Paragraph 1

Question 1

What are the sources of the constitutional law in a written constitution

Answer 1

A - the constitution itself and any amendments made to it
B - acts of Parliament dealing with matters of constitutional importance
C - judicial decisions interpreting the constitution

Question 2

What are the formal sources of constitutional law in the British constitution

Answer 2

1 - legislation -
2 - judicial precedent -
3 - the law and custom of Parliament -
4 - other rules and principles including constitutional conventions -

Question 3

1 - legislation

Answer 3

including acts of Parliament, legislation enacted by ministers and other authorities whom Parliament has conferred poet to legislate and legislation enacted by the organs of the European communities

Question 4

2 - judicial precedent

Answer 4

decisions of the courts expounding the common law or interpreting legislation, including decisions of European Court of Justice

Question 5

3 - the role and custom of Parliament

Answer 5

derived from the authority inherent in each House of Parliament to regulate its internal affairs. The court generally take the view that these matters are outside the law in its strict sense and are not directly enforceable in the absence of legislation giving effect to them

Question 6

4 - other rules and principles including constitutional conventions

Answer 6

the unwritten maxims of the constitution. Rules of constitutional behaviour which are considered to be binding by and upon those who operate the constitution, but which are not enforced by the courts, nor the presiding officers in the Houses of Parliament

Question 7

Example of legislation

Answer 7

Magna Carta 1215
The European Communities Act 1972
The Human Rights Act 1998
The Constitutional Reform Act 2005

Question 8

Example of judicial precedent

Answer 8

common law - laws and customs which have from early times been declared to be law by judges in the deciding cases e.g the writ of Habeas Corpus

Question 9

Examples of law and custom of Parliament

Answer 9

Each house has for centuries had certain privileges including power over its own procedure

Question 10

Examples of constitutional conventions

Answer 10

Royal assent - conventional rule that royal assent is to be granted by the queen in the advice of her ministers - if they advise her not to so, the queen could refuse to give her assent