Sources of the UK Constitution
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?- Created by: CR
- Created on: 25-02-16 20:35
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- Sources of the UK Constitution
- Works of authority
- Lack legal authority and their status can be subject to debate
- Helps to define what is 'proper' and 'correct' and to interpret different sources
- Examples include
- Walter Bagehot The English Constitution(1867) discusses role of PM and Cabinet
- AV Dicey An Introduction to the study of law of the Constitution (1885) defines parliamentary sovereignty and the rule of law
- Thomas Erkskine , Erkskine May (1884) practices and procedures/ rules of parliament
- AV Dicey An Introduction to the study of law of the Constitution (1885) defines parliamentary sovereignty and the rule of law
- Walter Bagehot The English Constitution(1867) discusses role of PM and Cabinet
- Lack legal authority and their status can be subject to debate
- Acts of Parliament
- Also known as Statue
- Formal Laws which are written down and have passed through the proper procedure in the Houses of Parliament
- Seen as the most important and will override other sources due to parliamentary sovereignty
- Examples that are significant to the constitution include
- Parliament Act 1911 and 1949
- Scotland Act 1998
- European Community Act 1972
- Human Rights Act 1998
- European Community Act 1972
- Government of Wales Act 1998
- House of Lords Act 1999
- Constitutional Reform Act 2005
- House of Lords Act 1999
- Scotland Act 1998
- Parliament Act 1911 and 1949
- Also known as Statue
- Major Constitutional Documents
- Historic documents which guide our way of life
- Includes
- The Magna Carta 1215 (monarch should be answerable to the citizens of the country; right to trial by jury) (Rule of law)
- Bill Of Rights 1689 (human rights of Uk citizens- up until HRA 1998
- Includes
- Historic documents which guide our way of life
- Royal Perogatives
- Powers of the crown
- Usually exercised by the Prime Minister and other Ministers now, or subject to parliamentary consultation
- Includes
- Power to appoint, reshuffle and sack ministers
- Power to declare war
- Power to resolve and recall parliament
- Power to ratify (sign) international treaties
- Power to exercise mercy (Home Secretary)
- Power to appoint, reshuffle and sack ministers
- Includes
- EU Law
- Is Supreme above UK law since the European Communities Act 1972
- Significant treaties include:
- Treaty Of Rome 1957 (founded the EU)
- Single European Act 1986 (established single European market free trade and free movement of workers)
- Treaty on European Union/ Maastricht Treaty 1993 (established the euro currency- UK opted out)
- Treaty Of Lisbon 2007 (decision- making arrangements in the EU
- Treaty Of Rome 1957 (founded the EU)
- Significant treaties include:
- Is Supreme above UK law since the European Communities Act 1972
- Common Law
- Laws based on tradition and Precedent decided over the years by the courts on a case-by-case basis.
- Judges have to follow the decisions of superior judges in previous cases- this is called Precedent
- Includes:
- The Law on Murder
- Royal Perogative
- Rights of Citizens (until Human Rights Act 1998)
- Royal Perogative
- The Law on Murder
- Includes:
- Constitutional Conventions
- Defined as a rule of conduct or behaviour based on custom and prior actions
- Includes:
- Government will resign/ call an election if defeated in a 'major bill' in The House of Commons or lose the confidence of The House of Commons
- Cabinet proceedings should be kept secret
- UK does not declare war without a parliamentary debate (Gordon Brown 2007)
- Collective Ministerial responsibility (for the cabinet)
- PM should be chosen from The House Of Commons
- Royal Assent is always granted (not rejected since 1707)
- Individual Ministerial responsibility (for their department)
- Government will resign/ call an election if defeated in a 'major bill' in The House of Commons or lose the confidence of The House of Commons
- Includes:
- No legal standing and no repercussions if not followed
- Defined as a rule of conduct or behaviour based on custom and prior actions
- Works of authority
- Books written by experts on Constitutional issues
- Lack legal authority and their status can be subject to debate
- Helps to define what is 'proper' and 'correct' and to interpret different sources
- Examples include
- Walter Bagehot The English Constitution(1867) discusses role of PM and Cabinet
- AV Dicey An Introduction to the study of law of the Constitution (1885) defines parliamentary sovereignty and the rule of law
- Thomas Erkskine , Erkskine May (1884) practices and procedures/ rules of parliament
- AV Dicey An Introduction to the study of law of the Constitution (1885) defines parliamentary sovereignty and the rule of law
- Walter Bagehot The English Constitution(1867) discusses role of PM and Cabinet
- Lack legal authority and their status can be subject to debate
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