nature and sources of the British constitution Flashcards
what are the natures of the UK constitution
- uncodified
- unitary
- rule of law
- parliamentary sovereignty
what does unitary mean
all power derives from central government
what does the rule of law mean
everyone is equally subject to the laws of the land - even governments and ministers can’t break laws
define parliamentary sovereignty
parliaments laws cannot be struck down by a higher authority
real example of rule of law being broken
in 2019 prime minister Boris Johnson was found by the courts to have acted illegally by attempting to suspend parliament for 5 weeks without its consent during the Brexit debates
what are the 5 sources of the UKs constitution
- statute law
- common law
- conventions
- international treaties/conventions
- works of authority
what is statute law
statute law overrides other laws due to parliamentary sovereignty
what is common law
judge made law
what is royal prerogative
the powers traditionally held by the monarch but now mainly held by the prime minister