TOPIC 5.5- The Constitution (Sources of The UK Constitution) Flashcards
Why does the constitution have several sources?
Because it is not codified
What are the 5 main sources of the UK constitution ?
statute law
common law
conventions
authoritative works
treaties
Statute law
Any law that has been passed by the UK Parliament and has received royal assent
Examples of Statute laws
Human Rights Act 1988
Fixed Term Parliaments Act 2011
Statute
Human Rights Act 1988
incorporated the codified European Convention of Human Rights into UK law
Statute
Fixed Term Parliaments Act 2011
replaced the PM’s power to call an election at any time with rule that elections should take place every 5 years, unless Parliament passes a vote of no confidence
Common law
Most common law concerns principles of rights and justice. These mostly have been replaced by the European Convention on HR
However, some of Parliament’s power and procedures are contained in common law
the prerogative powers of the PM, exercised on behalf of the monarch, are essentially common law powers, which have never been codified
Common law:
this is ‘judge-made law’- laws based on precedent and tradition. When deciding on the legality of a case, judges will use previous decisions on similar cases- these are examples of common law.
Convetions
unwritten political rules or practises that are considered binding, such as the Salisbury Convention that prevents the House Of Lords from blocking manifesto proposals
Authoritative works
Historical books and documents that clarify the meaning of constitutional principles
Example of authoritative works
A.V Dicey’s Law Of The Constitution 1855
Treaties
Agreements with external BODIES that bind the UK in some way
Give an example of treaties that bind UK
Sometimes these laws and treaties come into conflict with UK law, so questioning parliamentary sovereignty.
Examples include the Treaty of Rome (1957) and the Treaty of Lisbon (2009).
