Key information - short and snappy

Question 1

What are the 5 main principles of the UK constitution

Answer 1

• Uncodified, meaning that it is not written down in one document and is made up of multiple sources
• Unentrenched - easily changed by a simple act of parliament or even a shift in convention
• Rule of Law, that anyone is accountable to the law. Everyone is entitled to a fair trial and everyone is equal under the law.
• Unitary, all powers are centralised in the parliament at Westminster

Question 2

What are the 5 sources of the Constitution?

Answer 2

• Statute Law
• Conventions
• Common Law
• Scholarly works of authority
• Treaties

Question 3

Statute Law

Answer 3

This is all legislation created by parliament. Not all laws are considered constitutional - only those that deal with the nature of politics and government or rights of citizens. This is the most important source of the constitution due to the principle of parliamentary sovereignty. All other sources can be overridden by statute law. Example - the 2005 Constitutional Reform Act which created a separate Supreme Court or the 1918 Representation of the People Act which allowed all men and some women to vote.

Question 4

Common Law

Answer 4

Common Law is made up of customs and judicial precedent (when judicial decisions clarify the meaning of statute or make a ruling in the absence of statute). A lot of constitutional principles, such as the Royal Prerogative, are a part of common law.

Question 5

Conventions

Answer 5

Conventions are customs and practices that are accepted as the way of doing things, such as the convention that the Prime Minister is the leader of the largest party in parliament. Conventions can be removed or made permanent by parliament through statute law. The 2011 Fixed Term Parliament Act put into statue law the convention that the government should resign if it is defeated in a vote of no confidence.

Question 6

Scholarly works of authority/ Authoritative works

Answer 6

These are widely respected and widely considered to be sources of the constitution. They are not legally binding but the books or written guides which describe the workings of the constitution are still a source. Examples, Walter Bagehot’s ‘The English Constitution’ or A.V Dicey ‘Introduction to the Study of the Law of Constitution’ which speaks of the twin pillars of the British Constitution, parliamentary sovereignty and the rule of law.

Question 7

Treaties

Answer 7

These are agreements signed with other countries, the most important being the treaty that entered Britain into the EEC in 1972 and the Maastricht Treaty (1992) which established the EU. However, as the UK has left the EU this source is weakened of its importance.