2. Conventions
There are ‘unwritten’ elements of the British constitution, and conventions are the ‘understandings, habits, or practices which aren’t laws but constitutional ethics’. Many extremely important aspects of the constitution are covered only by these customs, and most of the conventions derive from the operation of prerogative powers.
Examples include;
The PM shall be the leader of the majority party in the HOC
Has the power to appoint all government ministers
Acts as commander in chief of the armed forces
Negotiates and signs foreign treaties
The Monarch always gives Royal Assent to legislation properly passed in parliament
A government must resign if it loses a vote of confidence in the HOC
Cabinet ministers must defend government policy or resign from government.
3. Common Law and Judicial Representation
Common Law refers to those laws which have never been passed by Parliament but are nevertheless recognised as binding. The principles of common law are important as they include; the presumption of liberty
The concept of natural justice
Statute laws are more superior to common law and so if there is conflict between the two in a situation, statute law will have to prevail. However when statutes aren’t clear judges may refer to common law principles
By interpreting the meaning of statute law and continuing to develop the common law, judges make constitutional law.
In this interpretation of statute law the courts have a key role in;
Adjudicating between the state and the individuals
Ensuring that governments don’t exceed their lawful powers
4.Works of Authority
Despite the many statutes and conventions which map out the operation of the British Constitution, there are some areas which have remained the subject of doubt and confusion. Here important documents and theoretical works are needed;
The Bill of Rights of 1689
Walter Bagehot’s The English Constitution, 1867, clarifies the status of cabinet and role of government
Dicey’s Introduction to the study of law and constitution, 1885, establishes the importance of the Rule of Law and the legal status of conventions
5. European Treaties
When Britain joined the EU in 1973 we were subjected to constraints which are constitutional as they affect the rights of citizens and the jurisdiction of government.
European legislation is initiated in the European Commission with which the UK parliament has no direct control over, and since the 1986 Single European Act, and the 1997 Amsterdam Treaty the use of QMV in the council of ministers has reduced the areas in which any member state can veto decisions.
The various treaties governing the jurisdiction of the EU affect parliamentary sovereignty and the powers of the government as the EU law is now superior to British in many areas, e.g. agricultural and environmental policies
In areas covered by the treaties the British parliament can’t pass laws which contradict European Laws.