The UK's Changing Constitution Flashcards
(14 cards)
Overlap : Statute - Case Law
Courts interpret statute and case law together, helping to clarify the law
Courts develop principles of law which influence the application of statutes
Overlap : Statute - Conventions
Statutes may legislate conventions
e.g. Parliaments Act 1949 and 1911
Conventions can guide the application of statutes
Overlap : Statute - RP
Statutes place limits on RP
e.g. Royal Marriages Act
Overlap : Case Law - Conventions
Courts may consider conventions when making decisions
e.g. Miller 1, courts highlighted the importance of conventions
Overlap : Case Law - RP
Miller 2 shows that case law can influence the interpretation and application of RP powers
Overlap : Conventions - RP
Conventions shape how RP powers can be used in certain circumstances
CL : Public Law Disputes (JR)
Provides the legal precedents and interpretations to guide the court when deciding if a public body has acted within the law
CL : Legislation
Legislation is often written in broad terms so case law helps show how to interpret and apply them by defining the scope and application
e.g. Women in Scotland, case law provided a definition for a broad term
CL : Constitutional Principles
Case law helps clarify and develop constitutional principle, often mentioning those not existing in statute which can establish their relevance in the constitutional framework
CL : Holding Institutions Accountable
Miller 2 shows the importance of holding the government accountable for their actions, ensuring the executive is bound by law
Significance : Statute
Most supreme legal authority in the UK and able to pass laws that affect the entire constitution
Significance : Case Law
Interprets and shapes constitutional norms
Significance : Conventions
Crucial for the functioning of politics but lack legal enforcement
Significance : RP
More constrained and holds much less impact than it once did as many powers are on statutory footing and/or subject to JR
