Please enable JavaScript.
Coggle requires JavaScript to display documents.
Sources of the UK Constitution (Legal (European Union Law (Primary…
Sources of the UK Constitution
Legal
Judicial Precedent
Decisions of the courts in the
course of litigation through the
creation of common law
E.g Council of Civil Service
Unions v Minister of the Civil Service
(the GCHQ case)
- the way in which
prerogative power was exercised
by the government could be subject to
judicial review
European Union Law
Primary legislation - treaties
Secondary legislation - regulations, directives,
Court of Justice of the EU case law
European Communities Act 1972
provided
the direct applicabilityof EU laws in the UK
Royal Prerogative
'The residue of discretionary or
arbitrary authority, which at any given
time is left in the hands of the Crown'
-
A. V. Dicey
Certain privileges and immunities
recognised as belonging to the
Executive
E.g the prerogative of mercy
Legislation/Acts of
Parliament
The primary source of legislation
in the UK
Some Acts have become recognised
as having a special constitutional
status - Thoburn v Sunderland City Council
European Convention
on Human Rights
An international treaty that the UK
has agreed to respect
A separate source of law
from EU law
Non-Legal
Constitutional
conventions
Individual
ministerial responsibility
A recent pattern: ministers resigning
for their own errors or personal morality
more so than the operational failings of
their departments e.g Chris Huhne re an ongoing
criminal investigation
Ministers accepting responsibility for
any errors of their department
Collective ministerial
responsibility
A united front should be
provided by Cabinet e.g the group
stance on a particular policy
All ministers must accept
cabinet decisions or dissent
from them privately whilst
remaining loyal publicly
Public confidence, unanimity and
confidentiality
3 exceptions:
Papers deemed to be in the
public domain
Papers dealing with matters
known to foreign governments
Written opinions of law officers
Academic opinion