Different sources of the UK constitution Flashcards
What are the different sources of the UK constitution?
Statute law
Common Law
Conventions
Authorative texts
What is statute law?
Laws that are passed by parliament
All about statute law?
The most important source of the British constitution due to parliamentary sovereignty
Can legislate in any subject and chat be overturned by anyone other then parliment
4 examples of statute law?
Parliment act 1911 and 1949
Fixed term parliment act
Human Rights act
Scotland act 1997
Statute law- Parliment act 1911 and 1949?
1911- Due to the conservative dominance in the house of lords it lead to other party’s such as the labour had difficult to pass bills especially money bills, the act ment that HoL can’t reject any legislation tehir inlybgigej the power to delay for 2 years, after the s deoay you they have no power and bill can be passed without their concent
1949 ment that money bills can only be delayed for 1 year not 2
Statute laws- fixed term parliment act 2011?
Parliment has to be in term for 5 years
Made be Cons and Lib dem coalition to ensure that they won’t break of deal with lib dem’s in a convenient time
Overrides by Borish Johnson
Statute law- Scotland act 1998?
Creating of a scottish parliment
Statute law- Human rights act 1998?
Incorporated the rights set out in human rights in Uk law
What is common law?
Laws made and developed my judged
What is judicial review?
What senior judged in the Uk have power to revie to clarify or establish a legal position where statute laws are unclear
What does common law do?
This case law sets legal president that guides lower courts
What law is supreme to common?
statute law
it can overturn common
What courts have the power to establish binding president?
Supreme court
The court of appeal criminal and civil
All decisions jd followed by lower cours such as crown court high, magistrate and county courts
Examples of common law?
-Criminallity of murder
-anything against law
Origins of common law?
William the conqueror setting up courts with judges to help settle disputes
The judges relied back to old cases
What is royal perogatige?
The monarchs authority and power
common law didny reginise this to be effects and decided what perogative
What are conventions?
rules that are considered binding by not legally enforceable
What’s the cabinet manuel 2011?
Brings many conventions into one documemy
Examples of conventions?
-The salisbury convention
-Royal assent
-Appointment jt ment of the Pm
-Collective responsibility
-Referncums to approve major constitutional changes
-Parliment consulted before war
Examples of conversations- Salisbury convention?
Uanapointed lords should not be defeated
Examples of conventions-Royal assent?
Bills require royal assent before becoming a pass laws
Examples of convention- The appointment of the pm?
Monarch appoint the Pm as leader
Examples of convention- Parliment consulted before war
Theresa May broke this when going to war with syria
Limitations of conventions?
Attorney Gernal Vs Jonathan cape
not legally enforceable but why do people follow them and get so much backlash for not following them
What are authorative texts?
Books written by constitutional authority
can be helpful in identifying core values underpinning constitutional practice
Are authorative texts legally binding?
No but they do have passive authority
Example of authoritive texts?
Walter Baheghot- The english constitution 1867
A.V. Dicey. an introduction to the study of law of the constitution 1885
Erskin May- A treaties on the law, privileges, proceedings and usage of parliment 1844
Authoritive texts-Walter Baheghot- The english constitution 1867
Gives and influential account of how parliment and govt work
Authorative texts
A.V. Dicey. an introduction to the study of law of the constitution 1885
Where he argues parliamentary sovereignty and rule of law are key concepts of the uk constitution
Authority texts
Erskine May- A treaties on the law, privileges, proceedings and usage of parliament 1844
Regards as the bible of parliamentary practice giving detailed guess of practices authorities works or parliamentary procedures
Different sources of uk constitution?- European law
-Following the eec act 1972
UK became a member of the EEC, this ment all EU laws
Judges of EU courts etc now had to become a part of the UK constitution
-Undermines parliamentary sovereignty
4 sources of parliamentary procedures?
-Acts of parliament 1911/1949
-Ancient courts and practice
-Standing orders- formulated to manage day to day activity
-Rulings from
