UK Government: 2.1.1.3 Sources of the UK constitution

Question 1

List the sources of the UK constitution

Answer 1

SCCREW
1. Statue law
2. Common law
3. Convention
4. Royal prerogative
5. External works
6. Works of authority

Question 2

Explain statute law?

Answer 2

• Statute law-> Written laws passed by an act of Parliament
  -Enforceable in courts
  -Some statutes specifically build constitution e.g. HoL act 1999 all but 92 hereditary peers removed

Question 3

What is the power of statute law?

Answer 3

Parliamentary sovereignty
Popular legitimacy
The doctrine of implied repeal

Question 4

Define popular legitimacy

Answer 4

Made by representatives of people

Question 5

Define doctrine of implied repeal

Answer 5

New laws that contradict old ones are viewed as replacement

Question 6

Explain common law

Answer 6

Common law->Also known as case law made by judges based on precedent (experiences) with decisions from past cases informing future judgment.
-Many key values established by common law

Question 7

Describe the power of common law.

Answer 7

-used to fill gaps in statute law e.g. upskirting prosecuted by outraging public decency
-Judges used to interpret the language of the state e.g. ‘reasonable’ adjustment under the equality act

Question 8

Explain conventions

Answer 8

Conventions-> Rules of good political behaviour usually developed from established constitutional practice not legally enforceable but may cart political sanction if ignored.

Question 9

Give some named/important conventions

Answer 9

-Salisbury convention 1945-> don’t/HoL won’t oppose legislation in manifesto
-Sewel convention 1999-> Westminster will not legislate on devolution issues without context
-Since 2003 Parliament consulted on military action via common vote.

Question 10

When was the Salisbury convention developed?

Answer 10

1945

Question 11

When was the Sewel Convention developed?

Answer 11

1999

Question 12

When was the consulting on military action convention created?

Answer 12

2003

Question 13

Case study problem with conventions: BREXIT

Answer 13

-21018 EU withdrawal Act first bill of BREXIT legislation which fell into the scope of Sewele convention
-Scotlands devolved Parliament voted against however it went ahead anyway

Question 14

Explain prerogative power/ royal prerogative

Answer 14

Royal prerogative-> Set of powers traditionally held by Monarch, now exercised by GOV & ministers
-How these powers are used and managed by convention
-Prerogative powers:
->PM can appoint/remove members of cabinet
-> PM can choose when to perogy Parliament
->Can order military action and sign international treaties
->PM can appoint people to HoL

Question 15

Case study- prerogative powers: Military action

Answer 15

-Early 2024 PM launches airstrike against Houthi rebels
-didn’t consult Parliament
=> Used his constitutional Progative powers hence can choose not to ask

Question 16

Explain external works

Answer 16

-Also known as EU law (pre-leaving EU) & treaties
- Pre-BREXIT EU law was the key constitutional source
-Where EU & UK law conflicted EU took president
-International agreements: UN, NATO, IMF, commonwealth & world bank

Question 17

Explain works of Authority

Answer 17

Works of Authority-> Number of works that have become sources of guidance for GOV & now considered authoritative ( not legislative)
Examples:
-The English constitution-Walter Bagehot

Question 18

Scince ____ the ________ __ ___ act has assimlated _,___ pieces of EU law to constitution

Answer 18

Since 2023 the retained EU law act has assimilated 7,000 pieces of EU law into the constitution.

Question 19

Who wrote The English constitution ?

Answer 19

Walter Bagehot

Question 20

What work of authority did Walter Bagehot write?

Answer 20

The English constitution

Question 21

What is does the English constitution deal with (Walter Bagehot) ?

Answer 21

Changing role of PM in 19th century

Question 22

What work of Authority did A.V. Dicey write?

Answer 22

An introductory study of the law of the constitution

Question 23

Who wrote An introductory study of the law of the constitution?

Answer 23

A.V. Dicey

Question 24

Who wrote the work of authority A treatise on the law, privileges, proceedings and usage of Parliament

Answer 24

Erskine May

Question 25

What work of authority did Erskine May write?

Answer 25

A treatise on the law, privileges, proceedings and usage of Parliament

Question 26

What is does the A treatise on the law, privileges, proceedings and usage of Parliament deal with (Erskine May ) ?

Answer 26

Instructions for the workings of Parliament

Question 27

What does An introductory study of the law of the constitution deal with (AV Dicey)?

Answer 27

Establish the significance of Parliamentary sovereignty and principle of the rule of law