Explain and analyse the significance of three sources of the British constitution.
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- Created on: 30-12-20 14:01
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- Explain and analyse
the significance of three sources of the British constitution.
- Statute law
- law created by parliament, has to be approved by HoC, HoL and monarch.
- Not all acts have constitutional significance as not all have bearing on relationship between the state and people
- eg; dangerous dogs act 1991
- significant because it is the supreme source of constitutional law, as parliament is sovereign
- eg; Parliament Acts 1911 and 1949. Scotland Act 1998, Fixed Term Parliament Act 2011
- Common law
- legal principles that have been discovered, developed and applied by courts.
- judicial review allows for clarification when statute law is absent or unclear
- forms body of LEGAL PRECEDENT that guides lower courts and future law makers
- parliamentary sovereignty undermines significance as govt can overturn common law precedent
- includes customs that are accepted legally binding. eg ROYAL PREOGATIVE
- legal principles that have been discovered, developed and applied by courts.
- Authoritative works
- long established legal and political texts used as reference points for constitutional law
- no legal status, but hold persuasive authority, helpful in identifiying, interpreting core values of constitution
- eg; Bagehot's The English Constitution 1867 and AV Dicey's 1885 explanation of rule of law and p.sovereignity
- Statute law
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