Week 2: Sources of the UK Constitution

Question 1

What are the three primary sources of the UK Constitution ?

Answer 1

1. Legislation
2. Common Law
3. International Law

Question 2

True or False: There is a hierarchical structure to UK legislation.

Answer 2

False, however Thoburn v Sunderland City Council highlighted that constitutional statutes can be impliedly repealed.

Question 3

What is A. V. Dicey’s perspective on the proposition that there be a hierarchical structure to legislation.

Answer 3

‘Neither the Act of union nor the Dentists Act 1878 have claim that one be superior to the other’

Question 4

What are the three primary responsibilities of judges ?

Answer 4

1. Interpretation of constitutional statutes - Judges are responsible for interpreting otherwise vague legislation.
2. Extensions outside of interpretation - Contract law for instance is based upon a series of rulings that shape the way in which that area of law is taught.
3. A source of Public Law - Former rulings may influence future government action.

Question 5

What Act doemsticated the European Convention on Human Rights?

Answer 5

The Human Rights Act 1999

Question 6

What are the two legally binding methods of holding the government to account.

Answer 6

1. Judicial review
2. Legislation

Question 7

What did Sir Ivor say of Constitutional Conventions?

Answer 7

‘Flesh which clothes the dry bones of the Law’

Question 8

True of False: Conventions are legally enforceable.

Answer 8

False.

Question 9

What are the three features of the Jennings Test?

Answer 9

1. Is there precedent?
2. Do those concerned feel bound?
3. Is there a reason for the rule.

Question 10

What is the critisism of the Jennings test.

Answer 10

Definition of the Jennings Test cannot be confined to that which is laid out by the Jennings Test. For instance, its not necessarily a matter of whether there is or is not precedent but instead how significant is the precedent.

Question 11

What are the two examples of conventions which have relatively recently been codified?

Answer 11

1. Cabinet Manuel
2. The Ministerial Code

Question 12

Provide three reasons why constitutional conventions are obeyed.

Answer 12

1. Self service.
2. Reflects actors own morality.
3. Respect that constitutional morality is widely held.

Question 13

What are three potential consequences for not adhering to constitutional conventions?

Answer 13

1. No consequences.
2. Resignation/loss at General Election
3. May prompt conversion into Law