Sources of the British Constitution
Teacher recommended
?- Created by: rebecca
- Created on: 22-04-13 12:00
View mindmap
- SOURCES OF THE BRITISH CONSTITUTION
- STATUE LAW
- Acts of Parliament that relate to constitutional matters
- E,g, 1972 European Communities Act, 1911 and 1949 Parliamentary Acts
- Votes to women (1918, 1928)
- 3 types of bills- public, private member's and private
- Public- concerned with public policy that affects the nations laws
- Private Member Bills are introduced by backbench MPs
- Private bills only apply to certain groups or authorities
- COMMON LAW
- Rules made in the courts as judgements are given in each case
- Known as Judical Precedence
- Reorganised during the time of Henry || (1154-1189)
- Most important law in England and Wales since the 17th Century
- Royal Assent must be given before a bill which has been approved by both Houses can become a Law
- CONVENTIONS
- Practices that have grown up but which do not carry the force of law
- E.g. the monarch assents to tall parliamentary law
- Convention that this assent should be given on the advice of Ministers
- George V nearly refused a bill on Irish Home Rule in 1912 but was 'advised' by his PM to grant the assent
- All appointments should be made on the advice of the Prime Minister
- EUROPEAN TRATIES AND LAWS
- Important since 1972, when the UK joined the EU
- European law outweights Parliamentary law in importance
- If there is conflict with national laws, European law will prevail and that is the imporatant constitutional point- Factortame Case 1991
- BEFORE the factortame case was that of Marshall v Southampton Health Authority 1986 where a 62 year old woman appealed to the european court because she was being made to retire when men could work until they were 65
- Sex Discrimination Act 1975 had not spoken about retirement age before so European Law took over
- House of lords had to agree in 1999 to the Factortame fishermen a large sum of money in compensation
- 1990 one third of UK legislation was happening because of the need to implement Euopean Union Law
- WORKS OF AUTHORITY
- Written about the constitution by authorities like May (1844), Bagehot (1867) and Dicey (1885)
- AUTHORS
- A V Dicey 'An introduction to the study of law of the Constitution 1885
- Wakter Bagehot 'The English Constitution 1867
- Erskine May 'A practical treatise on the law, privaliges, proceedings and usage of Parliament 1844'
- ROYAL PREROGATIVE
- Powers that lie with the Head of State and don't need approval of Parliament
- Includes- Right to wage war and to appoint memembers of the Government
- Now- Many of these are assumed by the Prime Minister and the Cabinet on behalf of the Monarch
- Examples of the royal prerogative:
- Right to make treaties
- Right to deploy troops in an emergency
- Right to appoint bishops and archbishops
- Right to keep information from courts
- Right to choose or dismiss the PM
- Problems
- War in Iraq 2003 was through the Royal Prerogative
- The Crown retains the right to choose a PM should he/she resign
- 1974 General Election produced no firm result so the Monarch make the decision
- STATUE LAW
Comments
Report