Constitutional Sources

Question 1

Legislation

Answer 1

Acts are used to shape and reform constitutional structures and relationships (e.g. Bill of Rights Act)

Question 2

Types of Legislation

Answer 2

• Legislation concerned with organisation and allocation of power to government
• Legislation concerned with the relationship between individuals and the state

Question 2

Case Law

Answer 2

Interprets and clarifies existing statutes, including the recognition and establishment of constitutional principles

Question 2

Types of Legislation
Case

Answer 2

Attempts to separate “ordinary law” from constitutional laws are yet to be accepted

Thoburn

Question 3

Case Law Con

Answer 3

PS can result in parliament overruling or changing a decision (Burmah)

Question 4

Case Law Case

Answer 4

Entick - Recognised a constitutional principle
M V Home Office - Established constitutional principle

Question 5

Conventions

Answer 5

Shapes the way the political system functions, due to the UK possessing many customs, it’s constitution is considered customary

Question 6

Conventions Cases

Answer 6

Sewel Convention
Salisbury Convention

Dicey - “Rules of the game”

Question 7

Royal Prerogative

Answer 7

often exercised by PM’s or elected officials and the powers have been limited through conventions and law reform

Question 8

Royal Prerogative Case

Answer 8

Fixed Terms Parliament Act (2011) - RP power being limited

Constitutional Governance and Reform Act 2010 - PR being placed on a statutory footing