The nature and sources of the constitution

What are the three natures of the UK’s constitution?

• Parliamentary sovereignty - This is key to the UK constitution

• Parliamentary govt under a constitutional monarchy - the govt is derived form Parliament which is the fusion of the Executive and Legislature; it has the authority to implement their mandate within their majority; the Head of state can only appoint the PM who then gets prerogative power

• Rule of Law - the idea that the law applies equally to everyone including the govt; no one else is above the law and it is applicable to everyone

• Unitary state - legal sovereignty resided in one location. However, it can be delegated to subsidiary bodies but it can always be returned (devolution)

Define a devolved state

the transfer of power to areas but not authority - goes from central sovereignty body to localised regions

Define a Quasi federal

Divisions of power between central and regional govt that has some features of federalism without possessing a formal federal structure

What are the main sources of the consitution?

• Statue law

• Common law

• Conventions

• Authoritative works

• Treaties

What is statue law (primary legislation)?

• laws that have been passed by Parliament

• It’s the single most important source if constitution - Parliamentary sovereignty outranks/overturned the other sources

What is common law?

• Laws that are judge-made and by the courts

• These are treated like normal laws but they can be overturned by Parliament

• Its the foundations of British constitutionalism

What is conventions

• Refers to customs and things that are expected

• They aren’t laws but practices

• A key part of the constitution

What are authoritative works?

• Works of constitutional authority

• They are legal and constitutional literature

• Helps define what is constitutionally proper and correct

What are treaties?

• These are forms of international law

• Agreements with external bodies that bind the UK in some way

Name examples of Statue law

Human Rights act 1998; Illegal Migration Act 2023

Name an example of Common law

Civil Aviation Act 1982

Name examples of Conventions

Royal Assent of laws, Ministerial Responsibility

Name examples of Authoritative works

AV Dicey - Laws of the constitution (1884)

Name examples of Treaties

European Convention of Human Rights (1951)

What have been the main constitutional developments that has occurred in the UK?

• Repeal of the Fixed term Parliament Act (2022)

• The Human Rights Act (1998)

• The House of Lords Acts (1999)

• The EU (withdrawal) Act (2020)

What is the evidence that the constitution is working?

• Respect for the democratic outcome - Scottish referendum after the SNP’s majority

• Peaceful transition of power - labour to conservative govt transitions

• Constitution evolution and adaptation - referendums

What is the evidence that the constitution is not working?

• The lack of a clear constitution

• Declining scrutiny

• Disconnection of the citizens

What is the four main principals of rule of law?

• Everybody is equal under the law - Rishi Sunak and the Fixed Penalty act

• People can only be punished for breaches of law

• Laws should be both accessible and knowledgeable

• Judges and common law define civil liberties, not politicians and governments