Features of UK CON

Question 1

SEVERAL SOURCES

Answer 1

The sources of the constitution
in the UK include Acts of Parliament, the common law, and
political rules in the form of constitutional conventions. The
European Convention on Human Rights—via the Human
Rights Act 1998—is also a source of law.

With the end of the transition period, most EU law continues to
remain part of UK law, but as ‘retained EU law’ under the Eu-
ropean Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020.

Question 2

RULE OF LAW

Answer 2

The UK constitution is informed by the principle of the rule of law. This is the principle that requires that the law should be applied fairly, that the government should act according to the law, and that laws should generally not have retro-spective efect.

Question 3

LACK OF ENTRENCHMENTAND PARLIAMENTARY SOVEREIGNTY

Answer 3

1. In most countries with a codifed constitution, the constitution is said to be ‘entrenched’. That is, it is considered a form of
   law with a higher status than ordinary law—the supreme law of the state. If an ordinary law conficts with the constitution, it is struck down or declared invalid.
2. **The UK constitution is
   not entrenched. Instead, the highest form of law in the UK
   legal system are Acts of Parliament. This is because in place of a codifed constitution, supremacy rests with Parliament
   itself. This principle is known as parliamentary sovereignty or supremacy
3. However, it follows from parliamentary sovereignty that if a
   change to the constitution is desired, then as a matter of law, all that is required is an ordinary Act of Parliament, which is
   passed with a simple majority in both the House of Commons and House of Lords.

Question 4

NO POWER TO STRIKE DOWN

Answer 4

1. The lack of entrenchment and the principle of parliamentary
   sovereignty also means that the courts cannot declare an Act of Parliament ‘unconstitutional’ or strike it down.
2. Declaration of Incompatibility
   The closest the courts come to striking down legislation is
   to make a ‘declaration of incompatibility’ when legislation breaches or is incompatible with rights protected by the
   Human Rights Act 1998. However, this does not have any im-mediate legal efect, and the consequences of a declaration are for Parliament to determine.

Question 5

THE COURTS
Interpreting Legislation

Answer 5

Generally, when disputes arise, the courts are required to
interpret constitutional legislation.
Should Parliament disagree with the interpretation by the
courts given to the legislation, Parliament may amend the
legislation in question to make the position clearer.

Question 6

THE COURTS
common law

Answer 6

The other way judge-made law is part of the constitution is
that the courts determine, develop, and expand on common
law (meaning judge-made law)

Question 7

MONARCHYAND ROYAL PREROGATIVE

Answer 7

1. The royal prerogative is a specifc part of the common law.
   The prerogative is a collection of powers which the common
   law recognises as belonging to the Crown (a term often used instead of ‘government’ or ‘executive’). In modern times, in substance, most of these powers are exercised by the government.
2. As a part of the common law, specifc royal prerogative powers can be abolished or regulated by an Act of Parliament, and
   most royal prerogative powers have been abolished and re-
   placed by statute.

Question 8

CONSTITUTIONAL CONVENTIONS

Answer 8

1. Many signifcant rules of the constitution are not regulated by legislation or the common law but instead are regulated by
   rules known as constitutional conventions.
2. Sometimes, these conventions may regulate how legal rules operate. For exam-ple, the power to appoint the Prime Minister legally belongs to the Monarch. However, the Monarch’s choice is regulated by a series of constitutional conventions.
3. Constitutional conventions arise out of previous practice

Question 9

Other constitutional conventions include the following:

Answer 9

*The circumstances when government ministers must
resign due to their personal conduct;
* The UK Parliament will not ordinarily legislate on a matter
devolved to the Scottish Parliament, National Assembly
for Wales, or the Northern Ireland Assembly without their
consent;
* The Monarch always acts on the advice of the Prime
Minister;
* Government ministers will have a seat in either the
House of Commons or House of Lords and the King will
approve their appointment on the recommendation of
the Prime Minister; and
* The government is accountable to Parliament by government ministers appearing in Parliament to answer questions and take part in debates.

Question 10

UNION STATE AND DEVOLUTION

Answer 10

Within the UK, there are three legal jurisdictions: England
and Wales, Scotland, and Northern Ireland. Parliament has
the power to make law for all three jurisdictions, but the law
can vary between them. However, certain Acts of Parliament
have given Scotland, Wales, and Northern Ireland their own legislatures and governments to develop and administer laws
in specific areas of policy. Because the extent of devolution
to Northern Ireland, Scotland, and Wales differs, it is often
described as ‘asymmetric’ devolution.