rebecca- sources of the constitution

Cards (9)

  • Sources of the UK constitution
    • Parliamentary Statutes
    • Common Law
    • Conventions
    • Works of Authority
    • EU Law & Treaties
  • Parliamentary Statutes
    • Laws created by parliament in the form of Acts of Parliament, implemented by the executive and enforced by the courts
    • Statute law is the supreme source of constitutional law because PARLIAMENT IS SOVEREIGN
  • Historical statute laws in constitutional terms
    • Scotland Act, 1998
    • Human Rights Act, 1988
    • The Constitutional Reform Act, 2005
    • Fixed Term Parliaments Act, 2011
  • Common Law
    • Development of laws through historical usage and tradition
    • Created when judges in the UK’s higher courts use their power of judicial review to clarify or establish a legal position where a statute law is unclear
  • Conventions
    • Rules or norms of behaviour considered to be binding
    • Usage over an extended period of time gives them a degree of authority
  • Works of Authority
    • Authoritative works that help identify, interpret, and understand the core values that underpin the constitution
    • Hold persuasive authority but no legal authority
  • Works of Authority
    • Erskine May (1844)- regarded as the bible of parliamentary practice
    • AV Dicey (1885)- ‘twin pillars’ of the constitution
    • Walter Bagehot (1867)- set out the role of the cabinet and the PM
  • EU Law & Treaties
    • UK's membership in the EU subject to the laws and judgements of the European Courts of Justice
    • EU law takes precedence over UK law
  • UK's withdrawal from the EU has ultimately removed the 5th source of the UK constitution