Chapter 6- Sources Of The British Constitution

Question 1

Common Law

Answer 1

Judge-made law. Eg Rights of homeowners to tackle intruders. Guide to future lawmakers.

Question 2

Royal Preogative

Answer 2

Powers exercised in the name of the Crown by PM and government ministers.

Question 3

Royal Prerogative powers include the right to

Answer 3

• Give royal assent to legislation
• Declare war/negotiate treaties
• Appoint ministers

Question 4

Royal Prerogative limited by

Answer 4

Fixed Term Parliament act (2011) took away right to dissolve parliament

Question 5

Conventions

Answer 5

Rules/norms, unrecorded but followed from past experience

Question 6

Salisbury Convention

Answer 6

HoL should not vote down or wreck bills HoC sends through. Recognised in 1940s.

Question 7

Authoritative works

Answer 7

Established political/legal texts. Have no legal authority- ‘guides’.

Question 8

European Union Law

Answer 8

1973- UK became a member of EEC. Renamed European Community, then EU. Certain EU legislature Uk has to adopt- eg Human Rights Act.

Question 9

Statute law

Answer 9

Law created by parliament- approved by HoC and HoL.

Question 10

Name 3 EGs of Conventions

Answer 10

Queen approving legislature, not vetoing. Brown: vote before war. Salisbury Convention.

Question 11

Give an example of an Authoritative work

Answer 11

Erskine May’s ‘Treatise of the Law, Privileges, Proceedings and Usage of Parliament’- regarded as the Bible of parliamentary practice.

Question 12

Give two examples of Statute Law

Answer 12

Magna Carta (1215), Great Reform Act (1832) & European Communities Act- when UK joined the EEC (1972)