Sources of the UK Constiution
- Created by: harryboydwalker
- Created on: 26-02-19 12:03
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- Sources of the UK Constitution
- Statute Law
- an act of parliamnet which is approve by the commons and almost all of the Lords
- Highest form of law in the UK
- E.g of statute laws:
- Ministerial and Other Salaries 1975 - setting out pay of roles such as Lord chancellor and speaker, as well as having a maximum numbers for these roles
- House of Common disqualification Act - limits number of ministers in commons and qualifications to become posts such as Judges, civils servants etc
- Key constitutional statutes
- Scotland - Scotland act 1998 - establishing a Scottish parliament and then devolving further powers such as the ability to set income tax in 2014, with more further powers as a result of the 2016 referendum
- Key Constitutional Reforms: HOL Reform
- Most recent form of the Lords was seen in 1998 - where the number of hereditary peers was reduced to 92
- when a hereditary peers life peerage ends, a new hereditary peer is selected within an election
- Rights and Civil liberties - Freedom of Information Act 2001
- granting the public sector to reveal information to the public
- Common Law
- i.e a judicially made law, where judges rule on previous rulings made from other courts
- an example of common law is that a person has a duty to read contracts, meaning that if having not read a contract and signing it, the individual is still restrained by the contents of that contract
- Conventions
- surprisingly strong and long lasting
- more prevalent in countries with uncodified constitutions
- Examples of Constitutional Conventions: Parliament will not criticise the judiciary, ministers resign when they lose the confidence of the commons, collective cabinet responsibility and individual responsibility.
- Treaties & EU Law
- some treaties become Acts of Parliament - European Convention, becoming the HRA 1998
- European Law: EU laws apply/ied directly to the UK as being a member of the EU. European directives have been adapted to UK Law -- will change after brexit
- Ministerial Code - requiring ministers to comply with international law (not saying whether domestic or international law takes precedent in the event of a dispute
- Statute Law
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