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Lecture notes Constitutional and Administrative Law (LW1120)
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- University Of Leicester (LE)
Lecture notes on UK constitution
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TUTORIAL 2Sources 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Crown Act (2013)-reflect gender equality; repealed principle of male priority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
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