Nature and sources of the UK constitution

Question 1

The Uk constitution is defined as…

Answer 1

Unitary.

Which means that power lies. within the centre - Westminster Parliament - Which contrasts with state governments like the USA where power is spread in individual regions under a federalist government.

Question 2

The UK constitution is characterised by…

Answer 2

Parliamentary Sovereignty

Parliament has the final say on what is in the constitution.

Question 3

An example of parliamentary sovereignty coming into play in the constitution…

Answer 3

“No parliament can bind its successor”

Meaning that what one elected parliament enacts as legislation can be changed later on.

This occurred when the UK joined EU with the EC Act 1972, and left with the withdrawal act in 2018.

Question 4

What are the 5 sources of the UK constitution?

Answer 4

1) Statute law
2) Common law
3) Royal prerogative
4) Conventions
5) Works of authority

Question 5

1) SOURCE: - Statute Laws -

Answer 5

Bill introduced from commons / lords and passed by parliament
Also has power over the royal prerogative, e.g. armed forces deployment.

Question 6

2) SOURCE: - Common Law -

Answer 6

Comprises of laws or rights passed down over the years by legal judgements in the courts, a process known as judicial precedence. These laws can be amended by Statute laws.

Question 7

3) SOURCE: - The Royal Prerogative -

Answer 7

The remaining powers exercised by the Monarch.
Examples:
* Suspension of parliament
* Issuing of UK passports

However, in modern times the executive (really) control the prerogative.

Question 8

4) SOURCE: - Conventions -

Answer 8

The “oil and grease” that allow for UK politics and parliament to run smoothly.
Not written down - Instead just agreed upon rules and procedures.
Example:
* 1945 Salisbury - Addison convention - Labours new government manifesto (which includes the establishment of the NHS) to be enacted immediately after agreement of tory lords.

This means that HoL cannot block bills that were in a Govt. Manifesto.

Question 9

5) SOURCE: - Works of authorities: -

Answer 9

Arguably the least visible and clear sources of the British Constitution.
Comprises of a variety of books / documents that deal with areas including parliamentary procedure.

Notable works of authorities:

1) The english constitution (1867)
2) The cabinet manual (2010)