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written sources of the constitution

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a well developed but easy to understand overview on the written sources of the constitution

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  • September 19, 2023
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  • 2022/2023
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SOURCES OF THE UK CONSTITUTION
The ‘written’ sources
In this presentation

- Identify the key sources of constitutional rules in the UK
- Distinguish between constitutional and unconstitutional statutes or judgments

A constitution is:

- The rules, laws, and traditions that set out how power is divided between the institutions of
state.
- It will also set out how the institutions of state relate to each other, and how the state
relates to the individual.

Constitutional law made by Parliament

The constitutional functions of the legislature are:

- To make law
- To hold the executive to account



Parliament makes laws about all sorts of things:

- Speed restrictions on roads
- Unfair contract terms
- Criminal offences
- Health and Safety
- Employment
- Elections

NB: Not every Act of Parliament is constitutional!

- The vast majority of laws that parliament makes is ‘ordinary laws’
- The only laws that are part of the constitution are those that help to create the
constitutional system

What does the Act DO?

- Does it make laws about the powers held by the executive/legislative/judiciary to
make/apply law?
- Does it make law about the powers held by the executive/legislature/judiciary to take
decisions impacting individuals?
- Does it make law about the rights/responsibilities that individuals, or privately owned
companies should have?

NON- CONSTITUTIONAL

Employment Act 1996

- makes law that creates rights for employees
- Parliament sets out rights including holidays, maternity/paternity leave, flexible working

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