Sources of UK consitution

Question 1

Different types of source

Answer 1

Statue

Bill of rights 1689

Act of Settlements 1700

Parliament act 1911
then
Parliament act 1949

Question 2

Judicial decisions/common law

Answer 2

Courts can interpret but also

Can recognise, establish or develop importatnt consitutional princiles

Question 3

Examples of Common law (1)

Answer 3

Anisminic v FCC

Entick v Carrington
- Created new constitutional rule - Needs to be explicit legal authority for government to interfere with a citizens property.

Question 4

Common Law 2

Answer 4

Burmah Oil v Lord Advocate
- Held that compenstaion could be given for a royal perogative

Immediatley reversed by parliament

M v Home Office
- Court ruled on its own consitutional powers

Question 5

Basic Relationship

Answer 5

Act of Parliament is supreme

Statue has effect over inconstitent Common Law

Statue needs to be interpretered to see its meaning - often done it make it compatable with common law

Question 6

Royal perrogative

Answer 6

Appointmen tof PM/Ministers
Royal assent
Treaties / foreign affairs / war
Dissolution / prorogation of parliament
Other stuff

Question 7

Limits of the prerogative

Answer 7

Marksinis - The king does not do any of this himself - government exercises the power even tho it is not legally theirs.

Question 8

Consitutional Conventions

Answer 8

Non legal rule
Binding on consitutional actors

Question 9

Shaping exercise of legal powers

Answer 9

Appointments of PM = Confidence of commons

Seal Conventions = Limit of parliamentary law-making

Royal assesnt cannot be refused

‘Cardinal conventions (brazier) = King acts on ministerial advice

Question 10

Ministerial responsibility

Answer 10

Indivual responsibility (Personal conduct)
Collective responsibility (Support for government policy)

Question 11

Bindingness of consitutional conventions

Answer 11

• “They are more than mere constitutional habit…they act as restraints on the freedom of political parties in government to pursue their sectional ends” (Jaconelli)

Question 12

How do sources interact - Basic relationship

Answer 12

Act of parliament is supreme

Statue has effect over inconsistent common law rules

but statue needs to be interpreted to see its meaning

often done to make it consitent with common law