L.2 Sources of  UK Constitution

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which of the following is NOT a legal source of the Constitution?

  • Common Law
  • Prerogative powers
  • Constitutional conventions (correct)
  • Acts of Parliament

What is the primary purpose of constitutional acts?

  • To regulate local government operations
  • To define the form and function of the state (correct)
  • To establish international treaties
  • To provide guidelines for common law

Which Act established the UK's membership to the EU?

  • Parliament Act 1911
  • European Communities Act 1972 (correct)
  • Magna Carta 1297
  • Scotland Act 1998

What significant right does the Magna Carta 1297 guarantee?

<p>Right to a trial by jury (A)</p> Signup and view all the answers

Which of the following acts restricts the powers of the House of Lords specifically regarding Money Bills?

<p>The Parliament Act 1911 (B)</p> Signup and view all the answers

Which document incorporates the European Convention on Human Rights into national law?

<p>Human Rights Act 1998 (A)</p> Signup and view all the answers

Which Act was expressly repealed by the EU Withdrawal Act 2018?

<p>European Communities Act 1972 (C)</p> Signup and view all the answers

What does Section 1(1) of the Scotland Act 1998 establish?

<p>A Scottish Parliament (A)</p> Signup and view all the answers

What is the significance of Section 19 in the legislation concerning Parliament?

<p>It adds legislative duties on Parliament. (B)</p> Signup and view all the answers

Which of the following is NOT a result of the Constitutional Reform Act 2005?

<p>Introduction of the House of Lords. (C)</p> Signup and view all the answers

What characterizes constitutional conventions?

<p>They are unwritten and non-legal rules. (C)</p> Signup and view all the answers

What does the Sewel Convention primarily regulate?

<p>The relationship between the UK government and Scottish devolved government. (A)</p> Signup and view all the answers

Which case held that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?

<p>A v Home Secretary. (A)</p> Signup and view all the answers

Which is NOT a principal concern of constitutional conventions?

<p>The financial responsibilities of Parliament. (C)</p> Signup and view all the answers

What is a potential drawback of codifying constitutional conventions?

<p>Rigidity in the constitutional system. (D)</p> Signup and view all the answers

What was the purpose of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?

<p>To increase accountability and transparency in judicial appointments. (C)</p> Signup and view all the answers

How does the Crown relate to the advice given by the Prime Minister in constitutional conventions?

<p>The Crown must accept and act on the advice of the Government. (C)</p> Signup and view all the answers

What does the Ministerial Code 2010 address?

<p>Ministerial conduct, both individual and collective. (A)</p> Signup and view all the answers

What type of legislation typically includes Orders in Council?

<p>Primary legislation (A)</p> Signup and view all the answers

Which of the following best defines constitutional acts?

<p>Legislation defining the form and function of the state and its institutions. (D)</p> Signup and view all the answers

What significant right does the Bill of Rights 1688 protect?

<p>Freedom of speech. (D)</p> Signup and view all the answers

Which Act further defined the relationship between the House of Lords and the House of Commons?

<p>The Parliament Act 1949 (B)</p> Signup and view all the answers

Which constitutional act defines the establishment of a Scottish Parliament?

<p>The Scotland Act 1998 (B)</p> Signup and view all the answers

Which of the following acts incorporates the European Convention on Human Rights into UK law?

<p>The Human Rights Act 1998 (C)</p> Signup and view all the answers

Which act signifies the end of the UK's membership in the EU?

<p>EU Withdrawal Act 2018 (C)</p> Signup and view all the answers

Which document established rights such as the right to a trial by jury?

<p>Magna Carta 1297 (A)</p> Signup and view all the answers

What does the Sewel Convention regulate?

<p>The relationship between the UK government and the devolved government in Scotland (D)</p> Signup and view all the answers

Which of the following is a significant reform introduced by the Constitutional Reform Act 2005?

<p>Establishment of the Supreme Court (A)</p> Signup and view all the answers

What is a characteristic of constitutional conventions?

<p>They are unwritten and non-legal rules (C)</p> Signup and view all the answers

Which of the following acts codified aspects of constitutional conventions?

<p>Scotland Act 2016 (D)</p> Signup and view all the answers

What is one disadvantage of codifying constitutional conventions?

<p>It could introduce rigidity into the system (C)</p> Signup and view all the answers

Which case determined that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?

<p>A v Home Secretary (B)</p> Signup and view all the answers

What constitutional role does the Prime Minister play concerning the Crown?

<p>The Prime Minister advises the Crown on the dissolution of Parliament (C)</p> Signup and view all the answers

Which body is established to oversee judicial appointments according to the Constitutional Reform Act 2005?

<p>Judicial Appointments Commission (D)</p> Signup and view all the answers

Which is NOT a recognized area of concern for constitutional conventions?

<p>The establishment of statutory regulations (D)</p> Signup and view all the answers

What defines common law as described in the content?

<p>Judge-made law based on precedent (C)</p> Signup and view all the answers

What is a key characteristic of acts of Parliament?

<p>They represent primary legislation. (D)</p> Signup and view all the answers

Which constitutional act defines the relationship between the UK and EU institutions?

<p>The European Communities Act 1972 (C)</p> Signup and view all the answers

What does the Human Rights Act 1998 incorporate into national law?

<p>The European Convention on Human Rights (B)</p> Signup and view all the answers

Which act explicitly redefined the powers of the House of Lords concerning money bills?

<p>The Parliament Act 1949 (C)</p> Signup and view all the answers

What does Section 1 of the Scotland Act 1998 declare?

<p>The establishment of a Scottish Parliament. (A)</p> Signup and view all the answers

Which of the following is NOT a source of the Constitution?

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

What does the term 'constitutional conventions' refer to?

<p>Traditions and practices guiding governmental functions (C)</p> Signup and view all the answers

Which act redefined the territorial boundaries of the Kingdom?

<p>The Union with Scotland Act 1706 (C)</p> Signup and view all the answers

What is one key function of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?

<p>To appoint judges to all courts in the UK (C)</p> Signup and view all the answers

Which of the following is NOT a reason cited against the codification of constitutional conventions?

<p>It allows for greater precision of the constitution (A)</p> Signup and view all the answers

How does the Prime Minister's role relate to the Crown concerning legislation?

<p>The PM advises the Crown on the dissolution of Parliament (B)</p> Signup and view all the answers

What does the Sewel Convention specifically regulate?

<p>The relations between the UK Parliament and the devolution of powers (B)</p> Signup and view all the answers

Which of the following acts codified the Sewel Convention?

<p>Scotland Act 2016 (A)</p> Signup and view all the answers

Which case demonstrated that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?

<p>A v Home Secretary (A)</p> Signup and view all the answers

What is a major reform introduced by the Constitutional Reform Act 2005?

<p>Creation of the Supreme Court (B)</p> Signup and view all the answers

What aspect do recent constitutional conventions primarily address?

<p>The exercise of prerogative powers (B)</p> Signup and view all the answers

What are common law decisions primarily based on?

<p>Judicial precedents (B)</p> Signup and view all the answers

Which of the following is characterized as non-legal rules in the Constitution?

<p>Constitutional conventions (B)</p> Signup and view all the answers

What type of legislation does the term 'secondary legislation' primarily refer to?

<p>Laws enacted by ministers (C)</p> Signup and view all the answers

Which act is associated with reestablishing the relationship between the House of Lords and the House of Commons?

<p>The Parliament Act 1911 (C)</p> Signup and view all the answers

What significant change did the EU Withdrawal Act 2019 (Benn Act) bring about?

<p>It repealed the European Communities Act 1972. (D)</p> Signup and view all the answers

Which constitutional act incorporates rights from the European Convention on Human Rights?

<p>Human Rights Act 1998 (C)</p> Signup and view all the answers

What is a primary focus of the constitutional acts listed in the content?

<p>To establish forms and functions of state institutions. (B)</p> Signup and view all the answers

Which act is not classified as a constitutional act despite having significant legal implications?

<p>The Children Act 1989 (A)</p> Signup and view all the answers

Which source is cited as a potential addition to the existing legal rules of the Constitution?

<p>International law (A)</p> Signup and view all the answers

What does Section 3 of the Constitutional Reform Act 2005 mandate the courts to do?

<p>Interpret legislation to align with the ECHR (B)</p> Signup and view all the answers

What is a key feature of constitutional conventions?

<p>They are unwritten and non-legal rules (D)</p> Signup and view all the answers

Which responsibility does the Governor-General hold in Commonwealth countries?

<p>Act on the advice of the British Prime Minister (D)</p> Signup and view all the answers

What does the Sewel Convention pertain to?

<p>The relationship between the UK government and devolved governments in Scotland (A)</p> Signup and view all the answers

What is one argument in favor of codifying constitutional conventions?

<p>It would provide greater precision and accountability (C)</p> Signup and view all the answers

What significant change did the Constitutional Reform Act 2005 introduce regarding judicial independence?

<p>It established the Judicial Appointments Commission (B)</p> Signup and view all the answers

Which case highlighted the incompatibility of the Terrorism Act 2005 with the Human Rights Act 1998?

<p>A v Home Secretary (B)</p> Signup and view all the answers

What is a major disadvantage of codifying constitutional conventions?

<p>It may lead to rigidity in the constitutional system (D)</p> Signup and view all the answers

In constitutional conventions, what role does the Prime Minister have regarding the Crown?

<p>The PM advises the Crown on the dissolution of Parliament (D)</p> Signup and view all the answers

Which Act codified certain aspects of the Sewel Convention?

<p>Scotland Act 2016 (A)</p> Signup and view all the answers

Which of the following accurately describes 'prerogative powers'?

<p>Powers that do not require legislative approval. (C)</p> Signup and view all the answers

Which of the following is a characteristic of secondary legislation?

<p>It is typically concerned with detailed arrangements. (C)</p> Signup and view all the answers

What important aspect does the Bill of Rights 1688 cover?

<p>Freedom of speech and parliamentary debates. (C)</p> Signup and view all the answers

What is the primary function of constitutional acts?

<p>To define the structure and functions of the state. (A)</p> Signup and view all the answers

Which statement best describes the 'European Communities Act 1972'?

<p>It defined the relationship between UK institutions and the EU. (A)</p> Signup and view all the answers

What does the 'Human Rights Act 1998' achieve in the context of UK law?

<p>It incorporates the European Convention on Human Rights into national law. (C)</p> Signup and view all the answers

Which constitutional act is primarily responsible for re-establishing Scottish Parliament?

<p>Scotland Act 1998 (D)</p> Signup and view all the answers

What is the significance of the 'Union with Scotland Act 1706'?

<p>It redefined the territorial boundaries of the Kingdom. (B)</p> Signup and view all the answers

What is the primary function of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?

<p>To oversee the appointment of judges in the UK (B)</p> Signup and view all the answers

Which of the following best describes the nature of constitutional conventions?

<p>They are unwritten and non-legal practices (A)</p> Signup and view all the answers

Which of the following actions characterizes the role of the Prime Minister according to constitutional conventions?

<p>The PM must maintain the independence of the judiciary (B)</p> Signup and view all the answers

What major change did the Scotland Act 2016 implement regarding devolved government?

<p>It codified the Sewel Convention (A)</p> Signup and view all the answers

Which of the following statements about the Sewel Convention is accurate?

<p>It regulates the relationship between devolved governments and UK Parliament (D)</p> Signup and view all the answers

What potential disadvantage is associated with codifying constitutional conventions?

<p>It may restrict the adaptive nature of constitutional practices (B)</p> Signup and view all the answers

Which of the following accurately reflects a responsibility of the Crown as per constitutional conventions?

<p>To grant Royal Assent to legislation proposed by Parliament (D)</p> Signup and view all the answers

What is a key feature of common law as defined in the provided content?

<p>It is judge-made law based on precedent (D)</p> Signup and view all the answers

What are constitutional acts primarily concerned with?

<p>Defining the relationship between different government branches (D)</p> Signup and view all the answers

What is a function of constitutional acts within the legal system?

<p>They define the functions of state institutions. (C)</p> Signup and view all the answers

Which of the following best describes a characteristic of primary legislation?

<p>It includes acts of Parliament and Orders in Council. (B)</p> Signup and view all the answers

Which act is known for incorporating the European Convention on Human Rights into UK law?

<p>Human Rights Act 1998 (D)</p> Signup and view all the answers

What does the term 'prerogative powers' refer to in the context of constitutional sources?

<p>Powers that are inherent to the Crown. (B)</p> Signup and view all the answers

Which of the following acts aimed to restrict the powers of the House of Lords regarding money bills?

<p>The Parliament Act 1911 (B)</p> Signup and view all the answers

What is one of the rights established by the Bill of Rights 1688?

<p>Right to freedom of speech (A)</p> Signup and view all the answers

Which act was repealed by the EU Withdrawal Act 2018?

<p>European Communities Act 1972 (C)</p> Signup and view all the answers

Which of the following best describes the role of acts of Parliament in the legal hierarchy?

<p>They hold the highest authority in legislation. (D)</p> Signup and view all the answers

What is one of the primary powers granted to the courts under Section 3?

<p>To interpret legislation enhancing compatibility with the ECHR (A)</p> Signup and view all the answers

Which statement best describes constitutional conventions?

<p>They are unwritten, non-legal rules governing constitutional practices (B)</p> Signup and view all the answers

What role does the Sewel Convention play in the UK's constitutional framework?

<p>Regulates relations between the UK and devolved governments (D)</p> Signup and view all the answers

What is a potential drawback cited against codifying constitutional conventions?

<p>Loss of flexibility within the constitutional framework (B)</p> Signup and view all the answers

How does the Prime Minister's relationship with the Crown influence Parliament's operations?

<p>The PM advises the Crown on the dissolution of Parliament (B)</p> Signup and view all the answers

Which body was created to oversee judicial appointments as a result of recent constitutional reforms?

<p>Judicial Appointments Commission (B)</p> Signup and view all the answers

Which major component was codified in the Scotland Act 2016 relevant to constitutional conventions?

<p>Regulation of the Sewel Convention (C)</p> Signup and view all the answers

What major change regarding judicial independence did the Constitutional Reform Act 2005 implement?

<p>It codified conventions on judicial independence (B)</p> Signup and view all the answers

Which scenario exemplifies the exercise of prerogative powers as mentioned in constitutional conventions?

<p>The Governor-General representing the Crown based on the PM's advice (D)</p> Signup and view all the answers

Flashcards

Legal Rules

Formal rules enforced by the courts and enforced by the state, such as Acts of Parliament and common law.

Constitutional Conventions

Informal rules that guide political behavior, but are not legally binding.

Prerogative Powers

Powers exercised by the Crown without the need for parliamentary approval, such as the power to appoint ministers.

Primary Legislation

Laws made by Parliament, considered the highest form of law in the UK. Examples include Acts of Parliament and Orders in Council.

Signup and view all the flashcards

Secondary Legislation

Laws made by ministers under powers delegated by Parliament, such as regulations and bylaws.

Signup and view all the flashcards

Constitutional Acts

Legislation that shapes the structure and operation of the state, such as how it is organized, who holds power, and the rights of citizens.

Signup and view all the flashcards

Hierarchy of Acts

The principle that, for most of their legal effect, later laws override earlier laws, meaning they become more significant in legal disputes.

Signup and view all the flashcards

Judicial Review

The process of reviewing the legality of government actions.

Signup and view all the flashcards

Constitutional Reform Act 2005

Constitutional Act 2005 establishes the Supreme Court, reforms the office of the Lord Chancellor and creates the Judicial Appointments Commission.

Signup and view all the flashcards

Common Law

Laws made by judges through past decisions (precedent).

Signup and view all the flashcards

Statute Law

Laws made by Parliament.

Signup and view all the flashcards

The Crown must accept and act on the advice of the Government.

The Crown must accept and act on the advice of the Government. This is the basis of the UK's government system.

Signup and view all the flashcards

The Prime Minister is the leader of the party with a majority in the House of Commons.

This convention states that the PM is the leader of the party with a majority in the House of Commons. It ensures that the government is accountable to Parliament.

Signup and view all the flashcards

The PM alone advises the Crown on the dissolution of Parliament.

This convention states that the PM advises the Crown on the dissolution of Parliament, leading to elections.

Signup and view all the flashcards

The Crown grants Royal Assent to all legislation.

This convention states that the Crown grants Royal Assent to all legislation, signifying its approval.

Signup and view all the flashcards

Sewel Convention

This convention regulates the relationship between the UK government and the devolved government in Scotland, ensuring their cooperation.

Signup and view all the flashcards

Parliament can make laws that are incompatible with the ECHR.

Parliament can make laws that are incompatible with the ECHR.

Signup and view all the flashcards

Compatibility Rule

A legal principle that requires courts to interpret legislation in a way that is compatible with the European Convention on Human Rights (ECHR).

Signup and view all the flashcards

Legislative Duty on Parliament

The duty imposed on Parliament to consider the compatibility of its legislation with the ECHR.

Signup and view all the flashcards

Interpretation of Legislation

A principle of constitutional law that determines how legislation is interpreted by courts.

Signup and view all the flashcards

Loss of Flexibility

An argument against codifying constitutional conventions, suggesting that it would make the constitution less flexible and adaptable.

Signup and view all the flashcards

Codification

The process of turning unwritten rules into written laws.

Signup and view all the flashcards

Judicial Review of Legislation

A key feature of the UK's constitutional system, where judges have the power to review laws made by Parliament and strike them down if they are incompatible with the ECHR.

Signup and view all the flashcards

Common Law Interpretation

A key principle of the UK's constitutional system, where judges apply common law principles and precedents in interpreting legislation.

Signup and view all the flashcards

What are Acts of Parliament?

Parliamentary Acts are the highest form of law in the UK.

Signup and view all the flashcards

What are Constitutional Conventions?

The rules that govern the way the UK is run, they are not legally binding but very important.

Signup and view all the flashcards

What are Prerogative Powers?

Powers that the Crown has without needing Parliament's approval.

Signup and view all the flashcards

What are Constitutional Acts?

Legislation that establishes the fundamental structure and operations of the state, including its institutions and citizens' rights.

Signup and view all the flashcards

What is Compatibility Review?

The process of making sure that a law is consistent with the Human Rights Act 1998.

Signup and view all the flashcards

What is Hierarchy of Laws?

The principle that later laws override earlier laws, meaning they become more legally significant.

Signup and view all the flashcards

What is Judicial Review?

The process of reviewing the legality of government actions to ensure they follow the law.

Signup and view all the flashcards

What is the Human Rights Act 1998?

This Act incorporated the European Convention on Human Rights into UK law.

Signup and view all the flashcards

What is Primary Legislation?

Laws enacted by Parliament, considered the highest form of law in the UK. Examples include Acts of Parliament and Orders in Council.

Signup and view all the flashcards

What is Secondary Legislation?

Laws made by ministers under powers delegated by Parliament, such as regulations and bylaws. It doesn't have the same weight as primary legislation.

Signup and view all the flashcards

What is the Hierarchy of Laws?

The principle that later laws override earlier laws, meaning they become more legally significant. This means if there are conflicting laws, the most recent one wins.

Signup and view all the flashcards

What does the Human Rights Act 1998 do?

Incorporates the European Convention on Human Rights into UK law, meaning the government must respect individuals' rights.

Signup and view all the flashcards

What is the Sewel Convention?

The relationship between the UK Parliament and the devolved governments of Scotland, Wales, and Northern Ireland. It ensures that the UK government doesn't make laws that could take away the devolved governments' powers.

Signup and view all the flashcards

What is the convention on the Crown's role?

The Crown must accept and act on the advice of the government, meaning the government has the real political power.

Signup and view all the flashcards

What is Common Law?

Laws made by judges through past decisions (precedent).

Signup and view all the flashcards

What is Codification?

The process of turning unwritten rules into written laws.

Signup and view all the flashcards

Acts of Parliament

Laws made by Parliament, considered the highest form of law in the UK.

Signup and view all the flashcards

Magna Carta 1297

The right to a fair trial with a jury and the right to protection against unlawful detention.

Signup and view all the flashcards

Human Rights Act 1998

Incorporates the European Convention on Human Rights into UK law, ensuring protection for individual rights.

Signup and view all the flashcards

Bill of Rights 1688

The right to debate freely in Parliament, with protection from legal repercussions.

Signup and view all the flashcards

What is the Constitutional Reform Act 2005?

The Constitutional Reform Act 2005 established the Supreme Court, reformed the office of the Lord Chancellor, and created the Judicial Appointments Commission.

Signup and view all the flashcards

What is A v Home Secretary?

A v Home Secretary is a case where the House of Lords held that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998.

Signup and view all the flashcards

What is the legislative duty on Parliament?

Parliament has a duty to consider the compatibility of its legislation with the ECHR.

Signup and view all the flashcards

What is the power of courts to interpret legislation?

Courts have the power to interpret legislation in a way that is compatible with the ECHR.

Signup and view all the flashcards

Should constitutional conventions be codified?

Codifying constitutional conventions would provide greater precision to the Constitution and increase accountability. However, it could also lead to a loss of flexibility and rigidity in the system.

Signup and view all the flashcards

How did the UK's membership in the European Union (EU) affect its constitutional framework?

The European Communities Act 1972 brought the UK into the European Union and defined its relationship with EU institutions. However, this Act was repealed by the EU Withdrawal Act 2018, leading to the UK's departure from the EU.

Signup and view all the flashcards

How did the Human Rights Act 1998 affect the UK's constitutional framework?

The Human Rights Act 1998 brought the European Convention on Human Rights into UK law, meaning that the government is now legally obligated to respect and protect the rights of its citizens.

Signup and view all the flashcards

Acts of Parliament (Primary Legislation)

These are laws passed by the UK Parliament, considered the highest form of law. Examples include the Human Rights Act 1998 and the Terrorism Act 2005.

Signup and view all the flashcards

Hierarchy of Laws

This principle states that later laws take precedence over earlier laws. In simple terms, the most recent law trumps the old one.

Signup and view all the flashcards

Crown's Role (Convention)

This convention states that the Crown must accept and act on the advice of the government. This means that the government, not the Crown, has the real political power.

Signup and view all the flashcards

Study Notes

Sources of the UK Constitution

  • Legal sources include Acts of Parliament, common law, and Orders in Council.
  • Non-legal sources are constitutional conventions and prerogative powers.
  • International law is not a primary source.
  • Laws enacted by ministers are secondary legislation.
  • Additional legal sources of UK constitution include Acts of Parliament and common law.
  • Legal sources encompass Acts of Parliament, common law (judge-made law), and Orders in Council.
  • Non-legal sources include constitutional conventions and prerogative powers.

Legislation

  • Primary legislation comprises Acts of Parliament and Orders in Council.
  • Secondary legislation consists of laws made by ministers.
  • Acts of Parliament are the highest form of law.
  • Orders in Council are primary legislation.

Constitutional Acts

  • Constitutional acts define the state's form, function, institutions (e.g., Crown, courts, and citizens), and roles; defining form and function of the state and its institutions.
  • Examples include: Magna Carta (1297—trial by jury and habeas corpus), Bill of Rights (1688—freedom of speech), Union with Scotland Act (1706), Parliament Acts (1911, 1949—limitation on House of Lords), European Communities Act (1972—EU membership—repealed; established UK membership and relations with EU institutions), Scotland Act (1998), Northern Ireland Act (1998), Government of Wales Act (1998), Human Rights Act (1998—incorporated ECHR; incorporates ECHR and sets out public body responsibilities and parliament duties; allows courts to interpret legislation compatibly with ECHR), Constitutional Reform Act (2005—Supreme Court, Lord Chancellor reforms; codifies judicial independence), EU Withdrawal Act 2018, EU Withdrawal Act 2019 (Benn Act),Scotland Act 1998 (Sec.1(1) establishes a Scottish Parliament, and Sec. 29 outlines Westminster-Scottish Parliament relations). and any other Acts enacting a specific role or function for specific institutions or citizens.
  • Constitutional Acts can establish a state's form (e.g., Monarchial, Republican), function, and institutions (e.g., Crown, courts, and citizens).

Common Law

  • Common law is derived from judicial precedents.
  • Key examples include the framework for prerogative powers (e.g., GCHQ case).
  • Courts interpret statutes (e.g., A v Home Secretary—Terrorism Act 2005 and Human Rights Act 1998 incompatibility; HoL held Terrorism Act 2005 incompatible with HRA 1998).

Constitutional Conventions

  • Constitutional conventions are unwritten, non-enforceable rules governing the UK government.
  • They primarily concern relations between executive, legislative, and judicial branches; relating to power exercise, relations between Houses, and UK-Commonwealth ties.
  • Examples include: the Crown accepting government advice, the Prime Minister's role as majority party leader, the Crown's grant of Royal Assent; PM is majority party leader.
  • Recent conventions include ministerial conduct rules (e.g., expense scandals, Iraq invasion) and the Sewel Convention (UK and devolved governments, codified in Scotland Act and Wales Acts).
  • Conventions regarding exercise of prerogative powers, Cabinet system, House of Lords/Commons relations, and UK-Commonwealth relations are central.
  • Conventions also exist regarding the setting of the Commons agenda by the PM, Leader of the House, and Leader of the Opposition. -Conventions define the unwritten rules and relationships between institutions in the UK. Their characteristics are unwritten, non-enforceable, and govern functions, power-sharing, and UK-Commonwealth relations.

Codification of Conventions

  • Arguments for codification include greater clarity and accountability.
  • Arguments against include reduced flexibility and difficulty in defining all conventions; loss of flexibility and system rigidity.
  • Scotland Act 2016 (Sec. 28(8)) and Wales Act 2017 (Sec. 107(6)) codified the Sewel Convention.

Hierarchy of Acts?

  • The hierarchy of acts is not explicitly specified.

Specific Legislation Examples

  • Magna Carta (1297): established rights to trial by jury and habeas corpus (judicial review).
  • Bill of Rights (1688): secured freedom of speech and protected parliamentary debates from legal challenge outside Parliament.
  • Union with Scotland Act (1706): redefined the UK's territorial boundaries.
  • Parliament Act 1911: limited the powers of the House of Lords regarding money bills.
  • Parliament Act 1949: further defined the relationship between the Lords and Commons (Bill rejection at second reading).
  • Scotland Act 1998: established a Scottish Parliament and outlines its relationship with the Westminster Parliament (Sec. 29). Defines the relationship between Westminster and the Scottish Parliament.
  • Northern Ireland Act 1998
  • Government of Wales Act 1998.
  • Human Rights Act 1998: incorporated the European Convention on Human Rights into UK law, defining public bodies (Sec. 6) and adding legislative duties on Parliament (Sec. 19) allowing interpretation of legislation for compatibility with the ECHR (Sec. 3).
  • Constitutional Reform Act 2005: established the Supreme Court and reformed the Lord Chancellor's office, codifying judicial independence (Sec. 3); created the Judicial Appointments Commission.
  • EU Withdrawal Act 2018/2019: repealed the European Communities Act and redefined the UK's exit from the EU.
  • European Communities Act 1972 (repealed) defined UK membership and EU relations.
  • Scotland Act 2016, Sec.28 (8): codifies Sewel Convention relating to UK and devolved government interactions.
  • Wales Act 2017, Sec. 107(6): codifies Sewel Convention relating to UK and devolved government interactions.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

More Like This

Constitutional Law and Parliament UK
8 questions
Understanding the UK Constitution
40 questions
Sources of the UK Constitution
18 questions
Introduction to Constitutional Law
50 questions

Introduction to Constitutional Law

ConsummateElectricOrgan6390 avatar
ConsummateElectricOrgan6390
Use Quizgecko on...
Browser
Browser