The Sources of the UK Constitution
Statute law
Created by parliament
Approved by Commons, Lords and monarch
Implemented by executive
Enforced by the courts
Not all Acts are of constitutional significance
1991 Dangerous Dogs Act
Supreme source of constitutional law
1832 Great Reform Act
1911 and 1949 Parliament Acts
1972 European Communities Act
Common law
Derived from general customs or traditions and the decision of judges
Judicial review
Clarify or establish legal position
Legal precedent for lower courts
Parliament can overturn
Acts of Parliament
Statute law
Unlawful > Unconstitutional
Legally binding conventions
Royal Prerogative
Appoint ministers
Royal assent
Declare war
Negotiate treates
21st Century
Limit power
Fixed - term Parliaments Act 2011
Constitutional Reform and Governance Act 2010
Conventions
Rules or norms of behaviour
Binding
Not codified or enforceable
2011 Cabinet Office Manual
Monarch must give royal assent
Not refused since 1707
Brown
UK could not declare war without parliamentary vote
Authoritative works
Long - established legal and political texts
Persuasive authority
No legal status
Identifying, interpreting and understanding
Erskine May: A treatise on the law, privileges, proceedings and usage of Parliament (1844)
Walter Bagehot: The English Constitution
A. V. Dicey: An Introduction to the Study of the Law of the Constitution (1855)
European Union law
European Court of Justice
Takes precedent
EU Referendum
Great Repeal Bill
Incorporate all existing EU law into statue law