Sources of the UK Constitution Flashcards
What is a statute law?
One passed by Parliament e.g. Human rights act, Fixed term Parliament act
In order of importance, what are the sources of the UK constitution?
Statute law, common law, convention, works of authority, treaties (inc EU law)
Why is statute law the most important source of the UK constitution?
Because of Parliamentary sovereignty
What is common law also known as?
Case law & legal precedent
What is common law?
Prior decisions by judges that have authority due to precedence. If a judge makes a decision (including the supreme court), then this decision will be the basis on which future situations will be viewed.
What 2 things can override common law?
A higher court (e.g. Supreme Court can override High Court) or Parliamentary Statute law
Is Royal Prerogative an example of statute law, common law or convention?
Common law
Name 3 conventions
Salisbury Convention, Significant Constitutional changes require a referendum, Military action should be subject to Parliamentary approval
What is convention
The way things have always been done… and therefore there is an expectation that things will be continue to be done that way.
Give an example of convention being Broken
The Sewell convention - this convention says that the UK government will not legislate on devolved matters. This was broken during Brexit several times. Arguably the Salisbury convention was broken by the HoL by placing ammendments on the EU withdrawal act in 2018 too.
Name 2 authoritive texts
Parliamentary Practice by Erskine May, The English Constitution by Walter Bagshot, Cabinet Manual Gus O’Donnell (used in coalition negotiations).
What is an authorative text?
Books/Texts written to try and explain the UK constitution. Politicians often use these books in debates by citing them as an authority on the matter. Therefore the books themselves are often seen as a integral part of the constitution.
Give an example where an authorative text has been used in modern politics.
Speaker John Bercow used Erskine May to stop Theresa May putting identical legislation through Parliament repeatedly. The Cabinet Manual was used to help organise the coalition in 2010.
What is a treaty?
A treaty is an agreement the UK signs with another country e.g. Joining the EU.
Why was EU law seen as contraversial?
It was ruled to be superior to UK law as a result of the Factortame case. Some EU sceptics said that this undermined Parliamentary sovereignty.
