3. Sources Of The UK Constitution Flashcards
What are the five main sources of the UK constitution?
- Statute Law
- Common Law
- Conventions
- Works of Authority
- EU Law and Treaties
What is statue law?
A written law passed by an act of parliament.
What makes an act of parliament constitutional?
Whether or not it affects the way we are governed or the relationships within the state.
What are some examples of statute laws which are constitutional?
- The European Communities Act of 1972
- The Human Rights Act of 1998
- The House of Lords Act of 1999
- The Fixed Term Parliaments Act of 2011
What did the European Communities Act of 1972 do?
It made the UK join the European Union.
What did the Human Rights Act of 1998 do?
Incorporate the European Declaration on Human Rights into UK law so that the UK courts can rule on it rather than cases having to go to the European Court of Human Rights in Strasbourg.
What did the House of Lords Act of 1999 do?
Remove all but 92 of the hereditary peers from the House of Lords
What did the Fixed Term Parliaments Act of 2011 introduce?
A fixed five year term on the life of any parliament.
What is common law?
Laws made by judges where there was no clear answer to a case in statute law. As such, it is often called case law as it is formed on the basis of judicial precedents set by judges in previous cases.
What is a convention?
A part of the constitution which is not written but is generally recognised and followed by all.
What is an example of a constitutional convention?
The Salisbury Convention of 1949 stops the House of Lords from voting against manifesto pledges made by the governing party.
Why has the Salisbury Convention recently come under threat?
The Liberal Democrats have said they will no longer follow it.
What is a work of authority?
A famous political or legal book written by experts on the constitution. Despite having no formal legal status, such writings are referred to by politicians and judges to resolve uncertainties in the constitution.
What are two examples of works of authority?
- “An Introduction to the Study of the Law and the Constitution” by AV Dicey (1884)
- “Parliamentary Practice” by Erskine May (1844)
Both of these are often just called by their author’s name
How do EU Laws and Treaties impact the UK Constitution?
They define the relationship between the EU and the UK and allow EU regulations to have a direct impact on the UK. EU law must be implemented by the courts.
