Sources of the UK Constitution

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  • Created by: 10-mrof
  • Created on: 26-02-16 19:17
What are the sources of the UK Constitution?
1) the royal prerogative 2) conventions 3) statute law 4) common law 5) works of authority 6) international organisations
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the royal prerogative
powers that used to be performed by the monarch, but transferred to PM + cabinet. these powers include the right to: declare war, sign peace treaties, send troops to fight in conflict, appoint ministers and judges. centred on PM
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constitutional conventions
unwritten rules of constitutional behaviour. eg - the individual who becomes PM comes from the house of commons [is an elected MP], the monarch accepts the advice of the prime minister + gives royal assent, ministerial + collective responsibility
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common law
principles created by judicial decisions. sometimes ministers may decide that they need to clarify or amend common law by passing legislation. when this happens, and an Act of Parliament comes into existence, it becomes a statute law
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statute law
created as a part of the legislative process. implemented by the executive. enforced by the judiciary. supreme form of law + parliament seen as the supreme law making body of Britain.
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works of authority
books offered vital expert guidance on what already exists, how the constitution works and the role of institutions and individuals (along with their powers etc). ‘works of authority’ v important [major source of info + help with its interpretation]
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membership of international organisations
EEC = Britain accepting that EU law would take precedence over British law and its constitution. EU law comes into existence as part of treaties/ legislation. before Britain joined the EU, the British parliament was sovereign in all matters
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Card 2

Front

powers that used to be performed by the monarch, but transferred to PM + cabinet. these powers include the right to: declare war, sign peace treaties, send troops to fight in conflict, appoint ministers and judges. centred on PM

Back

the royal prerogative

Card 3

Front

unwritten rules of constitutional behaviour. eg - the individual who becomes PM comes from the house of commons [is an elected MP], the monarch accepts the advice of the prime minister + gives royal assent, ministerial + collective responsibility

Back

Preview of the back of card 3

Card 4

Front

principles created by judicial decisions. sometimes ministers may decide that they need to clarify or amend common law by passing legislation. when this happens, and an Act of Parliament comes into existence, it becomes a statute law

Back

Preview of the back of card 4

Card 5

Front

created as a part of the legislative process. implemented by the executive. enforced by the judiciary. supreme form of law + parliament seen as the supreme law making body of Britain.

Back

Preview of the back of card 5
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