Four sources of the British Constitution

• Statute Law

  • Laws created by parliament (parliamentary legislation)
  • Secondary legislation - law made from delegated powers to implement primary legislation
  • Acts of parliament must be accepted by the HOC, HOL and the monarch
• Secondary legislation examples

  • New drugs or recent information that causes a drug to be more dangerous can be put under the Misuse of Drugs Act 1971
  • This is done by secondary legislation
• Acts of Parliament - Great Reform Act

  • Disenfranchised 56 boroughs in England and Wales
  • Creates 67 new constituencies
  • Broadened the franchises property qualifications in counties
• Parliament Acts 1911 and 1949

  • 1911 Parliament Act removed the power to Veto bills except one to extend the lifetime of parliament for the HOL
  • 1949 Parliament Act reduced the HOL power to delay bills to one year from two
• European Communities Act 1972

  • Act of parliament that allowed the UK to join the EEC, European coal and steel community and the European atomic energy community
  • Incorporated the Treaty of Rome into UK law
• Scotland Act 1998

  • Act of parliament that legislated for the Scottish parliament to be created
  • The parliament had tax varying powers
  • Creates new MPs, boundaries and electoral processes
  • Devolved power from the British parliament
• Human Rights Act 1998

  • Enshrines human rights into law
  • This allows them to be used in our justice system to protect the people
  • Allows UK nationals to rely on rights contained in the European convention
• Fixed term Parliament Acts 2011 and 2022

  • Set dates for general elections every 5 years
  • Stops PMs calling general elections in advantageous times
  • 2022 the act was appealed and the royal perogative is now used
• Common law

  • Courts interpret and clarify the law where it's not clear in the statue book
  • Common law created by judges and passed down
  • Magna carter is common law not statue law
• Importance of common law

  • Puts emphasis on precedent while allowing some freedom for interpretation
  • Value of common law is that the law can be adapted to situations that weren't contemplated at the time of legislature
• Royal perogative

  • Powers exercised by the monarch
  • Retain numerous powers like
  • Royal ascent to legislation
  • Declaring war
  • Appointing ministers
  • However these powers are exercises by government ministers as well
• Conventions

  • Established norms of politics
  • Also established through past experiences of political behaviour
  • Conventions dictate that the leader of the largest political party in parliament is invited into gov
  • Another example is that cabinet ministers agreeing with parties manifestos even if they disagree in private
• Significance of conventions

  • They ensure that the constitution operates in accordance with new issues
  • Conventions may evolve and new ones may emerge as attitudes change
• Authoritative works

  • Number of legal and political texts that have been accepted as works of authority for the constitution