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Flashcards in Nature and Sources of UK Constitution Deck (16):
1

What is the nature of the UK Constitution?

Uncodified. Gradual evolutionary development.

2

Sources of UK Constitution:

Statutes.
Judicial.
Constitutional conventions.

3

Examples of Statutes which provide legislative spine for UK constitution?

- Magna Carta 1215 (reissued in 1297)
- Bill of Rights 1689
- European Communities Act 1972
- Human RIghts Act 1998
- Constitutional Reform Act 2005

4

Magna Carta 1215 (Reissued in 1297)

Challenged authoritarian powers of monarch by giving church and citizens increased liberties.

"No free man shall be taken/ imprisoned but by lawful judgement of peers".

5

Bill of Rights 1689

Limited monarchical power and established Parliament as supreme law making body.

Key Articles: 1,4,8 and 9

6

European Communities Act 1972

Regulates UKs membership of EU.

7

Human Rights Act 1998

Incorporated rights contained in European Convention into domestic law.

8

Constitutional Reform Act 2005

Altered role of Lord Chancellor and established Supreme Court.

9

Examples of Judicial decisions which provide source for UK constitution?

Entick v Carrington [1765]
Liversidge v Anderson [1942]

10

Entick v Carrington [1765]

Government minister cannot issue warrants permitting entry and search of private premises.

11

Liversidge v Anderson [1942]

(Contrasted Entick) Held that in times of crisis, courts cannot review home secretary's belief that detention without warrant was justified.

12

Albert Venn Dicey's definition of a convention?

"Understandings, habits or practices which, though they may regulate conduct of several members of the sovereign power, in reality are not laws at all as they are not enforceable".

13

Examples of Constitutional Conventions which provide source for UK constitution?

- Queen appointing PM
- PM must be member of House of Commons
- Parliament must be summoned once a year

14

Sir Ivor Jennings' criteria for identifying Conventions:

- There must be precedents underpinning the convention.
- Parties must consider themselves bound by convention.
- There is reason for it's existence.

15

case for judicial recognition for existence of convention?

R v Secretary of State for Foreign and Commonwealth Affairs [2003]

16

R v Secretary of State for Foreign and Commonwealth Affairs [2003]

"Not arguable that there was any constitutional convention of the breadth suggested".