Sources Of The Constitution and conventions

Question 1

Examples of legal sources

Answer 1

• Statute eg House of Lords act that removed hereditary peers
• Magna Carta - out restrictions on King Jon’s power

Question 2

Constitutional case

Answer 2

Woolmington v DPP - Established the idea that the prosecution had to prove beyond all reasonable doubt that a defendant was guilty

Question 3

Sources of a UK constitution

Answer 3

• Legal sources: Statute, common law

* Non- legal sources: Conventions

Question 4

What are conventions?

Answer 4

“Rules of political practice which are regarded as binding by those whom they apply but which are not Laws because they are not enforced by the courts”

Question 5

Examples of conventions:

Answer 5

1. ) Royal Assent: The monarch still has to give royal assent to a new law being passed. Last time a monarch refused was in 1708 when Queen Anne rejected the proposed Scottish Militia bill
2. ) Government will resign if it loses confidence in the House of Commons
3. ) Collective Cabinet Responsibility

Question 6

AG v Jonathon Cape

Answer 6

• The Sunday times wanted to publish diary extracts of Richard Crossman a deceased cabinet- minister
• Did this breach the collective cabinet responsibility convention?
• Queens Bench rejected injunction and allowed publication

Question 7

Liversidge v Anderson

Answer 7

• Home Secretary issued a writ for the detention of the appellant for hostile associations
• He was detained and remains so
• This questioned the separation on powers

Question 8

Should conventions be codified ?

Answer 8

Advantages:
• Provided clarity for conventions that are in doubt
• Is it acceptable for important rules to be complied in a non legal statute

Disadvantages:
•Conventions need to be vague and flexible
• loss of neutrality from courts