Podcast
Questions and Answers
Which of the following is a source of the UK Constitution?
Which of the following is a source of the UK Constitution?
What does the term 'implied repeal' refer to in constitutional law?
What does the term 'implied repeal' refer to in constitutional law?
Which Act is an example of legislation that pertains to the constitutional allocation of powers?
Which Act is an example of legislation that pertains to the constitutional allocation of powers?
Which of the following statements is true regarding constitutional statutes?
Which of the following statements is true regarding constitutional statutes?
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What is NOT considered a source of the UK Constitution?
What is NOT considered a source of the UK Constitution?
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Which historical document is a part of the constitutional framework regulating the individual-state relationship?
Which historical document is a part of the constitutional framework regulating the individual-state relationship?
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According to AV Dicey, which of the following statements about legislation is true?
According to AV Dicey, which of the following statements about legislation is true?
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In the context of UK constitutional law, what is the role of judge-made law?
In the context of UK constitutional law, what is the role of judge-made law?
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What distinguishes a constitutional convention from legal rules in the context of political practices?
What distinguishes a constitutional convention from legal rules in the context of political practices?
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Which statement accurately reflects the relationship between constitutional conventions and legal constitutionalism in the UK?
Which statement accurately reflects the relationship between constitutional conventions and legal constitutionalism in the UK?
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What is the nature of the Royal Assent in the context of UK law and conventions?
What is the nature of the Royal Assent in the context of UK law and conventions?
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Which of the following is NOT a characteristic of constitutional conventions?
Which of the following is NOT a characteristic of constitutional conventions?
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What criterion is crucial for the appointment of a Prime Minister as per constitutional conventions?
What criterion is crucial for the appointment of a Prime Minister as per constitutional conventions?
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What distinguishes a constitutional convention from mere political practice?
What distinguishes a constitutional convention from mere political practice?
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Which statement best describes the nature of enforcement concerning constitutional conventions?
Which statement best describes the nature of enforcement concerning constitutional conventions?
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According to Adam Tomkins, how is a constitutional convention defined?
According to Adam Tomkins, how is a constitutional convention defined?
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What is an example of a consequence of violating a constitutional convention?
What is an example of a consequence of violating a constitutional convention?
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How are constitutional conventions characterized regarding their legal status?
How are constitutional conventions characterized regarding their legal status?
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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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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.
