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1.1 Sources of the UK Constitution - Coggle Diagram
1.1
Sources of the UK Constitution
Statute law
refers to laws passed by Parliament (formally enacted & recorded in legislation)
is one of the most important sources of the Constitution & covers a wide range of areas (inc. human rights, criminal law, constitutional law, etc.)
Common law
refers to legal precedents established by courts over time
these precedents are based on the principle of
stare decisis
= means lower courts are bound to follow the decisions made by higher courts
is particularly important in areas such as constitutional law (where there is no formal written constitution)
Conventions
are unwritten rules & practices that have developed over time & are followed by the government, political parties and public officials
are not legally binding, but are considered to be an essential part of the Constitution
EXAMPLES
convention of ministerial responsibility
- requires ministers to take responsibility for the actions of their depts
Salisbury Convention
- restricts powers of the House of Lords to block legislation promised in the governing party's manifesto
Authoritative Works
refers to works by legal scholars, constitutional experts & judges that are considered
authoritative
and
influential
in shaping the UK's Constitution
EXAMPLES
legal textbooks
judicial opinions
reports from public inquiries & royal commissions
Treaties
are agreements between the UK & other countries or international organisations
under UK's dualist system, treaties do not automatically become part of domestic law & must be incorporated in domestic legislation to have legal effect
EXAMPLES
in recent years, most significant treaty has been the
Treaty on European Union
- has had a major impact on the UK's legal and constitutional landscape