Sources of the British Constitution

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  • Sources of the British Constitution
    • 1) Statute Law
      • Acts of Parliament. Statute law can only be overturned by another Act of Parliament, due to Parliamentary Sovereignty
      • Eg: Human Rights Act (1998) and Parliament Acts (1911 and 1949)
    • 2) Common Law
      • Judge-made law. It is the legal precedent and customs through actions of judges
      • Eg: Royal Prerogative
    • 3) Conventions
      • Traditions and customs that have become accepted into our constitution. Can be overturned by statute law as they have no real legal standing
      • Eg: Collective Responsibility
    • 4) EU Law
      • In 1972, the Treaty of Rome (1957) was incorporated into British Law. This meant that EU laws and treaties have precedence over national laws. The only way to overturn this is to withdraw from the EU
      • Eg: airlines must display all-inclusive prices, including tax for flights departing from the EU
    • 5) Authoritative Works
      • Only have persuasive authority and usually clarify practices not outlined anywhere else
      • Eg: Bagehot's "The English Constitution"


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