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written sources of the constitution
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- Sheffield Hallam University (SHU)
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UK constitutional law and practice- lecture 3Sources of the UK constitution
A constitution is- the rules, laws and traditions that set out how power is divided between the
institutions of state. (organisations under our government)
It will also set out how the institutions of states 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 laws
- To hold the executive to account
Parliament makes laws about all sorts of things, including-
- Speed restrictions on roads
- Unfair contract terms
- Criminal offences
- Health and safety
- Employment
- Elections
Not every law made by parliament are a part of the constitution
- Most of the law that parliament makes is ‘ordinary’ law
What does the act do?
- Does it make law about the powers held by the executive/legislative/judiciary to
make/apply/ enforce law?
- Does it make law about the powers held by the executive/legislative/judiciary to take
decisions impacting individuals?
- Does it make law about the rights/responsibilities that individuals, or privately owned
companies, should have?
Employment act 1996- non constitutional
- Makes laws that creates rights for employees
- Parliament sets out rights including holidays, maternity/ paternity leave, flexible working
- Parliament creates legal protections from unfair dismissal
Road traffic act 1988- non constitutional
- Makes law that creates obligations for road users including the creation of criminal offences
- Sets speed limits
- Creates a system for regulating races that will take place on public roads.
House of commons disqualification act 1975- constitutional.
- Makes laws prohibiting certain categories of people from standing for election to the house
of commons
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