TUTORIAL 2
Sources of the UK Constitution
1. List some of the ways in which the UK constitution differs from the constitutions of most
other nations.
UK constit=uncodified/unwritten. Written contains-codified in single doc; federal constit.;
offers guidance on how US gov. works; sep. of powers; Bill of rights; status of supreme law;
special procedure for amendment; role of US Supreme Court. However, in UK-not in a single
written doc. (can be found in legal-legislation; judicial precedent; EU&ECHR; Magna Carta
etc. and non-legal-advisory sources like Dicey and constit. conventions); method of choosing
sov.; composition, powers and privileges of leg., commons and lords; status of Gov. min.;
control of armed forces; treaty-making powers; public money; apptment of judges; liberties of
indiv. (voting etc.); constit. laws in codified constit. are superior to other laws ‘entrenched’,
whereas with UK they can be changed in same manner of other laws; no strict ‘sep. of powers’;
UK judges lack same power as US judges to declare laws & US Supreme Court more powerful
2. What are the sources of the UK Constitution? Are they all of equal importance? Give
reasons for your answer.
Sources of UK constit:
LEGAL:
Legislation-Acts of Parl. & Delegated Leg. (statut. instruments)
Judicial Precedent-interpreting common law and statutes.
EU Law and ECHR (international law)
NON-LEGAL:
Advisory sources (writings of legal academics) e.g. Dicey; Jennings.
Constit. conventions-political rules & ethics that aren’t enforced by courts.
Primary Leg:
Magna Carta (1215)-everyone is subject to law, even King. RULE OF LAW.
Fair trial; equality before law and trial by jury.
Bill of Rights (1689)-placed limits on powers of monarch & sets out rights of
Parl.
Act of Settlement (1701)-succession to Crown. Parl. can alter it. Succession to
Crown Act (2013)-reflect gender equality; repealed principle of male priority
(Royal Marriages Act (1772)) so eldest child precedes throne
Acts of union-Union with Scot. Act (1707)
Parl. Acts 1911 and 1949-established primacy of Commons over Lords
Europ. Communities Act (1972)
Common Law; Judicial Precedent:
Case of Proclamations (1610)-legal ruling defining limit. on Royal
Prerogative. Now monarch can only make laws through Parl.
R v Secret. of State for Transport, ex parte Factortame Ltd.-EU Law takes
priority.
PARLIAMENT IS SUPREME.
3. What are constitutional conventions? What is their role and function in the UK? Why
are conventions obeyed?
Parallels with social conventions
Sources of the UK Constitution
1. List some of the ways in which the UK constitution differs from the constitutions of most
other nations.
UK constit=uncodified/unwritten. Written contains-codified in single doc; federal constit.;
offers guidance on how US gov. works; sep. of powers; Bill of rights; status of supreme law;
special procedure for amendment; role of US Supreme Court. However, in UK-not in a single
written doc. (can be found in legal-legislation; judicial precedent; EU&ECHR; Magna Carta
etc. and non-legal-advisory sources like Dicey and constit. conventions); method of choosing
sov.; composition, powers and privileges of leg., commons and lords; status of Gov. min.;
control of armed forces; treaty-making powers; public money; apptment of judges; liberties of
indiv. (voting etc.); constit. laws in codified constit. are superior to other laws ‘entrenched’,
whereas with UK they can be changed in same manner of other laws; no strict ‘sep. of powers’;
UK judges lack same power as US judges to declare laws & US Supreme Court more powerful
2. What are the sources of the UK Constitution? Are they all of equal importance? Give
reasons for your answer.
Sources of UK constit:
LEGAL:
Legislation-Acts of Parl. & Delegated Leg. (statut. instruments)
Judicial Precedent-interpreting common law and statutes.
EU Law and ECHR (international law)
NON-LEGAL:
Advisory sources (writings of legal academics) e.g. Dicey; Jennings.
Constit. conventions-political rules & ethics that aren’t enforced by courts.
Primary Leg:
Magna Carta (1215)-everyone is subject to law, even King. RULE OF LAW.
Fair trial; equality before law and trial by jury.
Bill of Rights (1689)-placed limits on powers of monarch & sets out rights of
Parl.
Act of Settlement (1701)-succession to Crown. Parl. can alter it. Succession to
Crown Act (2013)-reflect gender equality; repealed principle of male priority
(Royal Marriages Act (1772)) so eldest child precedes throne
Acts of union-Union with Scot. Act (1707)
Parl. Acts 1911 and 1949-established primacy of Commons over Lords
Europ. Communities Act (1972)
Common Law; Judicial Precedent:
Case of Proclamations (1610)-legal ruling defining limit. on Royal
Prerogative. Now monarch can only make laws through Parl.
R v Secret. of State for Transport, ex parte Factortame Ltd.-EU Law takes
priority.
PARLIAMENT IS SUPREME.
3. What are constitutional conventions? What is their role and function in the UK? Why
are conventions obeyed?
Parallels with social conventions
