Sources of the UK Constitution Flashcards
(6 cards)
1
Q
Statue Law
A
- Statue Law is all legislation created by parliament
- Not all laws are constitutional- only those that deal with the nature of politics and government r the rights of citizens
- Statue law is the most important source of the constitution due to the principle of parliamentary sovereignty. All other sources can be overrides by statue law
2
Q
Examples of statue Law
A
- 2005 Constitutional Reform Act created a separate Supreme Court
- The 1918 Representation of the People Act which allowed all men and some women to vote
3
Q
Common Law
A
- Common law is made up of customs and judicial precedent (when judicial decisions clarify the meaning of statue or make ruikijgs in the absence of statue)
- A lot of constitutional principles such as the Royal Perogstivr are a party of common law
4
Q
Conventions
A
- Custom practices that are accepted as the way of doing things
- An example is the convention that the PM is the leader of the largest party in parliament
- Conventions can be removed or made permanent by statue law
- 2011 Fixed Term Parliament Act put into statue law the convention that the Government should resign if it is defeated in a vote of no confidence
5
Q
Authoritative works
A
- Authoritative works such as Walter Bagehots ‘The English Constitution’ are books or written guides to the working of the UK constitution
- Although they are widely respected, they are not legally binding
6
Q
Treaties
A
- Treaties are agreements signed with other countries
- The most important treaties affecting the UK constitution are the treaty that entered Britain into the ECC in 1972 and the Maastricht Treaty (1992) which established the European Union.
- The UK government recently negotiated a new treaty that allowed the UK to leave the EU (BREXIT)