Sources of UK Constitution

What are the sources of the UK Constitution?

• Statute Law

• Conventions

• Common Law

• Royal Prerogative

• External Relations

• Works of Authority

Define common law

Legal principles laid down by judges in their rulings on court cases which provide precedents for later judgement

Why is common law important?

For cases when its unclear how statute law should be applied

Why can common law be criticised?

• more difficult to enforce the law and makes it less clear

• It’s in effect ‘judge-made’ law and too much power to unelected judges than politicians

What is an example of common law?

SCA Packaging Ltd V Boyle Case: Lords defined term ‘likely’ under the Disability Discrimination Act, which led to extending legal protection to people under the Act

Define Conventions

• Non-legal rules and established practices that guide how political actors behave

• Broadly cemented over time but can be challenged ad changed by statute law

What are the benefits of conventions?

• can help to quickly overt crises

• Can be seen as changing with political circumstances

What is the downside of conventions?

Makes the Consitution weak and fragile if it relies upon the respect for political institutions - liable to populism

Define statute law

Body of law passed by parliament

What are the features of statute la?

• most important source

• Only requires a simple majority in parliament

• Can be easily changed, introduced or removed

How can statute law be an advantage for the UK Consitution?

• makes constitution flexible, easy to change with no need for a supermajority (unlike USA)

• allows for public opinion to be reflected

What is the disadvantage of statute law?

flexibility can lead to a tyrannical government who can easily change constitution in its favour

What are examples of statute law?

• Parliament Acts (1911 & 1949) - limited House of Lords power

• Human Rights Act (1988) - incorporated ECHR into UK law

Define Works of Authority

Authoritative texts written by constitutional experts that help explain and interpret the UK Constitution

Why is the Works of Authority considered useful within the UK Constitution?

Used as a guide that helps shape the political constitutional landscape, but not binding

What is an example of Works of Authority?

AV Dicey’s study of 1885 - coined phrase ‘twin pillars’ of the UK Constitution

Define external relations

Treaties UK has agreed to sign to and therefore bound by

What are the features of external relations?

• written down so makes UK Consitution partly codified and entrenched ‘

• EU treaties took precedence over UK statute laws

What is an example of external relations

2020 UK-EU Withdrawal Agreement: confirmed UK’s exit from EU and provided provisions for the new relationship between 2 bodies e.g. VAT & customs procedures

Define royal prerogative

Powers formally held by the monarch but mostly exercised by government ministers on the monarch's behalf

What are examples of Royal Prerogative powers?

• Appointing the Prime Minister

• conducting foreign affairs

• deploying the armed forces

• granting honours

• issuing passports

Why is the Royal Prerogative important to the UK Constitution?

It is a non-statutory source of the Constitution and gives the executive significant powers without Parliament having to pass a new Act for each use.

What is a criticism of the Royal Prerogative?

It can give the executive significant power with limited direct parliamentary control, potentially weakening democratic accountability.

How has Parliament gained greater control over prerogative powers?

Fixed-term Parliaments Act 2011 temporarily removed the Prime Minister's prerogative power to call an early general election, although it was later repealed by the Dissolution and Calling of Parliament Act 2022.