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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
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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
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Historical statute laws in constitutional terms
Scotland
Act, 1998
Human Rights
Act, 1988
The
Constitutional Reform
Act, 2005
Fixed Term Parliaments
Act, 2011
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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
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Conventions
Rules
or
norms
of behaviour considered to be
binding
Usage over an
extended period
of time gives them a degree of
authority
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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
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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
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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
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UK's
withdrawal
from the
EU
has ultimately
removed
the
5th
source of the UK
constitution
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