Sources of the Constitution

• What are statute laws?

  Acts of Parliament that have the effect of establishing constitutional principles. They are the highest legal authority in the UK, taking priority over other sources of the UK Constitution.
• Examples of Statute laws

  • Human Rights Act 1997
  • Parliament Act 1949
  • Scotland and Wales Act 1998 (Devolution)
• In the UK, a constitutional statute looks no different from any other statute. They all have equal status. In most other countries, a constitutional statute is clearly differentiated from other laws and is superior to them.
• What is a convention?

  An unwritten rule that is considered binding on all members of the political community. They are traditions that have developed through generations.
• Examples of constitutional conventions:

  • Collective responsibility: all members of the government must support official policy in public or resign or face dismissal
  • Salisbury Convention: states that the House of Lords should not block any legislation that appeared in the governing party's most recent election manifesto
  • Government formation: following an election, the monarch must invite the leader of the largest party in the Commons to form a government
• What are authoritative works?

  A work written by an expert describing how a political system is run. It is not legally binding but is taken as a significant guide.
• Examples of authoritative works:

  • The Sovereignty of Parliament
  • The rule of law
  • Constitutional monarchy: a principle that the monarch is limited in their role and can play no active role in politics
  • The 'O'Donnell Rules' of 2010: established how a coalition government may be formed
• What is Common Law?

  Refers to rules that have been established by judges through their rulings in court cases. The UK judiciary uses a principle of precedence; once a decision has been made on a case, similar cases will be considered similarly.
• Most common law concerns principles of rights and justice. These have mostly been replaced by the European Convention on Human Rights.
• What are Treaties?

  Formal agreements with other countries, usually ratified by Parliament
• Examples of treaties:

  • Lisbon Treaty 2009: Granted further powers and agreed to an effective EU constitution
  • The Paris Climate Change Accords 2015: saw the UK commit itself to an obligation to cut carbon emissions.
• Constitutional monarchy


  A system of government where the monarch serves as the head of state, but has limited powers and plays no active role in politics, with duties that are largely ceremonial and symbolic.
• 'O'Donnell Rules' of 2010

  A set of rules established by Sir Gus O'Donnell to provide guidance on how a coalition government may be formed, including: the largest party should have the first opportunity to form a government, the parties must agree on the division of Cabinet positions and policy priorities, and the coalition agreement should be published to ensure transparency and accountability.