5 main sources of the UK constitution

• Treaties are agreements the UK has signed with other states and is therefore bound by.

  • As they are written down and the UK is unlikely to renege on its international obligations, they make the UK constitution partly codified and more entrenched.
  • This was especially the case when the UK was a member of the EU, as the EU treaties took precedence over UK statue laws passed by parliament.
• Examples of treaties

  • The Uk signed the ECHR in 1951
  • It means the individual and bodies in the UK are bound to follow the convention and can be held to account by european court of human rights, which isnt part of the EU
  • 2020 UK - EU withdrawal agreement established UK's exit from the EU
• Statue law

  • Is the body of law passed by parliament. Most laws arent constitutional, only those that effect the political system and citizens rights are.
  • Only requires a simple majority to be introduced/changed/removed - they make the constitution flexible and unentrenched
• examples of statue law

  • 1969 representation of the peoples act lowered the voting age to 18
  • The parliament acts of 1911 and 1949 limited the power of the House of Lords
  • Human rights act 1998 incorporated in the ECHR into the UK law
  • Scotland act and government of wales act
• Authoritative texts

  • books that explain the workings of the british political system
  • they are sued as guide and do help to shape political landscape
  • but not binding and cant be the enforced by law though.
• Examples of authoritative tects

  • AV dicey's study setting out parliamentary sovereignty and rule of law.
• Common law

  • Common law is legal principles laid down by judges in their rulings on court cases which provide precedents for later judgements.
  • These are often clairifications on the exact implementation of statue laws passed by parliament.
  • It is important in cases where it isnt clear how statue law should be applied.
• Example of common law

  • assumption that a person that is accused of a crime is innocent until proven guilty.
• What are conventions in government behavior?

  Customs and practices without legal force
• How can conventions be changed?

  They can be challenged by statutes
• Why can constitutions be seen as weak?

  They rely on respect from political institutions
• What makes a constitution difficult to enforce?

  Its reliance on respect and political institutions
• What is the impact of populism on constitutions?

  It can make them fragile and difficult to enforce
• What is the Salisbury Convention based on?

  The Tories' majority in the House of Lords
• What did the 1999 House of Lords Act do?

  It removed the Tory majority in the House of Lords
• Why is the Salisbury Convention considered problematic?

  It is based on an unelected House of Lords
• What are the characteristics of conventions in government?

  • Customs and practices
  • No legal force
  • Broadly accepted over time
  • Can be challenged by statutes
• What are the implications of a weak constitution?

  • Difficult to enforce
  • Relies on respect from institutions
  • Fragile under populism
• What is the significance of the Salisbury Convention?

  • Based on Tory majority in House of Lords
  • Challenges the legitimacy of an unelected body
  • Influenced by the 1999 House of Lords Act
• examples of convention

  • Individual ministerial responsibility hplds that ministers should resign over serious mistakes in their department
  • It is a convention that the monarch will always give royal assent to an act passed by parliament
  • the use of referendums - AV referendums, scottish independence referendum and 2016 EU referendum.