Question 1

What is a constitutuion?

The supreme legal authority of a state.
✔ Codified vs. Uncodified—UK has an uncodified constitution, meaning it relies on Royal preogative Acts of Parliament, conventions, common law,
✔ Parliamentary sovereignty ensures Parliament can legislate on any matter.

📌 Case Example: Miller (No. 1) (2017)—Government needed Parliament's approval for Brexit.

UK Constitution: Characteristics & Features MUUP

✔ Monarchical System: King remains head of state, but Parliament holds legislative power.

✔ Uncodified Constitution: No single document—built on statutes, conventions, and case law.
✔ Unitary State: UK Parliament is supreme but has devolved powers to Scotland, Wales & Northern Ireland.
✔ Parliamentary Sovereignty: No external body can override Parliament’s decisions.

📌 Key Issue: Democracy vs. Tyranny of the Majority—Does UK constitutionalism prevent abuses of power?

Sources of the UK Constitution RACI CP

📌 Legal Sources:
✔ Acts of Parliament—Primary source of law.
✔ Common Law—Judge-made law sets legal precedent.
✔ Royal Prerogative—Executive powers rooted in medieval traditions.
✔ International Law—Requires Parliamentary incorporation (Dualist system).

📌 Non-Legal Sources:
✔ Constitutional Conventions—Unwritten rules guiding political behavior (e.g., Royal Assent is granted automatically).
✔ Political Ethics—Expected conduct (e.g., PM resigning after election defeat).

Parliamentary Sovereignty

Key Principle: Parliament can make/unmake any law—no one can challenge its authority.
✔ Acts of Parliament are supreme (common law & prerogative must comply).
✔ Courts cannot declare Acts of Parliament invalid.
✔ Implied Repeal: Later laws override earlier ones (Ellen Street Estates Case).

📌 Case Example: Pickin v British Railways Board (1974)—Courts must uphold all valid Acts of Parliament.

The Executive & Royal Prerogative

✔ Government runs the country, proposes laws, implements policies.
✔ Royal Prerogative: Powers held by the monarch but exercised by ministers (e.g., military action, treaties).
✔ PM does not need Parliament’s approval for war—but public expectation pressures governments to seek consent.

📌 Case Example: Colin Munro’s Definition—Prerogative powers come from common law, not statute.

The Rule of Law

Definition: The principle that government power is limited and individuals are protected.
✔ A.V. Dicey: No one—including the government—is above the law.
✔ Joseph Raz (Formal Approach): Rule of law focuses on procedural fairness, not morality.
✔ Lord Bingham (Substantive Approach): An unjust law is not law

📌 Case Example: Miller (2017)—SC ruled Brexit was a legal (not political) issue, emphasizing procedural fairness.

Miller (No. 1) Case (2017)

📜 Issue: Can the government trigger Article 50 (Brexit) using Royal Prerogative or does it require an Act of Parliament?
✔ Supreme Court Ruling:

• Government cannot override Parliament’s authority using prerogative.

• EU law was incorporated via Acts of Parliament—only Parliament can undo them.

📌 Legal Impact: Reinforced Parliamentary Sovereignty—government must consult Parliament before making constitutional changes.

International Law & UK Constitution

📜 Dualist System: International law must be incorporated into UK law via legislation.
✔ Treaties require Parliamentary approval to take effect domestically.
✔ Miller Case: SC emphasized Parliamentary supremacy in treaty incorporation.

📌 Case Example: European Communities Act (1972)—Parliament incorporated EU law into UK law.