Sources Of The UK Constitution

Question 1

Statute Law (primary source)?

Answer 1

Written laws passed as an Act of Parliament.
Enforceable in courts

Question 2

(Statute power)
Parliamentary sovereignty?

Answer 2

Laws cannot be overturned by any other body

Question 3

(Statute power)
Popular legitimacy?

Answer 3

Made by the representatives of the people

Question 4

(Statute power)
Doctrine of Implied Repeal?

Answer 4

New laws that contradict old laws are views as replacements

Question 5

Common law (case law)?

Answer 5

Law made by judges.
Based on precedent (decisions of past judges in form future judgements)
Many key British values established by common law (freedom of speech)

Question 6

Power of Common Law?

Answer 6

Fills gaps by statute law

E.g. pre- 2019, upskirting. Was prosecuted under common law offence of ‘outraging public decency’.

Question 7

Conventions?

Answer 7

Rules of politically good behaviour.
Usually developed from established constitutional practice.
Not legally enforceable. May have political sanctions.

Question 8

What is the Salisbury Convention (from 1945)?

Answer 8

HOL should not oppose legislation that is in the governing party’s manifesto.

Question 9

What is the Sewel Convention (from 1999)?

Answer 9

Westminster shall not legislate in devolved matters without seeking consent from the devolved assemblies first.

Question 10

When was the Sewel convention broken?

Answer 10

2018- The EU Withdrawal Act (1st piece of Brexit legislation). Scottish Parliament withheld consent, legislation was enacted anyway.

Question 11

Royal Prerogative?

Answer 11

Set of powers traditionally held by the Monarch but are now exercised by the government and its ministers.

Question 12

What are the Prerogative powers?

Answer 12

PM can:
1. Appoint and removed members of their own cabinet
2. Choose when to prorogue Parliament
3. Order military action and sign international treaties
4. Make appointments to the HOL

Question 13

External Works?

Answer 13

Pre Brexit- laws and treaties of the EU were a key constitutional source.
UK still beholden to other international agreements. E.g. UN, NATO, IMF, Commonwealth, World Bank.

Question 14

What has the Retained EU Law Act of 2023 done?

Answer 14

Assimilated nearly 7000 pieces of EU law into the UK constitution with over 4300 pieces currently unchanged.

Question 15

Works of Authority?

Answer 15

These works have become sources of guidance for the practice of government so are now considered authoritative.

Question 16

Key Works of Authority?

Answer 16

1. The English Constitution by Walter Bagehot 1867
2. An Introduction to the Study of the Law of the Constitution by AV Dicey 1885
3. A treatise on the law, privileges, proceedings and usage of Parliament by Erksine May 1844