UK Government: 2.1.1.3 Sources of the UK constitution Flashcards
List the sources of the UK constitution
SCCREW
1. Statue law
2. Common law
3. Convention
4. Royal prerogative
5. External works
6. Works of authority
Explain statute law?
- 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
What is the power of statute law?
Parliamentary sovereignty
Popular legitimacy
The doctrine of implied repeal
Define popular legitimacy
Made by representatives of people
Define doctrine of implied repeal
New laws that contradict old ones are viewed as replacement
Explain common law
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
Describe the power of common law.
-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
Explain conventions
Conventions-> Rules of good political behaviour usually developed from established constitutional practice not legally enforceable but may cart political sanction if ignored.
Give some named/important conventions
-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.
When was the Salisbury convention developed?
1945
When was the Sewel Convention developed?
1999
When was the consulting on military action convention created?
2003
Case study problem with conventions: BREXIT
-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
Explain prerogative power/ royal prerogative
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
Case study- prerogative powers: Military action
-Early 2024 PM launches airstrike against Houthi rebels
-didn’t consult Parliament
=> Used his constitutional Progative powers hence can choose not to ask
Explain external works
-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
Explain works of Authority
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
Scince ____ the ________ __ ___ act has assimlated _,___ pieces of EU law to constitution
Since 2023 the retained EU law act has assimilated 7,000 pieces of EU law into the constitution.
Who wrote The English constitution ?
Walter Bagehot
What work of authority did Walter Bagehot write?
The English constitution
What is does the English constitution deal with (Walter Bagehot) ?
Changing role of PM in 19th century
What work of Authority did A.V. Dicey write?
An introductory study of the law of the constitution
Who wrote An introductory study of the law of the constitution?
A.V. Dicey
Who wrote the work of authority A treatise on the law, privileges, proceedings and usage of Parliament
Erskine May
What work of authority did Erskine May write?
A treatise on the law, privileges, proceedings and usage of Parliament
What is does the A treatise on the law, privileges, proceedings and usage of Parliament deal with (Erskine May ) ?
Instructions for the workings of Parliament
What does An introductory study of the law of the constitution deal with (AV Dicey)?
Establish the significance of Parliamentary sovereignty and principle of the rule of law
