Sources of the UK Constitution
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Questions and Answers

Which of the following is a source of the UK Constitution?

  • Legislation (Acts of Parliament) (correct)
  • Common law principles
  • Judicial regulations
  • Administrative guidelines

What does the term 'implied repeal' refer to in constitutional law?

  • The ability of constitutional statutes to be overridden by ordinary statutes
  • The formal repeal of an older law by a newer one
  • The situation where a newer law takes precedence without expressly repealing the previous one (correct)
  • The simultaneous validity of conflicting laws

Which Act is an example of legislation that pertains to the constitutional allocation of powers?

  • Education Act 1996
  • Scotland Act 1998 (correct)
  • Health and Safety at Work Act 1974
  • Companies Act 2006

Which of the following statements is true regarding constitutional statutes?

<p>They establish a hierarchy over ordinary statutes. (A)</p> Signup and view all the answers

What is NOT considered a source of the UK Constitution?

<p>Treaties (C)</p> Signup and view all the answers

Which historical document is a part of the constitutional framework regulating the individual-state relationship?

<p>Bill of Rights 1689 (D)</p> Signup and view all the answers

According to AV Dicey, which of the following statements about legislation is true?

<p>All laws have equal claim to be considered supreme law. (A)</p> Signup and view all the answers

In the context of UK constitutional law, what is the role of judge-made law?

<p>To interpret legislation and fill gaps in the law (D)</p> Signup and view all the answers

What distinguishes a constitutional convention from legal rules in the context of political practices?

<p>Constitutional conventions involve a sense of obligation. (C)</p> Signup and view all the answers

Which statement accurately reflects the relationship between constitutional conventions and legal constitutionalism in the UK?

<p>Constitutional conventions complement constitutional law. (D)</p> Signup and view all the answers

What is the nature of the Royal Assent in the context of UK law and conventions?

<p>It must be given after a bill passes through parliamentary stages. (B)</p> Signup and view all the answers

Which of the following is NOT a characteristic of constitutional conventions?

<p>They are legally binding in court. (D)</p> Signup and view all the answers

What criterion is crucial for the appointment of a Prime Minister as per constitutional conventions?

<p>The government maintaining confidence from the House of Commons. (C)</p> Signup and view all the answers

What distinguishes a constitutional convention from mere political practice?

<p>Constitutional conventions are binding rules of constitutional behavior. (B)</p> Signup and view all the answers

Which statement best describes the nature of enforcement concerning constitutional conventions?

<p>Constitutional conventions rely on political consequences rather than legal enforcement. (B)</p> Signup and view all the answers

According to Adam Tomkins, how is a constitutional convention defined?

<p>A non-legal, but nonetheless binding rule of constitutional behavior. (A)</p> Signup and view all the answers

What is an example of a consequence of violating a constitutional convention?

<p>Public disapproval and loss of trust. (B)</p> Signup and view all the answers

How are constitutional conventions characterized regarding their legal status?

<p>They are non-legal but still hold binding political weight. (C)</p> Signup and view all the answers

Flashcards

Sources of UK Constitution

Different places where the rules and principles of the UK constitution are found.

Legislation (Acts of Parliament)

Laws passed by the UK Parliament, forming part of the UK Constitution.

Constitutional Conventions

Rules of conduct that are not legally binding, but are usually followed.

Judge-made law

Rules established by court decisions, shaping the UK Constitution.

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Codified Constitution

A constitution written in one single document.

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International Law

Laws or principles from other countries, that affect the UK.

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Implied Repeal

A newer law can cancel an older one, even without specifically stating it.

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Constitutional Statute

Laws considered fundamental to the UK.

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What are constitutional conventions?

Non-legal rules of behavior in government. They're not enforced by courts, but breaking them can lead to political consequences.

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How are conventions enforced?

Conventions are not enforced by courts, but through political consequences. Breaking a convention might mean resignation, criticism, or loss of public confidence.

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Ministerial responsibility

The principle that ministers are accountable to Parliament for their actions and those of their departments. They must not knowingly mislead Parliament.

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What is a constitutional wrong?

A wrong that violates a constitutional convention, even if not illegal. It can lead to political backlash and damage a government's legitimacy.

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What is the weight of convention?

Conventions rely on their own authority and the respect they command. They have significant influence even without legal backing.

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Example: Royal Assent

The monarch's formal approval of a bill passed by Parliament. The law requires Royal Assent for a bill to become law, but the convention is that the monarch always grants it.

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Appointment of the Prime Minister

The monarch appoints the Prime Minister, conventionally choosing the leader of the party with the most seats in the House of Commons.

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Conventions and Legal Constitutionalism

Constitutional conventions are not enforceable by courts, but they play a vital role in the UK's unwritten constitution by supplementing legal rules.

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Ministerial Code & Cabinet Manual

Written documents that outline some of the UK's constitutional conventions. They are guidelines, not legally binding sources.

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Study Notes

UK Constitution Sources

  • Sources are where the rules and principles of a constitution are found
  • Codified constitutions are examples, such as the US Constitution or the German Grundgesetz
  • UK Constitution has no single codified document

Learning Objectives

  • Describe different sources of the UK Constitution
  • Explain relationship between different sources of the UK Constitution

Sources of the UK Constitution

  • Legislation (Acts of Parliament):
    • Often contains constitutional rules
    • Not always easy to distinguish codified constitutional elements from other legislation
    • Consider whether the law concerns:
      • Organizing and allocating powers to institutions (e.g., devolution, separation of powers)
      • Relationships between the individual and the state (e.g., Magna Carta, Bill of Rights, Human Rights Act)
  • Constitutional conventions: Unwritten rules of conduct that guide the government and political institutions.
  • Judge-made law: Laws created through court rulings and interpretations.
    • Judicial interpretation: Judges interpret laws, potentially changing their meaning
    • Common law: Judges create new law based on best practices in administration
      • Procedural fairness, reasonableness
      • Constitutional principles (e.g., rule of law)
      • Not as binding as statutes
  • International law: International treaties influence domestic legal practices.
    • Treaties are often enacted into legislation, giving domestic effect.
    • If not enacted into legislation, domestic law should interpret itself consistently with international treaties.

Legislation (Further Details)

  • Constitutional elements can be found in any Act
    • Not all legislation in the UK constitution has the same status; hierarchy exists.
  • Acts can be interpreted as ‘constitutional statutes’; their provisions are not easily amended
  • Laws LJ: a hierarchy between 'ordinary' vs 'constitutional' statutes
    • Normally, the more recent one prevails
    • Implied repeal is not applicable to constitutional statutes (Laws LJ)
    • UK Supreme Court support this view (Thoburn v Sunderland City Council; R (HS2 Action Alliance) and R (Miller))

Judge-Made Law

  • Judges cannot strike down laws, but interpretations can alter meaning significantly.

International Law

  • International treaties often affect domestic law
  • If not enshrined in domestic law, domestic law should align with the treaty where possible.

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Related Documents

UK Constitution Sources PDF
Constitutional Conventions PDF

Description

Explore the various sources of the UK Constitution, including legislation, constitutional conventions, and judge-made law. Understand how these elements contribute to the constitution's framework, and describe their relationships. Dive into the unwritten rules that guide the government and legal system.

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