사용자:Evraziskykr/영국의 헌법
From Wikipedia, the free encyclopedia
The Constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the 그레이트 브리튼 및 북아일랜드 연합 왕국 as a political body. Unlike in most countries, no attempt has been made to codify such arrangements into a single document. Thus, it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched.[2] However, the 영국 대법원 recognises that there are constitutional principles, including parliamentary sovereignty, the rule of law, 민주주의 and upholding 국제법.[3]
The Supreme Court also recognises that some 의회법 have special constitutional status, and are therefore part of the constitution.[4] These include 마그나 카르타, which in 1215 required the King to call a "common counsel" (now called 의회) to represent people, to hold courts in a fixed place, to guarantee fair trials, to guarantee free movement of people, to free the church from the state, and to guarantee rights of "common" people to use the land.[5] After the Wars of the Three Kingdoms and the 명예 혁명, the 권리장전 and the 1689년 권리장전법 cemented Parliament's position as the supreme law making body, and said that the "election of members of Parliament ought to be free".
1706년 잉글랜드와 스코틀랜드간 연합 조약, followed by two Acts of Union 1707, one in the Scottish, the other in the English parliament, unified England, Wales and Scotland. Ireland joined in a similar way through the Acts of Union 1801. The 아일랜드 자유국 separated after the 1921 영국-아일랜드 조약 took effect in 1922. 북아일랜드 remained within the union.
After a slow process of electoral reform, the UK guaranteed every adult citizen the equal right to vote in the Representation of the People (Equal Franchise) Act 1928. After World War II, the UK became a founding member of the Council of Europe to uphold human rights, and the United Nations to guarantee international peace and security. The UK was a member of the European Union, whose predecessor the European Communities (the Common Market) it first joined in 1973, but left in 2020.[6] The UK is also a founding member of the International Labour Organization and the World Trade Organization to participate in regulating the global economy.[7]
The leading institutions in the United Kingdom's constitution are Parliament, the judiciary, the executive, and regional or local governments. Parliament is the supreme law-making body, and represents the people of the United Kingdom. It consists of the monarch and two houses. The House of Commons is elected by a democratic vote in the country's 650 constituencies. The House of Lords is mostly appointed by cross-political party groups from the House of Commons. To make a new Act of Parliament, the highest form of law, both Houses must read, amend, or approve proposed legislation three times and the monarch must give their consent. The judiciary interprets the law found in Acts of Parliament and develops the law established by previous cases. The highest court is the twelve person Supreme Court, as it decides appeals from the Courts of Appeal in England, Wales, and 북아일랜드 or the 스코틀랜드 최고 민사 법원 in Scotland. It does not however hear criminal appeals from Scotland. British courts cannot declare Acts of Parliament to be unconstitutional, but can determine whether the acts of the executive are lawful, or declare any law to be incompatible with the European Convention on Human Rights. The executive manages the United Kingdom day to day. The executive is led by the Prime Minister who is appointed by the monarch and invited to try to form a government, which will have the support of Parliament. The Prime Minister appoints the 내각 of other Ministers, who lead the executive departments, staffed by civil servants, such as the Department of Health which runs the National Health Service, or the Department of Education which funds schools and universities. The monarch in their public capacity, known as the Crown, embodies the State. All laws are made in the name of the Crown, all judges sit in place of the Crown and all Ministers act in the name of the Crown. The monarch is for the most part a ceremonial figurehead. When giving royal assent to new laws, the monarch has not refused to sign any new law since the Scottish Militia Bill in 1708, and it is a constitutional convention that the monarch follows the advice of Ministers.
Most litigation over the British constitution takes place in 사법심사 applications, to decide whether public bodies have complied with the law. Every public body must also follow the law, as set down in Acts of Parliament, and subject to that also statutory instruments made by the executive. Under the 1998년 인권법, courts may review government action to decide whether the government has followed the statutory obligation on all public authorities to comply with the 유럽 인권 조약. This was established in 1950, following World War II. Human rights include everyone's rights to liberty against 임의 체포 및 구금, to a 공정 재판, to privacy against unlawful surveillance, to freedom of expression, to freedom of association including joining 노동조합, and to freedom of assembly and protest.[8] 틀:PoliticsUK