Narrator: The idea of everyone being allowed to do whatever they want might seem appealing, but practically, it doesn’t work out so well…
Narrator: For a society to function, there have to be laws. The nature of those laws are shaped by the nation’s constitution, which is like a basic rulebook that sets out rights and principles that can't easily be changed.
Narrator: For example…… in the UK, and most of Europe, the right to life is fundamental - which means that no state can impose the death penalty, not even on people who’ve committed terrible crimes.
Narrator: Other cultures give greater priority to different rights, such as the right to own weapons, which is protected in many states of the USA.
Narrator: In most countries, the constitution is set out in a single document. In Britain however, we have an unwritten constitution – this doesn’t mean it’s kept in the memory of some ancient judge. All the elements of it are written down, but it’s formed of different laws and conventions.
Narrator: Some of these go all the way back to the Magna Carta, which states that everyone, up to and including the king or queen, is subject to the rule of law, they have the right to a fair trial, in which they’re presumed innocent, and can only be considered guilty if proven to be so.
Narrator: The Magna Carta is one of the most influential documents in history.
Narrator: It’s formed the basis of the legal system of many other countries, and was a huge influence on the Universal Declaration of Human Rights - which was introduced in 1948 and has been signed up to by 192 countries.
Narrator: And in turn that was the basis of the European Convention on Human Rights.
Narrator: When the 1998 Human Rights act was passed in the UK, it meant that if anyone felt their rights were being infringed, they could appeal to the European Court of Human Rights.
Narrator: The UK parliament however, is not always inline with the European court. For example in 2005, the European court ruled that banning prisoners from voting was unlawful, but the UK parliament refused to implement the ruling, meaning the UK was, technically, breaking the law.
Narrator: But even governments can be forced to back down. A member of the public called Gina Miller challenged the UK government for trying to trigger the Brexit process without Parliament first voting on it. Ruling in favour of Miller, the High Court proved that even the government is not above the law.
Narrator: And ultimately, that’s exactly what Rule of Law means. When there are disputes, it’s not powerful citizens or even the government who have the final say - it’s the judiciary. But all the judiciary can do is study and pronounce upon the Law.
Narrator: It’s the constitution that’s really in charge.
An animated overview of the foundation of British law and the constitution.
Through authentic archival illustrations and modern animation, this short film for secondary schools examines the history, structure and function of the British constitution.
Presented in a fun and accessible way, it explains how the constitution orders and separates the British legal system into different roles and responsibilities.
Some of the fundamental ideas that underpin the legal system, including the rule of law, are also explored.
Please note that this video was created in 2018.
Teacher Notes
After watching this short film you could discuss the philosophical and religious influences which underpin and inform documents, such as Magna Carta.
Curriculum Notes
This short film covers the following aspects of all UK curricula:
- Parliamentary democracy and the key elements of the constitution of the United Kingdom, including the power of government, the role of citizens and Parliament in holding those in power to account, and the different roles of the executive, legislature and judiciary and a free press.
- Other systems and forms of government, both democratic and non-democratic, beyond the United Kingdom.
- Local, regional and international governance and the United Kingdom’s relations with the rest of Europe, the Commonwealth, the United Nations and the wider world.
- Human rights and international law.
- The legal system in the UK, different sources of law and how the law helps society deal with complex problems.
- Keen awareness and understanding of democracy, government and law.
More from How Government Works:
What is political power? video
A summary of the key aspects of political power, including the history, forms and ideas that make and maintain it.
Citizenship and politics in Northern Ireland. video
An animated summary of citizenship in Northern Ireland, including national identity and the independence movements.
Citizenship and politics in Scotland. video
An animated summary of citizenship in Scotland, including national identity and the relationship with the European Union.
Citizenship and politics in Wales. video
An animated summary of citizenship in Wales, including national identity and Wales' relationship with the European Union.
Dinasyddiaeth a Gwleidyddiaeth yng Nghymru. video
Ffilm animeiddiedig fer yn crynhoi materion dinasyddiaeth a pha mor berthnasol ydyn nhw i Gymru.
