Public Law - Sources of UK Constitution -Acts of Parliament II
- Created by: Alasdair
- Created on: 12-11-20 16:43
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- Sources of UK Constitution -Acts of Parliament II
- Public Order Act 1986
- Relevant to civil liberties
- Allows limitations to be placed on rights of citizens to hold marches and meetings in public places
- Human Rights Act 1998
- Incorporates European Convention on Human Rights into our domestic law
- Marks fundamental change in protection of human rights by allowing citizens to raise alleged breaches of their human rights before domestic courts.
- Acts of devolution (e.g. Scotland Act 1998)
- Created devolved system of government in various parts of UK
- Acts establishing a Scottish Parliament and assemblies in Wales and Northern Ireland have decentralised process of government and given greater autonomy to these parts of UK
- Constitutional Reform Act 2005
- Transferred Lord Chancellor's powers as head of judiciary to Lord Chief Justice
- permitted House of Lords to elect its own Speaker
- Provided for creation of Supreme Court
- to replace Appellate Committee of House of Lords
- Created new body (the Judicial Appointments Commission)
- to oversee appointment of judges
- Act of constitutional importance
- enacted by Parliament in same way any other Act of Parliament
- No special procedure or majority required
- Acts not 'entrenched'
- Each Act may be repealed by an ordinary Act of Parliament, just like any other statute
- No other special procedure required for its repeal
- Some recent Acts of Parliament
- e.g. Scotland Act 2016
- Contain provisions stating Parliament will not legislate to achieve certain aims without holding referendum on relevant issue.
- enacted by Parliament in same way any other Act of Parliament
- Easy for Parliament to make significant changes to constitution
- Due to having unwritten constitution
- In absence of written constitution setting out a 'higher' form of law against which all legislation may be judged
- And also as result of development of doctrine of Parliamentary supremacy
- Parliament may enact such legislation as it wishes and our courts cannot strike down such legislation as unconstitutional
- Factors which limit Parliament's ability to change constitution tend to be:
- Political
- Economic
- Social
- Tend not to be strictly legal
- Public Order Act 1986
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