Podcast
Questions and Answers
Which of the following is NOT a legal source of the Constitution?
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?
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?
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?
What significant right does the Magna Carta 1297 guarantee?
Which of the following acts restricts the powers of the House of Lords specifically regarding Money Bills?
Which of the following acts restricts the powers of the House of Lords specifically regarding Money Bills?
Which document incorporates the European Convention on Human Rights into national law?
Which document incorporates the European Convention on Human Rights into national law?
Which Act was expressly repealed by the EU Withdrawal Act 2018?
Which Act was expressly repealed by the EU Withdrawal Act 2018?
What does Section 1(1) of the Scotland Act 1998 establish?
What does Section 1(1) of the Scotland Act 1998 establish?
What is the significance of Section 19 in the legislation concerning Parliament?
What is the significance of Section 19 in the legislation concerning Parliament?
Which of the following is NOT a result of the Constitutional Reform Act 2005?
Which of the following is NOT a result of the Constitutional Reform Act 2005?
What characterizes constitutional conventions?
What characterizes constitutional conventions?
What does the Sewel Convention primarily regulate?
What does the Sewel Convention primarily regulate?
Which case held that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?
Which case held that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?
Which is NOT a principal concern of constitutional conventions?
Which is NOT a principal concern of constitutional conventions?
What is a potential drawback of codifying constitutional conventions?
What is a potential drawback of codifying constitutional conventions?
What was the purpose of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?
What was the purpose of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?
How does the Crown relate to the advice given by the Prime Minister in constitutional conventions?
How does the Crown relate to the advice given by the Prime Minister in constitutional conventions?
What does the Ministerial Code 2010 address?
What does the Ministerial Code 2010 address?
What type of legislation typically includes Orders in Council?
What type of legislation typically includes Orders in Council?
Which of the following best defines constitutional acts?
Which of the following best defines constitutional acts?
What significant right does the Bill of Rights 1688 protect?
What significant right does the Bill of Rights 1688 protect?
Which Act further defined the relationship between the House of Lords and the House of Commons?
Which Act further defined the relationship between the House of Lords and the House of Commons?
Which constitutional act defines the establishment of a Scottish Parliament?
Which constitutional act defines the establishment of a Scottish Parliament?
Which of the following acts incorporates the European Convention on Human Rights into UK law?
Which of the following acts incorporates the European Convention on Human Rights into UK law?
Which act signifies the end of the UK's membership in the EU?
Which act signifies the end of the UK's membership in the EU?
Which document established rights such as the right to a trial by jury?
Which document established rights such as the right to a trial by jury?
What does the Sewel Convention regulate?
What does the Sewel Convention regulate?
Which of the following is a significant reform introduced by the Constitutional Reform Act 2005?
Which of the following is a significant reform introduced by the Constitutional Reform Act 2005?
What is a characteristic of constitutional conventions?
What is a characteristic of constitutional conventions?
Which of the following acts codified aspects of constitutional conventions?
Which of the following acts codified aspects of constitutional conventions?
What is one disadvantage of codifying constitutional conventions?
What is one disadvantage of codifying constitutional conventions?
Which case determined that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?
Which case determined that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?
What constitutional role does the Prime Minister play concerning the Crown?
What constitutional role does the Prime Minister play concerning the Crown?
Which body is established to oversee judicial appointments according to the Constitutional Reform Act 2005?
Which body is established to oversee judicial appointments according to the Constitutional Reform Act 2005?
Which is NOT a recognized area of concern for constitutional conventions?
Which is NOT a recognized area of concern for constitutional conventions?
What defines common law as described in the content?
What defines common law as described in the content?
What is a key characteristic of acts of Parliament?
What is a key characteristic of acts of Parliament?
Which constitutional act defines the relationship between the UK and EU institutions?
Which constitutional act defines the relationship between the UK and EU institutions?
What does the Human Rights Act 1998 incorporate into national law?
What does the Human Rights Act 1998 incorporate into national law?
Which act explicitly redefined the powers of the House of Lords concerning money bills?
Which act explicitly redefined the powers of the House of Lords concerning money bills?
What does Section 1 of the Scotland Act 1998 declare?
What does Section 1 of the Scotland Act 1998 declare?
Which of the following is NOT a source of the Constitution?
Which of the following is NOT a source of the Constitution?
What does the term 'constitutional conventions' refer to?
What does the term 'constitutional conventions' refer to?
Which act redefined the territorial boundaries of the Kingdom?
Which act redefined the territorial boundaries of the Kingdom?
What is one key function of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?
What is one key function of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?
Which of the following is NOT a reason cited against the codification of constitutional conventions?
Which of the following is NOT a reason cited against the codification of constitutional conventions?
How does the Prime Minister's role relate to the Crown concerning legislation?
How does the Prime Minister's role relate to the Crown concerning legislation?
What does the Sewel Convention specifically regulate?
What does the Sewel Convention specifically regulate?
Which of the following acts codified the Sewel Convention?
Which of the following acts codified the Sewel Convention?
Which case demonstrated that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?
Which case demonstrated that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?
What is a major reform introduced by the Constitutional Reform Act 2005?
What is a major reform introduced by the Constitutional Reform Act 2005?
What aspect do recent constitutional conventions primarily address?
What aspect do recent constitutional conventions primarily address?
What are common law decisions primarily based on?
What are common law decisions primarily based on?
Which of the following is characterized as non-legal rules in the Constitution?
Which of the following is characterized as non-legal rules in the Constitution?
What type of legislation does the term 'secondary legislation' primarily refer to?
What type of legislation does the term 'secondary legislation' primarily refer to?
Which act is associated with reestablishing the relationship between the House of Lords and the House of Commons?
Which act is associated with reestablishing the relationship between the House of Lords and the House of Commons?
What significant change did the EU Withdrawal Act 2019 (Benn Act) bring about?
What significant change did the EU Withdrawal Act 2019 (Benn Act) bring about?
Which constitutional act incorporates rights from the European Convention on Human Rights?
Which constitutional act incorporates rights from the European Convention on Human Rights?
What is a primary focus of the constitutional acts listed in the content?
What is a primary focus of the constitutional acts listed in the content?
Which act is not classified as a constitutional act despite having significant legal implications?
Which act is not classified as a constitutional act despite having significant legal implications?
Which source is cited as a potential addition to the existing legal rules of the Constitution?
Which source is cited as a potential addition to the existing legal rules of the Constitution?
What does Section 3 of the Constitutional Reform Act 2005 mandate the courts to do?
What does Section 3 of the Constitutional Reform Act 2005 mandate the courts to do?
What is a key feature of constitutional conventions?
What is a key feature of constitutional conventions?
Which responsibility does the Governor-General hold in Commonwealth countries?
Which responsibility does the Governor-General hold in Commonwealth countries?
What does the Sewel Convention pertain to?
What does the Sewel Convention pertain to?
What is one argument in favor of codifying constitutional conventions?
What is one argument in favor of codifying constitutional conventions?
What significant change did the Constitutional Reform Act 2005 introduce regarding judicial independence?
What significant change did the Constitutional Reform Act 2005 introduce regarding judicial independence?
Which case highlighted the incompatibility of the Terrorism Act 2005 with the Human Rights Act 1998?
Which case highlighted the incompatibility of the Terrorism Act 2005 with the Human Rights Act 1998?
What is a major disadvantage of codifying constitutional conventions?
What is a major disadvantage of codifying constitutional conventions?
In constitutional conventions, what role does the Prime Minister have regarding the Crown?
In constitutional conventions, what role does the Prime Minister have regarding the Crown?
Which Act codified certain aspects of the Sewel Convention?
Which Act codified certain aspects of the Sewel Convention?
Which of the following accurately describes 'prerogative powers'?
Which of the following accurately describes 'prerogative powers'?
Which of the following is a characteristic of secondary legislation?
Which of the following is a characteristic of secondary legislation?
What important aspect does the Bill of Rights 1688 cover?
What important aspect does the Bill of Rights 1688 cover?
What is the primary function of constitutional acts?
What is the primary function of constitutional acts?
Which statement best describes the 'European Communities Act 1972'?
Which statement best describes the 'European Communities Act 1972'?
What does the 'Human Rights Act 1998' achieve in the context of UK law?
What does the 'Human Rights Act 1998' achieve in the context of UK law?
Which constitutional act is primarily responsible for re-establishing Scottish Parliament?
Which constitutional act is primarily responsible for re-establishing Scottish Parliament?
What is the significance of the 'Union with Scotland Act 1706'?
What is the significance of the 'Union with Scotland Act 1706'?
What is the primary function of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?
What is the primary function of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?
Which of the following best describes the nature of constitutional conventions?
Which of the following best describes the nature of constitutional conventions?
Which of the following actions characterizes the role of the Prime Minister according to constitutional conventions?
Which of the following actions characterizes the role of the Prime Minister according to constitutional conventions?
What major change did the Scotland Act 2016 implement regarding devolved government?
What major change did the Scotland Act 2016 implement regarding devolved government?
Which of the following statements about the Sewel Convention is accurate?
Which of the following statements about the Sewel Convention is accurate?
What potential disadvantage is associated with codifying constitutional conventions?
What potential disadvantage is associated with codifying constitutional conventions?
Which of the following accurately reflects a responsibility of the Crown as per constitutional conventions?
Which of the following accurately reflects a responsibility of the Crown as per constitutional conventions?
What is a key feature of common law as defined in the provided content?
What is a key feature of common law as defined in the provided content?
What are constitutional acts primarily concerned with?
What are constitutional acts primarily concerned with?
What is a function of constitutional acts within the legal system?
What is a function of constitutional acts within the legal system?
Which of the following best describes a characteristic of primary legislation?
Which of the following best describes a characteristic of primary legislation?
Which act is known for incorporating the European Convention on Human Rights into UK law?
Which act is known for incorporating the European Convention on Human Rights into UK law?
What does the term 'prerogative powers' refer to in the context of constitutional sources?
What does the term 'prerogative powers' refer to in the context of constitutional sources?
Which of the following acts aimed to restrict the powers of the House of Lords regarding money bills?
Which of the following acts aimed to restrict the powers of the House of Lords regarding money bills?
What is one of the rights established by the Bill of Rights 1688?
What is one of the rights established by the Bill of Rights 1688?
Which act was repealed by the EU Withdrawal Act 2018?
Which act was repealed by the EU Withdrawal Act 2018?
Which of the following best describes the role of acts of Parliament in the legal hierarchy?
Which of the following best describes the role of acts of Parliament in the legal hierarchy?
What is one of the primary powers granted to the courts under Section 3?
What is one of the primary powers granted to the courts under Section 3?
Which statement best describes constitutional conventions?
Which statement best describes constitutional conventions?
What role does the Sewel Convention play in the UK's constitutional framework?
What role does the Sewel Convention play in the UK's constitutional framework?
What is a potential drawback cited against codifying constitutional conventions?
What is a potential drawback cited against codifying constitutional conventions?
How does the Prime Minister's relationship with the Crown influence Parliament's operations?
How does the Prime Minister's relationship with the Crown influence Parliament's operations?
Which body was created to oversee judicial appointments as a result of recent constitutional reforms?
Which body was created to oversee judicial appointments as a result of recent constitutional reforms?
Which major component was codified in the Scotland Act 2016 relevant to constitutional conventions?
Which major component was codified in the Scotland Act 2016 relevant to constitutional conventions?
What major change regarding judicial independence did the Constitutional Reform Act 2005 implement?
What major change regarding judicial independence did the Constitutional Reform Act 2005 implement?
Which scenario exemplifies the exercise of prerogative powers as mentioned in constitutional conventions?
Which scenario exemplifies the exercise of prerogative powers as mentioned in constitutional conventions?
Flashcards
Legal Rules
Legal Rules
Formal rules enforced by the courts and enforced by the state, such as Acts of Parliament and common law.
Constitutional Conventions
Constitutional Conventions
Informal rules that guide political behavior, but are not legally binding.
Prerogative Powers
Prerogative Powers
Powers exercised by the Crown without the need for parliamentary approval, such as the power to appoint ministers.
Primary Legislation
Primary Legislation
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Secondary Legislation
Secondary Legislation
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Constitutional Acts
Constitutional Acts
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Hierarchy of Acts
Hierarchy of Acts
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Judicial Review
Judicial Review
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Constitutional Reform Act 2005
Constitutional Reform Act 2005
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Common Law
Common Law
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Statute Law
Statute Law
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The Crown must accept and act on the advice of the Government.
The Crown must accept and act on the advice of the Government.
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The Prime Minister is the leader of the party with a majority in the House of Commons.
The Prime Minister is the leader of the party with a majority in the House of Commons.
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The PM alone advises the Crown on the dissolution of Parliament.
The PM alone advises the Crown on the dissolution of Parliament.
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The Crown grants Royal Assent to all legislation.
The Crown grants Royal Assent to all legislation.
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Sewel Convention
Sewel Convention
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Parliament can make laws that are incompatible with the ECHR.
Parliament can make laws that are incompatible with the ECHR.
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Compatibility Rule
Compatibility Rule
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Legislative Duty on Parliament
Legislative Duty on Parliament
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Interpretation of Legislation
Interpretation of Legislation
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Loss of Flexibility
Loss of Flexibility
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Codification
Codification
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Judicial Review of Legislation
Judicial Review of Legislation
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Common Law Interpretation
Common Law Interpretation
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What are Acts of Parliament?
What are Acts of Parliament?
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What are Constitutional Conventions?
What are Constitutional Conventions?
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What are Prerogative Powers?
What are Prerogative Powers?
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What are Constitutional Acts?
What are Constitutional Acts?
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What is Compatibility Review?
What is Compatibility Review?
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What is Hierarchy of Laws?
What is Hierarchy of Laws?
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What is Judicial Review?
What is Judicial Review?
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What is the Human Rights Act 1998?
What is the Human Rights Act 1998?
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What is Primary Legislation?
What is Primary Legislation?
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What is Secondary Legislation?
What is Secondary Legislation?
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What is the Hierarchy of Laws?
What is the Hierarchy of Laws?
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What does the Human Rights Act 1998 do?
What does the Human Rights Act 1998 do?
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What is the Sewel Convention?
What is the Sewel Convention?
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What is the convention on the Crown's role?
What is the convention on the Crown's role?
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What is Common Law?
What is Common Law?
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What is Codification?
What is Codification?
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Acts of Parliament
Acts of Parliament
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Magna Carta 1297
Magna Carta 1297
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Human Rights Act 1998
Human Rights Act 1998
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Bill of Rights 1688
Bill of Rights 1688
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What is the Constitutional Reform Act 2005?
What is the Constitutional Reform Act 2005?
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What is A v Home Secretary?
What is A v Home Secretary?
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What is the legislative duty on Parliament?
What is the legislative duty on Parliament?
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What is the power of courts to interpret legislation?
What is the power of courts to interpret legislation?
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Should constitutional conventions be codified?
Should constitutional conventions be codified?
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How did the UK's membership in the European Union (EU) affect its constitutional framework?
How did the UK's membership in the European Union (EU) affect its constitutional framework?
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How did the Human Rights Act 1998 affect the UK's constitutional framework?
How did the Human Rights Act 1998 affect the UK's constitutional framework?
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Acts of Parliament (Primary Legislation)
Acts of Parliament (Primary Legislation)
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Hierarchy of Laws
Hierarchy of Laws
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Crown's Role (Convention)
Crown's Role (Convention)
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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.
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