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Public Law - Interactions between sources of the UK constitution revision notes (semester 1)
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  • Public Law (LAW106)
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  • The University Of Liverpool (UoL)

Document containing all the relevant information about the topic, condensed into colour coded tables to enable easier memorisation and order. I achieved a first class in public law using these notes.

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  • January 14, 2024
  • 5
  • 2022/2023
  • Exam (elaborations)
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Subjects

  • public law
  • public law exam
  • public law revision
  • public law revision notes
  • constitional law
  • law exam
  • law revision
  • constitutional law exam
  • constitional law revision

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Interactions between sources of the UK constitution


INTERACTIONS AND RELATIONSHIPS BETWEEN SOURCES OF THE UK CONSTITUTION

INTERACTIONS/  Statute and case law
RELATIONSHIPS BETWEEN THE  Royal prerogative and constitutional conventions
SOURCES  Miller (No.1) (2017) to bring them all together

BASIC RELATIONSHIP  Act of parliament is the supreme legal power
due to parliamentary sovereignty
 If statute and common law are in conflict, the
statute will prevail
 Statute needs to be interpreted to see its
meaning and this is often done to make it
consistent with common law to maintain the
relationship


INTERACTIONS AND RELATIONSHIPS BETWEEN STATUTE AND CASE LAW: CONSTITUTIONAL
CONVENTIONS

CONSTITUTIONAL STATUTES ‘Constitutional statutes’ is a term developed through
case law used to describe acts of parliament which the
courts/judges think have special constitutional
importance to give special legal weight to an act of
parliament

However, lacks consistency in its use and ultimately isn’t
this for parliament to decide if they want to give an act
special constitutional status rather than the courts???...

DEVELOPMENT OF Thoburn v Sunderland City Council
CONSTITUTIONAL STATUTES IN Invented the idea that there should be a hierarchy in
CASE LAW statute – there should be ‘ordinary’ statutes and
‘constitutional’ statutes

Ordinary statutes can be impliedly repealed, and
constitutional statutes cannot

When new law is inconsistent with old law we take this
to mean that the old law is being impliedly repealed but
if this is a constitutional act then it might not be able to
be repealed by just enacting a new act of parliament
 Gives special protection to things the judge
designates as constitutional statutes

 Said this was a common law idea and that
through common law the judges can create new
categories of statute

, Interactions between sources of the UK constitution



Robinson v Secretary of State for Northern Ireland
Imperial Tobacco Limited v Lord Advocate (Scotland)
The idea of constitutional statutes is debated and
inconsistent within the courts
HS2 Action Alliance case
Used the term ‘constitutional instruments’ rather than
constitutional statutes

REASONS TO BE SCEPTICAL OF  Judicial inconsistency
‘CONSTITUTIONAL STATUTES’  Questionable authority (where was this concept
invented??? Not a binding decision, just obiter)
 Not up to the courts to decide these new
categories of statutes

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