WK 3 - T: Nature/Sources of UK Constitution

Question 1

Which constitutional source is most obviously ‘unwritten’?

Answer 1

• Constitutional conventions

Question 2

Is there a hierarchy of sources of constitution?

Answer 2

• Legislation
• Judge-made/common law + conventions
• Parliament can (un)make laws so legal hierarchy
• Political hierarchy (e.g., royal assent: not necessary but respected)

Question 3

What makes a statute ‘constitutional’?

Answer 3

• Regulates gov’t/public powers
• Law regards fundamental about persons & constitution (e.g., Human Rights Act; Scotland Act)

Question 4

How does parliamentary sovereignty effect hierarchy of statute?

Answer 4

• To uphold laws, must treat all the same so no hierarchy as such

Question 5

Which case indicates a different between ‘constitutional’ and ‘normal’ statutes?

Answer 5

Thoburn v Sunderland City Council

Question 6

What do sources of UK Con. indicate regarding political or legal constitutionalism?

Answer 6

• Political constitutionalism: backed by non-legal sanctions