Uk Constitution
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
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