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topic 6- constitution and constitutional reform
rebecca- sources of the constitution
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Sources of the UK constitution
Parliamentary
Statutes
Common
Law
Conventions
Works
of
Authority
EU
Law &
Treaties
View source
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
View source
Historical statute laws in constitutional terms
Scotland
Act, 1998
Human Rights
Act, 1988
The
Constitutional Reform
Act, 2005
Fixed Term Parliaments
Act, 2011
View source
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
View source
Conventions
Rules
or
norms
of behaviour considered to be
binding
Usage over an
extended period
of time gives them a degree of
authority
View source
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
View source
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
View source
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
View source
UK's
withdrawal
from the
EU
has ultimately
removed
the
5th
source of the UK
constitution
View source
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