Sources Of The British Constitution
Sources of the British Constitution
As the UK does not have a codified document, we have look for the key rules and practices of the British system in a number of places:
~ Statute Law
~ Common Law
~ Royal Prerogative
~ Conventions
~ Authoritative Works
~ International Treaties and Agreements
Statute Law:
This is law crated by Parliament. Acts of Parliament are approved by the Commons, Lords and the Monarchs, gain the force of law, and are then implemented by the executive and enforced by the courts.
Any law that involves constitutional relationships becomes part of the constitution. Examples of this include the Parliament Act of 1911 (established the dominance of the House of Commons), the European Communities Act of 1972 (by which the UK joined the EEC) and the Human Rights Act of 1999 (which enshrined key rights into UK law)
Statute Law is the most important source of the UK constitution as, under the doctrine of Parliamentary Sovereignty, the UK Parliament is the supreme law-making body.
Common Law:
This is law that has been developed and applied by UK courts.
Where there is no clear statute law, the courts have to interpret and clarify the law.
As no law is so precise that it needs no interpretation, judges are constantly contributing to the constitution.
Royal Prerogative:
This refers to discretionary powers of the Crown that are employed by Government Ministers in the name of the Monarch.
The Crown retains a number of powers that date back to before Britain became a constitutional monarchy in the C17th. These include the power to declare war, to dissolve parliament, to appoint government ministers and judges.
Today these powers lie with the Prime Minister and Government Ministers, the Prime Minister will inform the Monarch of their decision but the Monarch has not real power to veto their chosen course.
Conventions:
These are habits, norms and rules that through long usage have come to be considered binding on those who should abide by the
As the UK does not have a codified document, we have look for the key rules and practices of the British system in a number of places:
~ Statute Law
~ Common Law
~ Royal Prerogative
~ Conventions
~ Authoritative Works
~ International Treaties and Agreements
Statute Law:
This is law crated by Parliament. Acts of Parliament are approved by the Commons, Lords and the Monarchs, gain the force of law, and are then implemented by the executive and enforced by the courts.
Any law that involves constitutional relationships becomes part of the constitution. Examples of this include the Parliament Act of 1911 (established the dominance of the House of Commons), the European Communities Act of 1972 (by which the UK joined the EEC) and the Human Rights Act of 1999 (which enshrined key rights into UK law)
Statute Law is the most important source of the UK constitution as, under the doctrine of Parliamentary Sovereignty, the UK Parliament is the supreme law-making body.
Common Law:
This is law that has been developed and applied by UK courts.
Where there is no clear statute law, the courts have to interpret and clarify the law.
As no law is so precise that it needs no interpretation, judges are constantly contributing to the constitution.
Royal Prerogative:
This refers to discretionary powers of the Crown that are employed by Government Ministers in the name of the Monarch.
The Crown retains a number of powers that date back to before Britain became a constitutional monarchy in the C17th. These include the power to declare war, to dissolve parliament, to appoint government ministers and judges.
Today these powers lie with the Prime Minister and Government Ministers, the Prime Minister will inform the Monarch of their decision but the Monarch has not real power to veto their chosen course.
Conventions:
These are habits, norms and rules that through long usage have come to be considered binding on those who should abide by the