sources of UK constitution

Cards (10)

  • Statute law: this is law made by Parliament, and is one of the most important sources of the UK constitution, as statute law overrides other laws, (EU laws excepted) due to the principle of parliamentary sovereignty. Examples would be the European Community Act of 1972, and the Human Rights Act of 1998.
  • Common law
    Judge-made law - laws based on precedent and tradition
  • Deciding on the legality of a case
    Judges will use previous decisions on similar cases
  • Conventions
    Non-legal established rules of conduct and behaviour - what is 'expected'
  • Conventions
    • Monarch granting Royal Assent to each bill passed by Parliament
    • Appointment of the Prime Minister (the leader of the Commons' largest party)
    • Collective responsibility (all government ministers openly support all government policy)
  • Works of authority
    Works written by scholars seen as experts in the constitution - they outline what is 'correct' for the UK constitution
  • Works of authority
    • Bagehot's The English Constitution (1867)
    • Dicey's An Introduction to the Study of the Law of the Constitution (1885)
  • EU laws/treaties
    The UK is subject to European laws and treaties, and will remain so until formally exiting the EU
  • EU laws/treaties
    Sometimes come into conflict with UK law, so questioning parliamentary sovereignty
  • EU laws/treaties
    • Treaty of Rome (1957)
    • Treaty of Lisbon (2009)