Sources of the UK Constitution

Sources of the UK Constitution

Laws and Treaties

Treaties/EU law

A part of prerogative powers that handle foreign relations. The most important treaties recently signed include EU treaties and free trade agreements

Key treaties:

Single European Act 1986

Maastricht Treaty 1993

Lisbon Treaty 2009

Involved developing international cooperation with partners?

Handing powers over to a foreign power?

Works of Constitutional Authority

Are they ever been used?

What is a work of Constitutional Authority?

These are texts that have been written over the years that outline the rules and functions of Parliament

For example...

Of course!

But not very often.

The most recent time was after the 2010 election that produced a hung Parliament (no majority)

A constitutional committee of from the Cabinet office ruled what the principles of negotiation between the parties should be based on Dicey's work.

A. V. Dicey - An Introduction

to the Study of the Law of

the Constitution (1884)

Walter Bagehot - The English Constitution (1867)

Conventions

Royal Assent

Salisbury Convention

Conventions are...

The convention that the Monarch will not challenge the democratic will of Parliament.

Royal Assent is when the monarch adds their signature to a bill passed by Parliament, thereby enacting it as law.

What is the implication of this convention?

Why do you think we have it?

The Lords will not stop any legislation contained in a governing party's manifesto.

The Lords will not stop any money bills proposed by the Commons

The Government is also required to step down if it is defeated on a major piece of legislation.

Developed in the 20th century after 1945

Why then?

In 2015 Chancellor George Osborne tried to invoke it to pass changes to tax credits. He failed

Conventions are non-legal rules that governments adhere to due to changing times and values.

Examples of this include a new convention proposed by Gordon Brown that Parliament should debate and vote on any military action that the UK takes part in.

This convention was used by David Cameron in 2011 when MPs voted on military intervention in Libya and 2013 when Parliament decided not to intervene in the civil war in Syria (and again in 2015 when they did)

Why do you think this convention was developed? Write a sentence or two to explain

Common Law

Royal Prerogative

Is common law still relevant?

Common Law is...

Royal Prerogative, common law and Brexit

Yes it is:

Judges have made important decisions on

recent laws such as joint enterprise and marital abuse

Judges also provide answers to important political questions such as Boris Johnson's 2018 attempt to prorouge Parlaiment

A system of precedents created by the law courts.

This was built up from the early middle ages c.12C as a system to establish a code of law in England (as this was not a function of Parliament at this time).

Common law is superseded (outranked) by statute law. E.g recent statutes on homicide and robbery have replaced their common law alternatives

In 2016, Gina Miller brought a case against the UK government, claiming that it couldn’t trigger Article 50 – and therefore Brexit – without an Act of Parliament.

Ruling in Miller’s favour in 2017, the Supreme Court drew on a common law case from 1610 (The case of proclamations)

The Royal Prerogative is the most famous part of Common Law.

It refers to the powers handed down from the Monarch to the Prime Minister:

-Declaring War

-Dissolve Parliament

-Appoint Government ministers

-Appoint Judges (Lord Chancellor)

1. Statute Law

Statute Law is...

Great Reform Act 1832

Scotland Act 1998

Government of Wales Act 1998

Parliament Acts of 1911 & 1949

European Communities Act 1972

UK enters into the EEC (later EU)

Creation of national Parliaments and Assemblies with powers to initiate legislation

This statute developed the rights of the Commons to initiate legislation, prior to this legislation originated in the Lords

It also extended the franchise to lesser property owners and reformed the constituency system

This limited the power of the House of Lords to delay legislation that was initiated in the Commons. Firstly by 2 years, but later this was reduced to 1.

The name given to any law passed by Parliament

In most countries statute law is lower than constitutional law.

However, in the UK many statutes form part of the constitution.

Some examples of constitutionally important statutes are...