Uncodified - no single document on which all rules that govern the UK are written down. There are no founders who drafted a constitutional document.
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Main feature of the UK constitution 2
• Evolution, rather than revolution. Lack of sufficient support from major political
parties. Yet, some debate at times as to whether codification is desirable
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Miller 2/Cherry, para 39
Although the United Kingdom does not have a single document entitled “The Constitution”, it nevertheless possesses a Constitution, established over the course of our history by common law, statutes, conventions and practice.
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2 Miller 2/Cherry, para 39
Since it has not been codified, it has developed
pragmatically, and remains sufficiently flexible to be capable of further development
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Sources of constitutional rules in the UK
1. Acts of Parliament (Statutes)
2. Common Law
3. Constitutional Conventions
4. Other sources
5. International Treaties
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Acts of Parliament
Made by Parliament (both Houses) and receive Royal Assent
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Common Law
Made by judges (judge-made law) of the higher courts and the Supreme Court. This goes back over 1000 years when judges selected the
customary law most common in the country and enforced it.
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Common Law 2
Case law was understood as a matter of common
culture. Precedent-based (flexible) as opposed to a comprehensive code (rigid)
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Interplay between Parliament and Courts
The law is made in or under statutes, but there are areas where the law has long been laid down and developed by judges themselves: that is the common law.
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Interplay between Parliament and Courts 2
However, it is not open to judges to apply or develop the common law in a way which is inconsistent with the law as laid down in or under statutes, ie by Acts of Parliament
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Interplay between Parliament and Courts 3
This is because Parliamentary sovereignty is a
fundamental principle of the UK constitution’
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Political constitutionalism
More prominent role for judges in the constitutional system
• Control of executive via parliament
insufficient for accountability
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Political constitutionalism 2
• Centrality of fundamental rights
• Different understanding of democracy – beyond majoritarianism, also focus on fundamental human rights
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Other cards in this set
Card 2
Front
Main feature of the UK constitution 2
Back
• Evolution, rather than revolution. Lack of sufficient support from major political
parties. Yet, some debate at times as to whether codification is desirable
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