The sources of the UK constitution Flashcards
What are the sources of a constitution?
- statute law
- works of authority
- common law and case law
- conventions
- EU treaties/law
acronym: some works (of art) come connected (to) emotions
What is a statute law?
In the UK there is no authority greater than statute law. It is a parliamentary bill approved by both houses of Parliament and then given the royal assent
Given two examples of statute law
- Parliament Act 1911
- Representation of the people act 1928
Give two examples of reforming acts
- Equality act 2010
- same-sex couples act 2013
What is common law?
Judgements made by judges in important legal cases; set precedents to be followed in future cases.
Give an example of a common law case
Naomi Campbell’s privacy case
In February 2001, The Mirror newspaper published a front-page article revealing that the supermodel, Naomi Campbell, suffered from drug addiction and was receiving treatment for the addiction. The article, headed “Naomi: I am a drug addict”. The tone of the article was sympathetic towards and supportive of Ms. Campbell.
The judgment also seems to give celebrities the upper hand from now on in their dealings with the press - particularly as the majority decisions suggest that less weight should be given to freedom of expression in the case of articles about celebrities than where there are issues of political speech or literary expression. The European Convention on Human Rights (the Convention) was incorporated into domestic UK law by the Human Rights Act 1998.
What is a convention?
A convention is an unwritten understanding about how something in Parliament should be done which, although not legally enforceable, is almost universally observed.
What is an example of a convention?
The Salisbury Convention is where the House Of Lords does not oppose the second or third reading of legislation that was in the winning party’s manifesto
What are landmark decisions?
historical events that are so momentous that they contribute towards the constitution e.g bill of rights 1689 asserts the subordination of the crown to parliament, as well as condemning “illegal and cruel punishments”.
What are authoritative works?
texts of such profound and enduring political significance that they contribute to the constitution
What is an example of authoritative works?
- Walter Bagehot’s “The English Constitution” 1867 explains the relationship between the monarchy, legislature, and the executive
- 2010 cabinet secretary, Gus O’Donnell, produced such a complete guide to how a coalition government should be established
What is a treaty?
a written agreement made between two or more political entities; due to the acceptance of the Treaty of Accession in 1972, UK accepted all existing European Community law.
What was the 2009 Lisbon treaty?
The Treaty of Lisbon will provide a European Union of 27 Member States with a stable institutional framework for the foreseeable future. The EU will be better able to tackle the challenges we face, including globalisation, climate change, energy security, terrorism, and organised crime.
order of importance of sources
Order of importance:
EU law
Statute law
Common law
Conventions and works of authority
