sources of the UK constitution Flashcards
government
Common law
-what judges decide becomes this
-judge made law
-tested in a court of law
-made on a constitutional basis
conventions
-convention= party that achieves most votes gets government
-FPTP
royal prerogatives
-held by PM + top ministers
-Charles 1 closed parliament- civil war
-filtered down powers of monarch to government
-e.g. Johnson closed parliament for 1 month during COVID
statute law
-defines citizens rights
-acts of Parliament
-written in one plays
-laws made, then go to statute books
-e.g. Fixed Terms Parliament Act, Dangerous Dogs Act
treaties
-part of statute law
-made in + debated by Parliament
-e.g. Representation of the People Act 1969
EU law
-does not take precedence over UK laws post-Brexit
-UK still follows some EU laws voluntarily
-intergrated into legal system
-e.g. Factattain case- proved EU law took precedence over UK
Authoritative works
-texts written to explain how constitution/parliament works
-The Cabinet Manual 2010- produced at start of coalition, internal rules + processes
-Walter Bagehot’s ‘The English Constitution’- 1867
-A V Dicey’s ‘introduction to the study of the Law of the Constitution- 1885’