The Sources if the UK Constitution

Question 1

What is Statue Law?

Answer 1

• Laws passed by both Houses of Parliament and signed by the monarch. Supreme laws of the land and overrule customs and other traditions. Enforced by police, courts and government
• HRA (1998) guarantees civil liberties
• Constitutional Reform Act (2004) creates supreme court
• EU Withdrawal Act (2018) removed UK from EU

Question 2

What are Conventions?

Answer 2

• Unwritten rules or customs have become established through tradition
• Traditions more ritualistic: monarch signs bills, which pass into law, agreed by both houses of parliament, elections held on a Thursday
• Ministerial Responsibility: responsible for what their department does
• Collective Responsibility: Cabinet supports public decisions made by other ministers
• Major changes to the constitution are put to referendum
• The Salisbury Convention - House of Lords does not oppose policies in the manifesto

Question 3

What is Common Law?

Answer 3

• Laws based on rulings made by judges e.g the right to silence and the prohibition of slavery within Britain

Question 4

What are Royal Prerogatives?

Answer 4

• Powers have passed from the monarch to the PM
  Royal Prerogatives:
• power to declare war
• command armies
• appoint C of E bishops and members of House of Lords
• appoint senior officials
• power to appoint and dismiss ministers

Question 5

Written Works by Constitutional experts

Answer 5

• Allow newcomers to become quickly familiar with the established ‘constitution’ e.g:
• The British Constitution (1867) Walter Bagehot
• Parliamentary Practice (1847) Thomas Erskine May
• An Introduction to the Study of the Law and the Constitution (1885) A.V. Dicey

Question 6

Treaties e.g Membership of the EU

Answer 6

• Treaties alter the UK constitution and gave the EU certain powers to make rules that were binding on UK citizens:
• All existing laws and future laws of the European Community
• EU law took precedence over UK law
• Disputes determined by the courts, in particular, the European Court of Justice - sovereignty in specified areas was given up with many laws being established in Brussels
• Membership of bodies such as the UN and NATO means UK is required to meet certain international commitments, upholding rights, supporting allies, following international standards etc