Sources of the UK Constiution

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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


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