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PUBLIC LAW
UK constitution
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Cards (10)
Uncodified constitution
Not
written
in a
single
document
The
legislature
Enacts primary legislation
The executive
Proposes and implements / executes law (
government
)
The
judiciary
Interprets
, applies and
enforces
the law
Separation of powers
Idea that power should be distributed among various state
institutions
and not
concentrated
Parliamentary Sovereignty
Acts of Parliament are the
highest
laws and cannot be
challenged
by anyone
Sources of the UK constitution:
Statute
Common
Law
Royal
Prerogative
Constitutional
Conventions
Before Brexit:
EU
Law
Implied repeal:
If faced with two
contradictory
Acts on same subject matter, the latter impliedly
repeals
the former
Examples of Constitutional statutes:
magna carta
bill of rights
act of
union
with
Scotland
1707
Scotland
Act 1998
Human Rights
Act 1998
Examples of prerogative powers:
Deployment of
Armed Forces
overseas
Signing and ratifying
treaties
Conduct of
diplomacy
Grant
mercy
Royal
assent