experienced barristers who are experts in their area of law may be appointed by the King as King’s Counsel or KC (formerly as Queen's Counsel or QC). Barristers who become KCs are said to take silk as their gowns are made of silk")
Détail source à réviser : rare. Other ABSs are simply law firms which wanted to appoint non-lawyer managers. The records of the Solicitors Regulation Authority suggest that early fears that ABS would lead to more ethical breaches amongst legal pr (Source: "rare. Other ABSs are simply law firms which wanted to appoint non-lawyer managers. The records of the Solicitors Regulation Authority suggest that early fears that ABS would lead to more ethical breaches amongst legal professionals have not been realised. However, the long-term impact of the introduction of ABSs remains to be seen. 1. The term ‘common")
Détail source à réviser : a result of the UK joining the then European Economic Community under the European Communities Act 1972. The repeal of this legislation, which had established the supremacy of EU law over UK domestic law, formally ended (Source: "a result of the UK joining the then European Economic Community under the European Communities Act 1972. The repeal of this legislation, which had established the supremacy of EU law over UK domestic law, formally ended the constitutional relationship between the two legal systems. The European Union (Withdrawal) Act 2018 transferred EU law into UK law and")
Détail source à réviser : English throne and replaced by his Protestant son-in-law, William of Orange, a Dutch Prince. No blood was shed in the process; Parliament declared that James II had “abdicated”, the former king fled the country, and no r (Source: "English throne and replaced by his Protestant son-in-law, William of Orange, a Dutch Prince. No blood was shed in the process; Parliament declared that James II had “abdicated”, the former king fled the country, and no resistance was opposed to William of Orange. William, in turn, agreed to ratify the Bill of Rights. Contrary to its American equivalent,")
Détail source à réviser : Queen Victoria. Shortly before her death in 2022, she celebrated her Platinum Jubilee, an occasion for the British public to express deep affection for a sovereign widely regarded as a beloved figure. The title of monarc (Source: "Queen Victoria. Shortly before her death in 2022, she celebrated her Platinum Jubilee, an occasion for the British public to express deep affection for a sovereign widely regarded as a beloved figure. The title of monarch is inherited through primogeniture. Until the Succession to the Crown Act 2013, male-preference primogeniture applied, meaning that")
Détail source à réviser : receive Royal Assent to become an Act of Parliament. Although the monarch theoretically retains a veto, it has not been exercised since Queen Anne refused assent to the Scottish Militia Bill in 1708. In modern constituti (Source: "receive Royal Assent to become an Act of Parliament. Although the monarch theoretically retains a veto, it has not been exercised since Queen Anne refused assent to the Scottish Militia Bill in 1708. In modern constitutional practice, refusal would occur only on government advice. III) Role in the Judiciary Justice is administered in the monarch's name.")
Détail source à réviser : the direct election of a mayor for the capital city metropolitan area. Ken Livingstone was elected as mayor in 2000, and was replaced by Boris Johnson in 2008, followed by Sadiq Khan in 2016. The Local Government Act 200 (Source: "the direct election of a mayor for the capital city metropolitan area. Ken Livingstone was elected as mayor in 2000, and was replaced by Boris Johnson in 2008, followed by Sadiq Khan in 2016. The Local Government Act 2000 aimed to reform English local governments, by giving more powers to local authorities in economic, social, and environmental matters, and")
Détail source à réviser : 2011, which provided for general elections in the House of Commons every five years, beginning in 2015. Prior to the Act, the prime minister had the de facto power to call an election at will by requesting a dissolution (Source: "2011, which provided for general elections in the House of Commons every five years, beginning in 2015. Prior to the Act, the prime minister had the de facto power to call an election at will by requesting a dissolution of Parliament from the monarch. Pursuant to this act, snap elections (early general elections) could be called when the government lost a")
Détail source à réviser : of Commons (the lower house). The Houses of Parliament are located in the Palace of Westminster in London, where Parliament has met since the Middle Ages. Fusion of Powers and Parliamentary Sovereignty The Westminster pa (Source: "of Commons (the lower house). The Houses of Parliament are located in the Palace of Westminster in London, where Parliament has met since the Middle Ages. Fusion of Powers and Parliamentary Sovereignty The Westminster parliamentary system is based on a fusion of powers, meaning that the executive and legislative branches are closely connected, unlike in")
Détail source à réviser : the national popular vote does not always correspond closely to the distribution of seats in Parliament. Although the FPTP system may disadvantage smaller parties and contribute to the dominance of two large parties, its (Source: "the national popular vote does not always correspond closely to the distribution of seats in Parliament. Although the FPTP system may disadvantage smaller parties and contribute to the dominance of two large parties, its supporters argue that it produces shorter and less costly election campaigns and tends to promote political stability by facilitating")
Détail source à réviser : by the Labour government of Tony Blair. This legislation removed most hereditary peers from the House of Lords. However, 92 hereditary peers were allowed to remain, and vacancies among them are filled through by-election (Source: "by the Labour government of Tony Blair. This legislation removed most hereditary peers from the House of Lords. However, 92 hereditary peers were allowed to remain, and vacancies among them are filled through by-elections among hereditary peers. Although the House of Lords is unelected, political parties remain strongly represented. However, a number of")
Détail source à réviser : particularly during the State Opening of Parliament. During this ceremony, the monarch reads the King’s Speech (formerly the Queen’s Speech), which is written by the government and outlines its legislative programme for (Source: "particularly during the State Opening of Parliament. During this ceremony, the monarch reads the King’s Speech (formerly the Queen’s Speech), which is written by the government and outlines its legislative programme for the coming parliamentary session. The British constitution is based on the principle that Parliament is sovereign. Unlike many countries,")
Détail source à réviser : Democrat coalition government. Clegg was given special responsibility for political and constitutional reform but failed to implement significant changes, such as replacing the first-past-the-post voting system or reform (Source: "Democrat coalition government. Clegg was given special responsibility for political and constitutional reform but failed to implement significant changes, such as replacing the first-past-the-post voting system or reforming the House of Lords. The role was abolished when the coalition ended in 2015. The Cabinet The Cabinet is the central decision-making")
Détail source à réviser : promises, and simple majority referenda in Wales and Scotland held in September 1997. In 1999, the Scottish Parliament and the National Assembly for Wales were convened (for Wales) or reconvened for Scotland (as Scotland (Source: "promises, and simple majority referenda in Wales and Scotland held in September 1997. In 1999, the Scottish Parliament and the National Assembly for Wales were convened (for Wales) or reconvened for Scotland (as Scotland had enjoyed an independent parliament before its union with England and Wales in 1707). Despite devolution, the British Parliament can")
Détail source à réviser : majority in 2011 promising to hold a referendum on independence. In 2012 an agreement between the Scottish First Minister and then Prime Minister David Cameron paved the way for a referendum to be held on Scottish indepe (Source: "majority in 2011 promising to hold a referendum on independence. In 2012 an agreement between the Scottish First Minister and then Prime Minister David Cameron paved the way for a referendum to be held on Scottish independence in September 2014. In the debate over Scottish independence, questions raised included its status within the EU and NATO")
Détail source à réviser : with Scotland. They are advocating for more powers over the economy and resources, framing independence as a solution to systemic inequalities in funding and governance. The Independent Commission on the Constitutional F (Source: "with Scotland. They are advocating for more powers over the economy and resources, framing independence as a solution to systemic inequalities in funding and governance. The Independent Commission on the Constitutional Future of Wales was established by the Welsh Government at the end of 2021. Its purpose was to explore options for reforming the UK's")
Détail source à réviser : to the Assembly and Executive), reserved matters (which may be devolved later), and excepted matters (retained permanently by Westminster). 2. Structure and mechanisms The Northern Ireland Assembly comprises 90 Members o (Source: "to the Assembly and Executive), reserved matters (which may be devolved later), and excepted matters (retained permanently by Westminster). 2. Structure and mechanisms The Northern Ireland Assembly comprises 90 Members of the Legislative Assembly (MLAs), elected from 18 constituencies. The Executive (Cabinet) is formed using the d’Hondt method,")
Détail source à réviser : UK VAT rules, but EU law influences the treatment of cross-border goods. Certain VAT exemptions or thresholds differ between NI and the Republic of Ireland. Businesses trading across the border risk penalties if they mis (Source: "UK VAT rules, but EU law influences the treatment of cross-border goods. Certain VAT exemptions or thresholds differ between NI and the Republic of Ireland. Businesses trading across the border risk penalties if they misinterpret which rules apply. • Agricultural and Environmental Standards: EU rules still govern areas like pesticides, animal welfare,")
Détail source à réviser : Paramilitary groups sprung up on both sides and the nationalist Provisional IRA (Irish Republican Army) became more and more active. In August 1971, in an attempt to quell the unrest, Northern Irish authorities introduce (Source: "Paramilitary groups sprung up on both sides and the nationalist Provisional IRA (Irish Republican Army) became more and more active. In August 1971, in an attempt to quell the unrest, Northern Irish authorities introduced the policy of Internment (i.e. the detention of suspects without trial and violent forms of police questioning). The tensions reached")
Détail source à réviser : elected members, known as Members of the Legislative Assembly (MLAs). The First Minister is chosen by the largest party and the Deputy First Minister by the second largest party after an election. Even though the Assembl (Source: "elected members, known as Members of the Legislative Assembly (MLAs). The First Minister is chosen by the largest party and the Deputy First Minister by the second largest party after an election. Even though the Assembly has managed to work, it has been suspended six times, the longest period being for nearly five years between 2002 and 2007. At")
Détail source à réviser : issues, including planning • Transport Employment and skills Local government Justice and policing • Education Economic development • Equal opportunities Anglais Page 41 / 81 LICENCE 2 • ANGLAIS Vidéos Anglais Page 42 / (Source: "issues, including planning • Transport Employment and skills Local government Justice and policing • Education Economic development • Equal opportunities Anglais Page 41 / 81 LICENCE 2 • ANGLAIS Vidéos Anglais Page 42 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 1. Introduction and Fundamental Principles Good morning. Today's lesson will be an introduction")
Détail source à réviser : political actions when they undermine parliament's role. Devolution A last issue that underscores parliamentary sovereignty is that of devolution. Indeed, since the Scotland Act 1998, the Government of Wales Act 1998 and (Source: "political actions when they undermine parliament's role. Devolution A last issue that underscores parliamentary sovereignty is that of devolution. Indeed, since the Scotland Act 1998, the Government of Wales Act 1998 and the Northern Ireland Act 1998, the UK has devolved powers respectively to Scotland, Wales and Northern Ireland. However, the powers that")
Détail source à réviser : Court is common to all, with the exception that criminal offenses committed in Scotland will only be judged by Scottish courts. IV. Case Law and Stare Decisis A. Judge-Made Law What is specific to a common law system is (Source: "Court is common to all, with the exception that criminal offenses committed in Scotland will only be judged by Scottish courts. IV. Case Law and Stare Decisis A. Judge-Made Law What is specific to a common law system is that it centers around case law, or stare decisis. It is built through and by the decisions of judges; it is judge-made law, as opposed")
Détail source à réviser : Alternative Business Structures (ABS), which are multidisciplinary partnerships, and which allow non-legally qualified people to be involved in the financing and running of firms offering a whole range of services in add (Source: "Alternative Business Structures (ABS), which are multidisciplinary partnerships, and which allow non-legally qualified people to be involved in the financing and running of firms offering a whole range of services in addition to those of solicitors or barristers, for example, accountancy. They have been nicknamed "one-stop shops", because when one goes")
Détail source à réviser : Acts of Parliament have constitutional value, as was the case quite recently in Thoburn v Sunderland City Council (2003) and in Whaley v Lord Advocate (2004), when the courts respectively decided that Magna Carta, the Pe (Source: "Acts of Parliament have constitutional value, as was the case quite recently in Thoburn v Sunderland City Council (2003) and in Whaley v Lord Advocate (2004), when the courts respectively decided that Magna Carta, the Petition of Right and Habeas Corpus all had constitutional value, and that the Scotland Act 1998, which devolved powers to the Scottish")
Détail source à réviser : of the citizens, as is the case with anti-terror legislation or laws on privacy and government surveillance. However, and that is why the campaign to leave the EU could find some support, there is, or at least there used (Source: "of the citizens, as is the case with anti-terror legislation or laws on privacy and government surveillance. However, and that is why the campaign to leave the EU could find some support, there is, or at least there used to be, a general impression that the UK Parliament had lost its supremacy at two levels. First, in relation to international matters,")
Détail source à réviser : sat on the Appellate Committee of the House of Lords, which acted as the court of last resort for the UK and other former colonies. Though in practice the Law Lords did not take part in the legislative process, it seemed (Source: "sat on the Appellate Committee of the House of Lords, which acted as the court of last resort for the UK and other former colonies. Though in practice the Law Lords did not take part in the legislative process, it seemed to be a violation of Article 6 of the ECHR, which guarantees a fair trial, and an infringement of the separation of powers, which is")
Détail source à réviser : Since at least the Glorious Revolution of 1688, the sovereign's powers have been limited by Parliament, and modern-day monarchs act within the limits set by well-settled constitutional principles. While a monarch has mai (Source: "Since at least the Glorious Revolution of 1688, the sovereign's powers have been limited by Parliament, and modern-day monarchs act within the limits set by well-settled constitutional principles. While a monarch has mainly a symbolic function as head of the Commonwealth and representative of the nation, as we shall see, the monarch still occupies an")
Détail source à réviser : Well, no sovereign has refused to assent to a bill at least since the reign of Queen Anne in the early 18th century; it remains an open question as to whether the monarch could ever withhold royal assent to a bill. Given (Source: "Well, no sovereign has refused to assent to a bill at least since the reign of Queen Anne in the early 18th century; it remains an open question as to whether the monarch could ever withhold royal assent to a bill. Given the constitutional convention is that the monarch follows the advice of his or her ministers, and that government ministers")
Détail source à réviser : the modernisation of the country. The monarchy is presented as a deeply conservative institution that prevents any radical social change. It is said to keep Britain anchored firmly in the historical past, hindering it fr (Source: "the modernisation of the country. The monarchy is presented as a deeply conservative institution that prevents any radical social change. It is said to keep Britain anchored firmly in the historical past, hindering it from moving into a more socially and economically egalitarian future. By embodying notions of class deference and hierarchy, it is said")
Détail source à réviser : the supremacy of Parliament has always remained a key feature of the Constitution of the United Kingdom. A number of propositions follow from this principle of parliamentary sovereignty: 1. As the supreme lawmaking body, (Source: "the supremacy of Parliament has always remained a key feature of the Constitution of the United Kingdom. A number of propositions follow from this principle of parliamentary sovereignty: 1. As the supreme lawmaking body, Parliament can make law on any subject matter it chooses. 2. Parliaments cannot be bound by laws passed by a previous Parliament, any")
Détail source à réviser : in which no party has a majority of the 650 seats in the Commons, and this creates what is known as a hung parliament. In these circumstances, the party with the most seats may decide to enter into a coalition government (Source: "in which no party has a majority of the 650 seats in the Commons, and this creates what is known as a hung parliament. In these circumstances, the party with the most seats may decide to enter into a coalition government, such as happened in 2010 where the Conservative Party and the Liberal Democrats formed a coalition. VII. Parliamentary Term and")
Détail source à réviser : establish an elected upper chamber. But the proposal did not receive sufficient support, forcing the government to eventually abandon the project of a democratically elected upper house. B. Current Membership The House o (Source: "establish an elected upper chamber. But the proposal did not receive sufficient support, forcing the government to eventually abandon the project of a democratically elected upper house. B. Current Membership The House of Lords currently has more than 780 sitting members, making it the largest legislative chamber in the world apart from the Chinese National")
Détail source à réviser : non-ministerial departments, such as the Crown Prosecution Service, which is the state prosecutor, HM Revenue and Customs, which is the tax authority, and the Competition and Markets Authority. There are also executive a (Source: "non-ministerial departments, such as the Crown Prosecution Service, which is the state prosecutor, HM Revenue and Customs, which is the tax authority, and the Competition and Markets Authority. There are also executive agencies, such as His Majesty's Prison and Probation Service, which provide services as part of a government department. III. The Cabinet")
Détail source à réviser : 2 • ANGLAIS • VIDÉOS Week 9. Devolution in the United Kingdom — Part 1: Scotland I. What is Devolution? A. Definition and Political Aims In today's class, we turn to devolution in the United Kingdom. Devolution is the tr (Source: "2 • ANGLAIS • VIDÉOS Week 9. Devolution in the United Kingdom — Part 1: Scotland I. What is Devolution? A. Definition and Political Aims In today's class, we turn to devolution in the United Kingdom. Devolution is the transfer of powers from the central government in Westminster to governments at a subnational level — in this case, to Scotland,")
Détail source à réviser : from dominating. But the turning point happened in 2011, when the SNP managed to win an absolute majority. This electoral success gave them the leverage to demand an independence referendum. D. The 2014 Independence Refe (Source: "from dominating. But the turning point happened in 2011, when the SNP managed to win an absolute majority. This electoral success gave them the leverage to demand an independence referendum. D. The 2014 Independence Referendum The Edinburgh Agreement of 2012 granted Holyrood the power to hold one referendum, which took place in 2014. The result was 55%")
Détail source à réviser : Cymru, the Welsh Parliament, to reflect its stronger constitutional role. Today, the Senedd also has some limited tax powers, such as small adjustments to income tax, stamp duty, and landfill tax, as well as borrowing po (Source: "Cymru, the Welsh Parliament, to reflect its stronger constitutional role. Today, the Senedd also has some limited tax powers, such as small adjustments to income tax, stamp duty, and landfill tax, as well as borrowing powers. Still, its autonomy remains weaker than Scotland's. Wales does not have its own legal system. Its fiscal powers are smaller, and")
Détail source à réviser : the Plantations, gave Protestants land and political dominance. Catholics, by contrast, faced systemic discrimination. They were excluded from positions of power, underrepresented in politics, disadvantaged in housing an (Source: "the Plantations, gave Protestants land and political dominance. Catholics, by contrast, faced systemic discrimination. They were excluded from positions of power, underrepresented in politics, disadvantaged in housing and employment, and they were very often treated as second-class citizens in their own land. In 1801, the Act of Union formally united")
Détail source à réviser : v. Godin-Mendoza (2004), the House of Lords interpreted the Rent Act 1977 to apply equally to same-sex partners, using Section 3 to reinterpret the statute in a way consistent with the right to family life under the ECHR (Source: "v. Godin-Mendoza (2004), the House of Lords interpreted the Rent Act 1977 to apply equally to same-sex partners, using Section 3 to reinterpret the statute in a way consistent with the right to family life under the ECHR")
Détail source à réviser : 2022 This piece of legislation was introduced by the UK government to overhaul immigration law and control asylum seekers, especially after the end of free movement between the UK and EU citizens post-Brexit (Source: "2022 This piece of legislation was introduced by the UK government to overhaul immigration law and control asylum seekers, especially after the end of free movement between the UK and EU citizens post-Brexit")
Détail source à réviser : 2015-990 of 6th August 2015 known as the ''loi Macron'' (Source: "2015-990 of 6th August 2015 known as the ''loi Macron''")
Détail source à réviser : 1688-89) and the Bill of Rights (1689) - and the settlement was in Parliament’s favour (Source: "1688-89) and the Bill of Rights (1689) - and the settlement was in Parliament’s favour")
Détail source à réviser : 1867 and 1884-5) which enfranchised an even larger section of the male population (Source: "1867 and 1884-5) which enfranchised an even larger section of the male population")
Détail source à réviser : 2011, the Conservative-Liberal Democrat coalition passed the Fixed Term Parliaments Act 2011, which provided for general elections in the House of Commons every five years, beginning in 2015 (Source: "2011, the Conservative-Liberal Democrat coalition passed the Fixed Term Parliaments Act 2011, which provided for general elections in the House of Commons every five years, beginning in 2015")
Détail source à réviser : The UK has clashed with the European Court over controversial ECHR rulings like the UK prisoners’ right to vote (Hirst v. UK 2005), the right to a fair trial (Al-Khawaja and Tahery v. UK 2011), the deporting of extremist (Source: "The UK has clashed with the European Court over controversial ECHR rulings like the UK prisoners’ right to vote (Hirst v. UK 2005), the right to a fair trial (Al-Khawaja and Tahery v. UK 2011), the deporting of extremists (Othman Abu Qatada v. UK 2012), the discrimination between nationals and non-nationals in the preventive discrimination scheme (A. and...")
Détail source à réviser : 2011 and 2022, UK law fixed the default parliamentary term at five years under the Fixed-term Parliaments Act 2011 (Source: "2011 and 2022, UK law fixed the default parliamentary term at five years under the Fixed-term Parliaments Act 2011")
Détail source à réviser : 2010 to 2015 as part of the Conservative-Liberal Democrat coalition government (Source: "2010 to 2015 as part of the Conservative-Liberal Democrat coalition government")
Détail source à réviser : 1979-1990) and John Major (1990- 1997), who opposed both devolution and calls for independence (Source: "1979-1990) and John Major (1990- 1997), who opposed both devolution and calls for independence")
Détail source à réviser : 2020–2021, with approximately 30–40% of Welsh voters favoring independence has declined steadily, and in 2023, it dropped below 30% while a significant proportion, about 20% of the population, remains undecided (Source: "2020–2021, with approximately 30–40% of Welsh voters favoring independence has declined steadily, and in 2023, it dropped below 30% while a significant proportion, about 20% of the population, remains undecided")
Détail source à réviser : 2002-2007 and 2017-2020, often over disputes tied to identity or constitutional questions (Source: "2002-2007 and 2017-2020, often over disputes tied to identity or constitutional questions")
Détail source à réviser : 1985) Anglais Page 39 / 81 On November 15th, 1985, the Republic of Ireland’s Taoiseach (i (Source: "1985) Anglais Page 39 / 81 On November 15th, 1985, the Republic of Ireland’s Taoiseach (i")
Détail source à réviser : 2020; the Protocol on Northern Ireland, part of the Brexit Withdrawal Agreement also of 2020; and the Nationality and Borders Act of 2022 (Source: "2020; the Protocol on Northern Ireland, part of the Brexit Withdrawal Agreement also of 2020; and the Nationality and Borders Act of 2022")
Détail source à réviser : D. Alternative Business Structures (2007) In 2007, Parliament passed the Legal Services Act, which provided for the creation of Alternative Business Structures (ABS), which are multidisciplinary partnerships, and which a (Source: "D. Alternative Business Structures (2007) In 2007, Parliament passed the Legal Services Act, which provided for the creation of Alternative Business Structures (ABS), which are multidisciplinary partnerships, and which allow non-legally qualified people to be involved in the financing and running of firms offering a whole range of services in addition to...")
Détail source à réviser : Anglais Page 49 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 3. The Constitution of the UK: Sources and History I. What is a Constitution? A. Definition Today's lesson would be the first of two chapters on the Constitution of (Source: "Anglais Page 49 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 3. The Constitution of the UK: Sources and History I. What is a Constitution? A. Definition Today's lesson would be the first of two chapters on the Constitution of the UK. We are going to study its sources and history, and next week, we will examine its principles and the reforms that have been imple...")
Détail source à réviser : F. Extension of the Franchise (1832-1928) The British political system, as it is today, was completed between 1832 and 1928 by a series of Acts of Parliament which progressively extended the franchise, that is, the right (Source: "F. Extension of the Franchise (1832-1928) The British political system, as it is today, was completed between 1832 and 1928 by a series of Acts of Parliament which progressively extended the franchise, that is, the right to vote")
Détail source à réviser : 3. The Fixed-Term Parliaments Act (2011) Another constitutional evolution of the political system was the FTPA, the Fixed-Term Parliaments Act, which was passed, remember, in 2011, and pursuant to which general elections (Source: "3. The Fixed-Term Parliaments Act (2011) Another constitutional evolution of the political system was the FTPA, the Fixed-Term Parliaments Act, which was passed, remember, in 2011, and pursuant to which general elections are to be held every five years, though Parliament demonstrated that it could very easily bypass that law when it changed it with a simp...")
Détail source à réviser : Anglais Page 61 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 6. The UK Parliament: Structure and Functions I. Overview The UK Parliament is the national lawmaking institution of the United Kingdom. Like the US Congress, it is (Source: "Anglais Page 61 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 6. The UK Parliament: Structure and Functions I. Overview The UK Parliament is the national lawmaking institution of the United Kingdom. Like the US Congress, it is a bicameral body, meaning it has two chambers. The upper chamber is known as the House of Lords, and the lower chamber is called the Hous...")
Détail source à réviser : Anglais Page 65 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 7. The House of Lords and the Legislative Process I. The House of Lords A. Composition and History Last week, we examined the functions of Parliament and looked in d (Source: "Anglais Page 65 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 7. The House of Lords and the Legislative Process I. The House of Lords A. Composition and History Last week, we examined the functions of Parliament and looked in detail at the makeup of the House of Commons, which is the elected chamber. This week we'll be considering the second chamber, the House o...")
Détail source à réviser : D. Reforms Following the Constitutional Reform Act 2005 Until the Constitutional Reform Act 2005, the Lords was also home to the ultimate court of appeal in the UK, known as the Appellate Committee of the House of Lords (Source: "D. Reforms Following the Constitutional Reform Act 2005 Until the Constitutional Reform Act 2005, the Lords was also home to the ultimate court of appeal in the UK, known as the Appellate Committee of the House of Lords")
Détail source à réviser : Anglais Page 71 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 9. Devolution in the United Kingdom — Part 1: Scotland I. What is Devolution? A. Definition and Political Aims In today's class, we turn to devolution in the United (Source: "Anglais Page 71 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 9. Devolution in the United Kingdom — Part 1: Scotland I. What is Devolution? A. Definition and Political Aims In today's class, we turn to devolution in the United Kingdom. Devolution is the transfer of powers from the central government in Westminster to governments at a subnational level — in this...")
Détail source à réviser : Anglais Page 74 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 10. Devolution in the United Kingdom — Part 2: Wales I. Wales and the Union The union with England dates back to the 1535 and 1542 Laws in Wales Acts, which fully in (Source: "Anglais Page 74 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 10. Devolution in the United Kingdom — Part 2: Wales I. Wales and the Union The union with England dates back to the 1535 and 1542 Laws in Wales Acts, which fully integrated Wales into England. Remember that unlike Scotland, Wales did not preserve separate political or legal institutions after the uni...")
Détail source à réviser : B. Partition (1916–1921) The pressure exploded in 1916 with the Easter Rising, when Irish nationalists staged an armed rebellion in Dublin (Source: "B. Partition (1916–1921) The pressure exploded in 1916 with the Easter Rising, when Irish nationalists staged an armed rebellion in Dublin")
Détail source à réviser : 1832-1928) The British political system, as it is today, was completed between 1832 and 1928 by a series of Acts of Parliament which progressively extended the franchise, that is, the right to vote (Source: "1832-1928) The British political system, as it is today, was completed between 1832 and 1928 by a series of Acts of Parliament which progressively extended the franchise, that is, the right to vote")
Détail source à réviser : 1916–1921) The pressure exploded in 1916 with the Easter Rising, when Irish nationalists staged an armed rebellion in Dublin (Source: "1916–1921) The pressure exploded in 1916 with the Easter Rising, when Irish nationalists staged an armed rebellion in Dublin")
Détail source à réviser : C. The Windsor Framework (2023) Anglais Page 80 / 81 In 2023, the UK and the European Union replaced the Protocol with a new framework: the Windsor Framework (Source: "C. The Windsor Framework (2023) Anglais Page 80 / 81 In 2023, the UK and the European Union replaced the Protocol with a new framework: the Windsor Framework")
Détail source à réviser : Anglais Page 53 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 4. The UK Constitution: Principles and Evolution Since 1997 I. Main Principles of the UK Constitution A. The Rule of Law Today we're going to finish the study of the (Source: "Anglais Page 53 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 4. The UK Constitution: Principles and Evolution Since 1997 I. Main Principles of the UK Constitution A. The Rule of Law Today we're going to finish the study of the British Constitution by looking first at the main principles that govern it and then at its evolution since 1997. The two main principle...")
Détail source à réviser : D. The 2014 Independence Referendum The Edinburgh Agreement of 2012 granted Holyrood the power to hold one referendum, which took place in 2014 (Source: "D. The 2014 Independence Referendum The Edinburgh Agreement of 2012 granted Holyrood the power to hold one referendum, which took place in 2014")
Détail source à réviser : 2023) Anglais Page 80 / 81 In 2023, the UK and the European Union replaced the Protocol with a new framework: the Windsor Framework (Source: "2023) Anglais Page 80 / 81 In 2023, the UK and the European Union replaced the Protocol with a new framework: the Windsor Framework")
Détail source à réviser : B. Electoral System Until 2026, members of the Senedd were elected through a mixed system: 40 by First Past the Post in local constituencies and 20 by proportional representation on regional party lists (Source: "B. Electoral System Until 2026, members of the Senedd were elected through a mixed system: 40 by First Past the Post in local constituencies and 20 by proportional representation on regional party lists")
Détail source à réviser : 2017 and 2020, and again from 2022 to 2024, the assembly was suspended (Source: "2017 and 2020, and again from 2022 to 2024, the assembly was suspended")
Détail source à réviser : 2019) or Miller II (2019): The Supreme Court ruled that Prime Minister Boris Johnson’s prorogation of Parliament was unlawful (Source: "2019) or Miller II (2019): The Supreme Court ruled that Prime Minister Boris Johnson’s prorogation of Parliament was unlawful")
Détail source à réviser : 2014 Independence Referendum The Edinburgh Agreement of 2012 granted Holyrood the power to hold one referendum, which took place in 2014 (Source: "2014 Independence Referendum The Edinburgh Agreement of 2012 granted Holyrood the power to hold one referendum, which took place in 2014")
Détail source à réviser : 2004), the House of Lords interpreted the Rent Act 1977 to apply equally to same-sex partners, using Section 3 to reinterpret the statute in a way consistent with the right to family life under the ECHR (Source: "2004), the House of Lords interpreted the Rent Act 1977 to apply equally to same-sex partners, using Section 3 to reinterpret the statute in a way consistent with the right to family life under the ECHR")
Détail source à réviser : 2017) or Miller I (2017): The Supreme Court ruled that Parliament, not the executive, must authorize the triggering of Article 50 (Source: "2017) or Miller I (2017): The Supreme Court ruled that Parliament, not the executive, must authorize the triggering of Article 50")
Détail source à réviser : 9) The United Kingdom Internal Market Act 2020 established a unified internal market across the UK post-Brexit but was criticized for limiting the devolved administrations’ authority (Source: "9) The United Kingdom Internal Market Act 2020 established a unified internal market across the UK post-Brexit but was criticized for limiting the devolved administrations’ authority")
Détail source à réviser : 2013, male-preference primogeniture applied, meaning that women could inherit the throne only if the monarch had no son, as occurred when Elizabeth II succeeded her father, George VI, in 1952 (Source: "2013, male-preference primogeniture applied, meaning that women could inherit the throne only if the monarch had no son, as occurred when Elizabeth II succeeded her father, George VI, in 1952")
Détail source à réviser : The Assembly has been suspended multiple times, notably from 2002-2007 and 2017-2020, often over disputes tied to identity or constitutional questions (Source: "The Assembly has been suspended multiple times, notably from 2002-2007 and 2017-2020, often over disputes tied to identity or constitutional questions")
Détail source à réviser : 1970-1971 marked a turning point in the conflict as armed resistance against British power superseded protests and Civil Rights marches (Source: "1970-1971 marked a turning point in the conflict as armed resistance against British power superseded protests and Civil Rights marches")
Détail source à réviser : E. The Glorious Revolution and the Bill of Rights (1689) Then, in 1689, during the Glorious Revolution, King James II, a Catholic, was declared to have abdicated by Parliament, and was replaced by his son-in-law, William (Source: "E. The Glorious Revolution and the Bill of Rights (1689) Then, in 1689, during the Glorious Revolution, King James II, a Catholic, was declared to have abdicated by Parliament, and was replaced by his son-in-law, William of Orange, who was a Protestant")
Détail source à réviser : 1689) Then, in 1689, during the Glorious Revolution, King James II, a Catholic, was declared to have abdicated by Parliament, and was replaced by his son-in-law, William of Orange, who was a Protestant (Source: "1689) Then, in 1689, during the Glorious Revolution, King James II, a Catholic, was declared to have abdicated by Parliament, and was replaced by his son-in-law, William of Orange, who was a Protestant")
Détail source à réviser : F. Current Situation (2024) The 2024 general election came, and instead of giving the SNP a mandate, it delivered a shock defeat (Source: "F. Current Situation (2024) The 2024 general election came, and instead of giving the SNP a mandate, it delivered a shock defeat")
Détail source à réviser : 2026, members of the Senedd were elected through a mixed system: 40 by First Past the Post in local constituencies and 20 by proportional representation on regional party lists (Source: "2026, members of the Senedd were elected through a mixed system: 40 by First Past the Post in local constituencies and 20 by proportional representation on regional party lists")
Détail source à réviser : Anglais Page 77 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 11. Devolution in the United Kingdom — Part 3: Northern Ireland I. Historical Background A. The Plantations and the Act of Union Let's now move on to devolution in N (Source: "Anglais Page 77 / 81 LICENCE 2 • ANGLAIS • VIDÉOS Week 11. Devolution in the United Kingdom — Part 3: Northern Ireland I. Historical Background A. The Plantations and the Act of Union Let's now move on to devolution in Northern Ireland, where the story is unlike anywhere else in the UK. Northern Ireland is very different from Scotland and Wales. Devolutio...")
Détail source à réviser : Partition (1916–1921) The pressure exploded in 1916 with the Easter Rising, when Irish nationalists staged an armed rebellion in Dublin (Source: "Partition (1916–1921) The pressure exploded in 1916 with the Easter Rising, when Irish nationalists staged an armed rebellion in Dublin")
Détail source à réviser : V. Today After another long suspension between 2022 and 2024, the assembly at Stormont was finally restored following a political deal between the DUP and the UK government (Source: "V. Today After another long suspension between 2022 and 2024, the assembly at Stormont was finally restored following a political deal between the DUP and the UK government")
Détail source à réviser : egal professions The British constitution: sources, history and principles The monarchy of the United Kingdom Constitutional reforms in the UK since 1997 Parliament Executive Devolution in Scotland Devolution in Wales De (Source: "egal professions The British constitution: sources, history and principles The monarchy of the United Kingdom Constitutional reforms in the UK since 1997 Parliament Executive Devolution in Scotland Devolution in Wales Devolution in Northern Ireland VIDÉOS Week 1. Introduction and Fundamental Principles Week 2. Common Law, Equity and Legal Professions Week...")
Détail source à réviser : The Constitution of the UK: Sources and History Week 4. The UK Constitution: Principles and Evolution Since 1997 Week 5. The British Monarchy: Role and Future Week 6. The UK Parliament: Structure and Functions Week 7. Th (Source: "The Constitution of the UK: Sources and History Week 4. The UK Constitution: Principles and Evolution Since 1997 Week 5. The British Monarchy: Role and Future Week 6. The UK Parliament: Structure and Functions Week 7. The House of Lords and the Legislative Process Week 8. The UK Executive Week 9. Devolution in the United Kingdom — Part 1: Scotland Week 10...")
Détail source à réviser : v. UK 2012), the discrimination between nationals and non-nationals in the preventive discrimination scheme (A (Source: "v. UK 2012), the discrimination between nationals and non-nationals in the preventive discrimination scheme (A")
Détail source à réviser : After several attempts at implementing devolution, Scotland’s hopes for devolved powers were dashed for 18 years under Conservative Prime Ministers Margaret Thatcher (1979-1990) and John Major (1990- 1997), who opposed b (Source: "After several attempts at implementing devolution, Scotland’s hopes for devolved powers were dashed for 18 years under Conservative Prime Ministers Margaret Thatcher (1979-1990) and John Major (1990- 1997), who opposed both devolution and calls for independence")
Détail source à réviser : IV. The Shadow Cabinet Turning now to the shadow cabinet: the structure of government is mirrored in the structure of the opposition party (Source: "IV. The Shadow Cabinet Turning now to the shadow cabinet: the structure of government is mirrored in the structure of the opposition party")
Détail source à réviser : 1998, which was later reinforced by the Scotland Acts of 2012 and 2016 (Source: "1998, which was later reinforced by the Scotland Acts of 2012 and 2016")

📅 Repères chronologiques

Date	Événement
1688-9	Glorious Revolution
1689	Bill of Rights 1689
1653	Parliament wrestled power from the Crown
1660	Restoration of the monarchy
1649	Execution of Charles I
1640	Start of English Civil War

📊 Tableaux de Synthèse

Sources of UK Law

Source Type	Description
Statutes	Laws enacted by Parliament
Judicial Decisions	Case law and precedents
Conventions	Unwritten practices and traditions
Treaties	International agreements incorporated into UK law

⚠️ Pièges & Confusions Fréquentes

Confusing statutory law with judge-made law.
Overlooking the role of conventions in the UK constitution.
Assuming the UK has a codified constitution.
Misunderstanding the relationship between common law and equity.
Ignoring the independence of the judiciary in appointments.
Confusing the powers of the monarch with those of Parliament.
Assuming parliamentary sovereignty is absolute without limitations.

✅ Checklist Examen

Review the main sources of UK law: statutes, case law, conventions, treaties.
Understand the principles of parliamentary sovereignty.
Memorize key dates related to UK constitutional milestones.
Differentiate between common law and equity.
Know the roles and appointment processes of judges, solicitors, and barristers.
Explain the concept of an uncodified constitution.
Identify the main constitutional documents and their significance.
Describe the structure and functions of Parliament.
Understand the process of legislative enactment.
Review the principles of devolution in the UK.
Summarize the political challenges in Northern Ireland.

📋 Plan du Cours

📖 1. Meanings and sources of common law

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

📖 2. UK constitutional milestones and principles

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

📖 3. Northern Ireland: origins, structure, and political challenges

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

📖 4. UK court system and judicial opinions

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

📖 5. Judges, solicitors, and barristers roles and qualifications

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

📖 6. The UK's uncodified constitution and its sources

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

📖 7. Key constitutional documents and parliamentary sovereignty

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

📖 8. Role and powers of the monarch

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

📖 9. Parliament: structure, functions, and legislative process

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

📖 10. Devolution in the United Kingdom: models and political context

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

📖 11. Devolution in Scotland and Wales: political developments and current status

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

📖 12. Northern Ireland conflict, institutional design, and recent developments

🔑 Notions clés & Définitions

📝 Points essentiels

💡 À retenir

🧩 Compléments de couverture

📅 Repères chronologiques

📊 Tableaux de Synthèse

⚠️ Pièges & Confusions Fréquentes

✅ Checklist Examen

Teste seu conhecimento

Revisar com flashcards

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