Sources of the British Constitution

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Statute law

  • Statute law refers to Acts of Parliament, which from the most important source of the British Constitution.
  • E.G. Representation of the People Act 1969 ➪ lowered the voting age from 21 to 18.
  • E.G. HRA 1998 ➪ incorporated the European Convention on Human Rights into UK law.
  • HOWEVER, most statute law is not constitutional law ➪ E.G. education acts or annual finance act do not affect the Constitution.
  • Before the UK left the EU, EU law indirectly fromed a part of the British Constitution ➪ since EU law is supranational, this meant that EU laws and treaties automatically took precedent over any laws passed by Westminster and were binding on the UK government ➪ E.G. Lisbon Treaty signed in 2007.
  • This represented a clear if ultimately temporary limit on parliamentary sovereignty
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Common law

  • Common law is a body of unwritten laws based on legal precedents established by the courts ➪ E.G. freedom of expression and criminality of murder.
  • Common law can be and often is modified by statute law ➪ while there is not one specific law that makes murder a criminal offence, there is the obvious notion that it is a crime and has always been viewed as such by the state ➪ E.G. many statute laws have dealt with the punishment for murder, such as abolishing the death penalty in 1965
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The royal prerogative

  • The royal prerogative is the residual or remaining powers exercised in the name of the Crown.
  • Range from high-profile powers ➪ E.G. the power to prorogue parliament ➪ to less well-kown ones ➪ E.G. the issuing of UK passports.
  • E.G. In 2019 Johnson sought the Queen's permission to prorogue parliaments fro a longer than usual period of 5 weeks
  • In its modern incarnation, the royal prerogative could be seen as a key factor in boosting the powers of the PM and the executive
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Conventions

  • If laws are the 'nuts and bolts' of the British Constitution, then conventions are the 'oil and grease' that enables politics and particularly parliament to function efficiently and smoothly.
  • Conventions are unwritten, but are generally agreed on rules and procedures ➪ E.G. Sailsbury Convention 1945, agreed that the HOL will not oppose any legislation promised in its election manifesto
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Authoritative works

  • Arguably the least visiblle and clear sources of the British Constitution ➪ comprise a variety of books and documents that deal with areas including parliamentary procedures and the responsibilites and duties of government and ministers.
  • E.G. The Cabinet Manual (2010) ➪ produced by the Cabinet Office at the start of the coalition  government as a guide as to how British government and parliament would work includes ministerial conduct and the scrutiny of government by parliament
  • HOWEVER, they do not have the same power or authority as laws and can easily be overruled by parliamentary statute ➪ they are akin to conventions in this respect.
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