Uk Constitution

Topics: Law, United Kingdom, Constitution Pages: 3 (534 words) Published: July 8, 2013
UK constitution
COMMON LAW
Laws not passed by parliament (traditional laws)
-Monarchy
-2012 Changed that it does not have to be the eldest son that takes the crown but eldest child regardless -Sovereignty
-Royal Prerogative: the formal powers of the crown.
-Traditional Rights and Freedoms: everything is permitted if it is not prohibited.

STATUE OF LAW
Laws passed by parliament that affect the political system
Made by Parliament.
Primary Legislation/Acts of Parliament.
The single most important source of the constitution because of the principle of Parliamentary Sovereignty which implies that statutes outrank all other sources of the constitution. •If a statute conflicts with a convention or common law, then the statute will prevail. •More and more constitutional laws have a statutory status: EG: Parliament Acts 1911 and 1949

Human Rights Act 1998
House of Lords Act 1999
Constitutional Reform Act 2005
CONVENTIONS
A non-legal rule.
A rule of conduct or behaviour.
Key unwritten element of the constitution.
Lacks clear and unambiguous definitions.
No legal consequences if government ignored conventions. •Upheld by practical political circumstances: they make politics workable. •The convention that the Royal Assent (monarchs agreement to Legislation) is always granted that it is upheld by the monarchs desire not to challenge the ‘democratic will’ of Parliament. •Often assume Historical Authority: based on custom and precedent. •Cannot be legally enforced

EG:The Exercise of Crown Powers: exercised by the PM, not the monarch: power of patronage, the power to declare war and the power to dissolve and recall Parliament.
The Appointment of the PM: the monarch appoints the PM as the leader of the largest party.
Individual Ministerial Responsibility: defines the relationship between ministers and their departments.
Collective Ministerial Responsibility: defines the relationship between...
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