Nature and Sources of UK Constitution

Question 1

What is the nature of the UK Constitution?

Answer 1

Uncodified. Gradual evolutionary development.

Question 2

Sources of UK Constitution:

Answer 2

Statutes.
Judicial.
Constitutional conventions.

Question 3

Examples of Statutes which provide legislative spine for UK constitution?

Answer 3

• Magna Carta 1215 (reissued in 1297)
• Bill of Rights 1689
• European Communities Act 1972
• Human RIghts Act 1998
• Constitutional Reform Act 2005

Question 4

Magna Carta 1215 (Reissued in 1297)

Answer 4

Challenged authoritarian powers of monarch by giving church and citizens increased liberties.

“No free man shall be taken/ imprisoned but by lawful judgement of peers”.

Question 5

Bill of Rights 1689

Answer 5

Limited monarchical power and established Parliament as supreme law making body.

Key Articles: 1,4,8 and 9

Question 6

European Communities Act 1972

Answer 6

Regulates UKs membership of EU.

Question 7

Human Rights Act 1998

Answer 7

Incorporated rights contained in European Convention into domestic law.

Question 8

Constitutional Reform Act 2005

Answer 8

Altered role of Lord Chancellor and established Supreme Court.

Question 9

Examples of Judicial decisions which provide source for UK constitution?

Answer 9

Entick v Carrington [1765]

Liversidge v Anderson [1942]

Question 10

Entick v Carrington [1765]

Answer 10

Government minister cannot issue warrants permitting entry and search of private premises.

Question 11

Liversidge v Anderson [1942]

Answer 11

(Contrasted Entick) Held that in times of crisis, courts cannot review home secretary’s belief that detention without warrant was justified.

Question 12

Albert Venn Dicey’s definition of a convention?

Answer 12

“Understandings, habits or practices which, though they may regulate conduct of several members of the sovereign power, in reality are not laws at all as they are not enforceable”.

Question 13

Examples of Constitutional Conventions which provide source for UK constitution?

Answer 13

• Queen appointing PM
• PM must be member of House of Commons
• Parliament must be summoned once a year

Question 14

Sir Ivor Jennings’ criteria for identifying Conventions:

Answer 14

• There must be precedents underpinning the convention.
• Parties must consider themselves bound by convention.
• There is reason for it’s existence.

Question 15

case for judicial recognition for existence of convention?

Answer 15

R v Secretary of State for Foreign and Commonwealth Affairs [2003]

Question 16

R v Secretary of State for Foreign and Commonwealth Affairs [2003]

Answer 16

“Not arguable that there was any constitutional convention of the breadth suggested”.