sources of the UK Constitution Flashcards
first source: S
-statute law
-it has the most authority
-made by parliament
-some statutes have special significance because they relate to the rights of a citizen/ how the gov. is organised
examples of the first source
-human rights act
-representation of the people act 1918
second source: C
-common law
-law made by judges
-it is the custom that a decision made by one judge must be followed by others facing similar facts
judges therefore are bound by legal precedents
example of second source
-precedent set by Dianne Petty case in 2002
-she campaigned for rights for assisted suicide
-was rejected because of the human rights act which protects the right to life
third source: EU
-EU law
-competition law
-EU law used to take precedence over UK law
examples of third source
-had to abide by environmental regulations set by EU e.g. clean beaches
-employment rights, protected under the social chapter of the maastrict treaty - still have this
fourth source: C
-conventions
-they are non legal rules, more like a code of conduct
-they are a key unwritten element of the constitiution
-they make politics workable, and are upheld for this reason
examples of fourth source
-the ministerial code which emphasises the importance of openness and transparency for everyone working in government
fifth source: W
-works of authority
-they are books
-they help to clarify uncertainties
-however they lack authority and are only there to be referred to
example of fifth source
-Walter Bagehot - the English Constitution (1867)
-talks about the role of the PM and cabinet government