Constitution

• Sources of the UK Constitution

  • Statute law
  • Common law
  • Conventions
  • Authoritative works
  • International law
• Statute law


  Law made by Parliament, highest legal authority
• Statute law examples


  • Bill of Rights 1688
  • European Communities Act 1972
• Common law


  Judge-made law, based on precedent
• Common law examples


  • Case of Proclamations 1611
  • A-G v De Keyser's Royal Hotel 1920
• Conventions


  Unwritten rules followed by government and parliament
• Authoritative works


  Books and articles that explain the Constitution
• International law


  Being part of international treaties may change UK laws, e.g. ECHR
• Historical documents

  • Magna Carta (1215)
  • Bill of Rights (1689)
• Magna Carta (1215)


  • Keeps the monarch from being absolute ruler
  • Helps distribute power between monarch and parliament
• Bill of Rights (1689)


  • Increased freedom for voters
  • Introduced regular sessions in Parliament
• Codified Constitution


  • Entrenched - difficult to amend or remove laws
  • Judiciable - constitutional court decides if government actions are constitutional
  • Strong checks and balances - separation of powers with units checking on their power
  • Clear laws and rules are enforceable and legally written
• Codified Constitution - Weaknesses

  • Inflexible - difficult to change and amend so likely to be outdated
  • Vague - Key issues often have to be resolved later by judges
  • Politicised judiciary - questions have been raised about bias
  • Revolutionary elements could be relevant to a dramatic overthrow of power so may not apply to current time
• Uncodified Constitutions - Weaknesses

  • Unentrenched - Constitutional laws can be changed for short term gain
  • Non-judiciable - judges cannot challenge Parliament's ability to make or amend laws
  • Too flexible - can be changed easily
  • Checks and balances are very weak
  • Weak rights protection - vulnerable to tyranny of the majority
• Uncodified Constitutions - Strengths

  • Flexible - sources can be changed without a lengthy amendment process
  • Evolutionary - Can constantly change and adapt to circumstances
  • More likely to find a compromise for voters
  • Non-judiciable - judges cannot challenge Parliament's ability to make or amend laws