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