Uk constitution Flashcards
Statute Law
Law created by Parliament. Acts of Parliament have to be approved by HoC, HoL, and the monarch before they’re placed on statute books, at which point they have the force of law. They are then implemented by the executive and enforced by the courts
What are some examples of Statute Law
Great reform Act 1832, which extended the franchise
Parliament Acts 1911 and 1949, which established the HoC as the dominant chamber in the UK Parliament
What’s Common Law
Common Law includes legal principles that have been discovered, developed and applied by UK courts. Senior Judges in the UK’s higher courts use their power of judicial review to clarify or establish a legal position where statue law is absent or unclear
What’s examples of Common Law
The prerogative power to dissolve Parliament was ended by by the Fixed-term Parliament’s Act 2011 - just like the constitucional reform and governance act 2010 put the parliamentary scrutiny of treaties on a statutory basis
What are conventions?
Conventions are rules or norms of behaviour that are considered to be binding. Although they are neither codified nor legally enforceable, the 2011 Cabinet Office Manual sought to bring together many of these conventions in a single document, adding yet another written source to the UK constitution
What are examples of Conventions
During his short tenure as Prime Minister, Gordon Brown announced that the UK would not declare war without a parliamentary vote
Authoritative works
Refers to a handful of long-established legal and political texts that have come to be accepted as the reference points for those wishing to know precisely ‘who can do what’ under the UK constitution. While these texts hold no formal legal status, they do have ‘persuasive authority’
What’s an example of Authoritative works