Sources of the constitution Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What are the chracteristics of most constitutions?

Who’s it by? And in what case?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the sources of the constitution?

A
Eu law 
Primary legislation(acts of Parliament)
Secondary legislation(statutory instruments)
Common law and royal prerogative 
Constitutional conventions 
Authoratitive oppinions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What can be overridden by acts of Parliament?

A

Royal prerogative and common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are constitutional conventions?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Can the courts enforce constitutional conventions?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly