1.1 Nature and Sources of the UK constitution

• what are the 3 ways to describe the UK Constitution?

  uncodified unentrechned and unitary
• What are the 2 pillars of the constitution?

  Parliamentary Sovereignty and The Rule of Law
• What is the Westminster Model?

  used to describe a political system based on the British political system, including: parliamentary sovereignty, fusion of executive and legislature, political power is centralised.
• What did the Parliament Act 1911 and 1949 do?

  1911: HofL couldn't delay money bills and the rest of bills could only be delayed 2 years.

  1949: HofL could only delay legislation by 1 year.
• What did the 1972 European Comminities Act do?

  confirmed UK's entrance into European Economic Community and established EU law to take precedent over the UK's.
• What did the UK-EU Withdrawal Bill establish?

  remove UK from the EU, increasing soveriegnty.
• What did all the constitutional reform do since 1911?

  reduce power of HofL, and increase sovereignty of Parliament.
• Why is the way in which the constitutional reforms taken place unique?

  The constitution, being unwritten, was never changed due to revolution but gradual change within the political system/
• What are the 5 sources of the UK consitution?

  Treaties, Statute law, Authoritative text, common law, convention
• What are treaties?


  Agreements between the UK and other states, both have signed and are bound by.
• What is an example of a treaty?

  ECHR in 1951 - that meant individuals and bodies have to follow ECHR, higher than UK law.

  UK-EU Withdrawal Act - established terms of new relationship between EU and UK, such as customs and VAT procedures.
• What is statute law?

  law passed by Parliament

  makes up most of the constitution

  easily be introduced/changed/removed
• What are examples of Statute law?

  Human Rights Act 1998

  1969 Representation of the Peoples Act

  The Scotland Act and Government of Wales Act, establishing devolution
• What are Authoritative texts?

  books written by experts explaining the UK political system.

  useful guide

  cannot be enforced by law, isn't binding
• What are examples of Authoritative texts?

  AV Dicey's study in 1885 - that set out the twin pillars of the constitution.
• What is common law?

  Legal principle laid down by judges in their court ruling.

  often made to clarify the implementation of laws

  also known as "judge-made" law, which is contraversial as they are unelected.
• What are examples of common law?

  The presumption that everyone is innocent until proven guilty.
• What are conventions?


  Customs and practices about how the govt should behave

  not legally binding and can be weak as it relies on the respect of politicians to the political system
• What are examples of conventions?

  Salisbury Convention

  Individual ministerial responsibility

  monarch will always give royal assent

  referendum is used to decide key constitutional reform