What are the five main sources of the UK Constitution?
Statute law, common law, conventions, works of authority, and EU/international law.
What is statute law?
Written law passed by Parliament; the most important source of the UK Constitution.
Give an example of a constitutional statute.
The Human Rights Act 1998 or the Parliament Acts 1911 and 1949.
What is common law in constitutional terms?
Judge-made law based on precedent; includes constitutional principles like the rule of law.
What are constitutional conventions?
Non-legal but binding rules developed through political practice, e.g. Prime Minister from Commons.
Are conventions legally enforceable?
No, but they are politically binding and often followed as if they were law.
What is the Royal Prerogative?
Powers historically held by the Crown, now exercised by ministers (e.g. declaring war).
Can courts review Royal Prerogative powers?
Yes, since Council of Civil Service Unions v Minister for the Civil Service (GCHQ case, 1985).
What are “works of authority”?
Legal commentaries used as guides, e.g. A.V. Dicey’s “Introduction to the Study of the Law of the Constitution”.
How did EU law become a source of the UK Constitution?
Through the European Communities Act 1972, giving EU law supremacy over national law.
What is the principle of Parliamentary Sovereignty?
Parliament can make or unmake any law, and no body can override or set aside its legislation.
What constitutional implications did the Factortame case have?
Established the supremacy of EU law over conflicting UK law.
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