Constitution Flashcards
Key terms - what is a statute law
A law that has been laid out and written in an act of parliament. They are formal written laws. Any act of parliament is also statute law
Define a common law
Set out by the judiciary and the law courts, based on the precedents set by previous cases that have come before the court. E.g Murder is a common law crime rather than something set out in an act of parliment
Define Constitutional conventions
As the British constitution is not written down, a large part of it rests upon conventions, not legally binding but are followed - rules methods or traditions that have devolved over a one period of time. For example, there is no formal rule dictating who the PM actually is - it is just a convention that the monarch chooses the leader of the largest party. Also, that if loosing an election they resign. A lot of parliment relys upon convention ( could be an argument for a codified con )
Define authorities opinions
People attempting to cite what these conventions are. Cite these works as evidence of procedure, reskin may or A.V dicey produced books that are thought to be ‘informal’ sources of the British constitution.
Define royal prerogative
Sources of many of the executives powers, power to declare war, technically the PM doesnt need to consult parliment to declare war. Ability to move around cabinet ( prerogative powers)
Define the concept of Parliamentary sovereignty
The legislation passed by parliment has the upmost authority - it could be said that it is challenged by the increasing powers of the devolved regions. And the supremacy of the EU