lesson 4.2 Flashcards
What are the five main sources of the UK Constitution?
Constitutional principles, constitutional conventions, constitutional statutes, common law, and other sources.
What are constitutional principles?
Broad normative guidelines shaping constitutional interpretation (e.g., parliamentary sovereignty, rule of law).
How do courts protect parliamentary sovereignty?
By limiting the use of prerogative powers (Miller v Prime Minister, 2019).
What makes a statute “constitutional”?
It affects the structure or fundamental principles of government (e.g., Scotland Act 1998, Human Rights Act 1998).
How do constitutional statutes relate to implied repeal?
They are generally protected from being overridden by later ordinary legislation (Thoburn v Sunderland City Council, 2002).
How does common law contribute to the constitution?
By shaping judicial review, common law rights, and enforcing the rule of law.
What is an example of a common law constitutional principle?
The separation of powers (Ex p Fire Brigades Union).
What are constitutional conventions?
Non-legal rules guiding political behavior, such as ministerial responsibility.
What is an example of a major constitutional convention?
The Sewel Convention, which limits Westminster’s interference in devolved matters.
How are conventions identified?
Jennings’ test: precedent, obligation, and reason for the rule.
What is the relationship between devolution and shared governance?
Devolution shapes how the UK as a whole is governed, not just the autonomy of individual nations.
How does the Scottish government frame its constitutional future?
It argues Scotland’s place in the UK should be determined by its people.
