Nature and sources

• The constitution determines how political power should be distributed within the state.
• The constitution determines the balance of power between institutions of government e.g. PM, cabinet, monarchy etc.
• The constitution establishes the political processes; rules that govern how the institutions operate.
• The constitution (democratic) usually limits governmental power but the UK does not for parliament.
• The constitution assert the rights of citizens in relation to that state.
• The constitution establishes rules by which nationality is established (how is a citizen) and the territory.
• Constitutions must be amended from time to time.
• king > parliament, PM, house of lords > house of commons, house of lords, cabinet, supreme court of judicature > ministries and offices, magistrates court > count courts, local government.

  
• Treaties: international agreements that become binding e.g. European convention of human rights.
• Constitutional conventions: an unwritten rule that have a lot of moral force, many powers of the PM are governed by such conventions.
• Common law: development of laws throughout historical usage and tradition, protects the basic rights and freedoms.
• Statute laws: act of parliament, the highest legal authority in the UK e.g. human rights act.
• Authorities works: the establishment of principles over a long period of time to become part of the constitutio e.g. rule of law.
• legal sovereignty: where ultimate and supreme legal authority lies e.g. parliament.
• Political sovereignty: ability to exercise legal peer, dealing with the reality of matters rather than pure principles.
• Popular sovereignty: the will of the people must be listened to and acted upon in order to maintain peace and ideas of British democracy.
• Pooled sovereignty: they may choose to share its legal authority with other bodies, such as the EU, the UN or NATO.
• The UK constitution is unentrenched.
• The UK constitution is not codified.
• The UK constitution is unitary.
• Devolution has created a sort of quasi-federalism in the uk.
• The “twin pillars” that uphold the Brtitiah political system are parlimentary sovereignty and the rule of law.
• Sources of the UK constitution:

  • statue laws
  • conventions
  • authoritative works
  • common law
  • treaties
• Nature of the UK constitution:

  • un-codified
  • un-entrenched
  • unitary
  • parliamentary sovereignty
  • rule of law