Sources of the UK constitution

Cards (41)

  • What is one of the most important sources of the UK constitution?
    Statute law
  • Why does statute law override other laws in the UK?
    Due to the principle of parliamentary sovereignty
  • What is common law based on?
    Precedent and tradition
  • What are conventions in the context of the UK constitution?
    Non-legal established rules of conduct
  • What are works of authority in the UK constitution?
    Scholarly writings outlining constitutional correctness
  • What is the order of importance of UK constitutional sources?
    EU law, Statute law, Common law, Conventions
  • What does parliamentary sovereignty mean?
    Supreme power lies with Parliament
  • Who suggested that Parliament can do anything except turn a man into a woman?
    JS Mill
  • Why is Parliament considered sovereign?
    There is no codified constitution to challenge it
  • What challenges the idea of parliamentary sovereignty?
    Wider use of referendums
  • What is the second 'twin pillar' of the UK constitution?
    Rule of law
  • What does the rule of law state?
    The law applies to everyone, including government
  • What is meant by parliamentary government?
    Fusion of powers between executive and legislature
  • What is the role of the monarchy in the UK government?
    It has no real political power
  • What does EU membership mean for UK law?
    EU law can override statute law in some cases
  • What was established by the Factortame case of 1991?
    EU law can override UK law
  • What areas are affected by EU policy directives?
    Human rights, environmental policy, consumer affairs
  • What power does the UK Parliament retain regarding the EU?
    The power to leave the EU at any time
  • What document established the supremacy of Parliament over the monarch?
    Bill of Rights
  • What type of bills cannot be amended by the Lords?
    Money Bills
  • What is the term for a constitution not written as one document?
    Uncodified
  • What is the term for a constitution where power is centralized in one body?
    Unitary
  • What is sometimes referred to as 'judge-made law'?
    Common Law
  • Which Act united England and Wales with Scotland?
    Act of Union
  • What are long-established practices in the UK constitution?
    Conventions
  • What are the main sources of the UK constitution?
    • Statute law
    • Common law
    • Conventions
    • Works of authority
    • EU laws/treaties
  • What are the key principles of the UK constitution?
    • Parliamentary sovereignty
    • Rule of law
    • Constitutional monarchy
    • Parliamentary government
  • What are the implications of EU membership for the UK constitution?
    • EU law can override UK statute law
    • UK Parliament retains the power to leave the EU
    • Conflicts may arise between EU laws and UK laws
  • What challenges the concept of parliamentary sovereignty?
    • Increased use of referendums
    • Conflicts with EU laws
    • Practical considerations and outside interests
  • What is statute law?
    Law made by Parliament
  • Why is statute law important in the UK constitution?
    It overrides other laws due to sovereignty
  • What is common law?
    Judge-made law based on precedent
  • How do judges use common law?
    By referencing previous decisions on cases
  • What are the Royal Prerogative powers now exercised by?
    The Prime Minister
  • What are conventions in the context of law?
    Non-legal established rules of conduct
  • What is meant by collective responsibility?
    All ministers support government policy
  • What are works of authority?
    Scholarly writings on constitutional correctness
  • What is the status of EU laws in the UK?
    UK is subject to EU laws and treaties
  • What happens when EU laws conflict with UK law?
    It questions parliamentary sovereignty
  • What is the Treaty of Rome?
    An EU treaty from 1957