Sources of the constitution Flashcards
What are the chracteristics of most constitutions?
Who’s it by? And in what case?
Lord justice laws in thornburn v Sunderland city council.
A constitutional statute is one which conditions the legal relationship between citizen and the state and enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights.
What are the sources of the constitution?
Eu law Primary legislation(acts of Parliament) Secondary legislation(statutory instruments) Common law and royal prerogative Constitutional conventions Authoratitive oppinions
What can be overridden by acts of Parliament?
Royal prerogative and common law
What are constitutional conventions?
Non legal rules that set out stable practices that should be followed by those who have been given specific constitutional legal powers to exercise.
Were created to control the power of office holders that control the royal prerogative
Is a creature of the political system
Braking constitutional conventions would go against our moral code.
Can the courts enforce constitutional conventions?
No