Laws not passed by parliament (traditional laws)
2012 Changed that it does not have to be the eldest son that takes the crown but eldest child regardless -
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
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
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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