Sources of the UK Constitution
- Created by: Launston
- Created on: 11-05-14 09:06
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- The Constitution
- Rulebook
- The Cabinet Manual 2011
- A guide for those working in Government, not intended to be legally binding
- House of Lords Constitution Committee
- Limited Value and relevance, not the first step towards a written constitution
- House of Commons Political and Constitutional Reform Committee
- Should not be construed as the start of a written constitution
- The Cabinet Manual 2011
- Statute Book
- Acts of Parliament which have received royal assent
- Constitutional Statutes: important rules that regulate relations between government and people
- Magna Carta 1297, Bill of Rights 1688
- Question of judgement as to whether Acts are constitutional
- Does not provide a complete set of rules, only those enacted by Parliament
- Judicial Decisions
- Law Reports, particularly Supreme Court
- Statutory Interpretation
- Seeking to give effect to the intention of Parliament by definitive rulings
- Principle of Legality: given effect in way compatible with convention rights
- Common Law
- No constitutional court, rules made through precedent, longer judgments, obiter statements
- Added to rulebook through tort law
- Entick v Carrington - officials have no power unless authorised
- Judicial Review
- Question legality of decisions by public bodies
- Conventions
- Rules of practice not binding in law
- Distinguishing
- What are the precedents? Did the actors believe they were bound? Is there a good reason for the rule?
- Distinguish from useless practices
- What are the precedents? Did the actors believe they were bound? Is there a good reason for the rule?
- Enforcement
- Impeachment, public opinion, breach of law
- Breach of convention does not always breach law - conduct of commons
- Impeachment, public opinion, breach of law
- Concordats
- Agreements to create a convention in light of constitutional reform
- Political - not intended to be binding
- European Union Law
- Acts of Parliament no longer highest laws - Costa v ENEL + Factortame
- International Law
- Customary
- State practice and opinio juris
- Rule endured over time and consistent and accepted
- May be relied on in UK courts
- Trendtex: rules change with the time, mondern manifestation of an old rule
- Treaties
- Agreement under international law
- Monist systems - self executing
- Dualist - incorporation
- Act of Parliament - drafting techniques - literal interpretation
- Customary
- Rulebook
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