UK Constitution: Sources

Question 1

Statute Law

Answer 1

Law made by Parliament (Acts). Most important source. 
Examples:
- Parliament Acts (1911 and 1949)
- Limited powers of HoL
- European Community Act 1972
- Authorised UK membership of EU
- Scotland Act 1998
- Wales Act 1999
- Established devolved assemblies

Question 2

Common Law

Answer 2

Based on tradition, custom and precedent.
Examples:
- Royal Prerogative (formal powers of the Crown)
- Traditional rights and freedoms (residual rights- everything not prohibited is permitted)

Question 3

Conventions

Answer 3

Nonlegal, lack clear definition. Upheld to make politics workable.
Examples:
- Royal Assent (to pass legislation- never denied)
- Appointment of PM (by monarch, leader of largest party in Commons)
- Referendums for major constitutional changes

Question 4

Works of Constitutional Authority

Answer 4

Oddity, necessary at times. Works by key authors who are authorities on constitutional issues. Lack legal authority.
Examples:
- Bagehot: ‘The English Constitution’ (1867)
- Erskine May: ‘Treatises on the Law, Privileges, Proceedings and Usage of Parliament’ (1844)

Question 5

EU Laws and Treaties

Answer 5

EU has higher status over UK law. Led to debate over ‘parliamentary sovereignty’.
Examples:
- 1986: Single European Act (established single market)
- 1993: Maastricht Treaty (political and monetary union BUT UK opted out of single currency)
- 2009: Treaty of Lisbon (modified version of proposed constitution)