Sources of the UK Constitution.

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Kate Bolger LVI5                Mrs Wilson

Sources of the UK Constitution

1. Statute Law

Acts passed by Westminster parliament are the highest legal source of the constitution, and a majority of one vote in the HOC is sufficient to introduce major changes in the constitution, for example The European Communities Act 1972

It’s not possible to entrench constitutional laws in the UK on account of the doctrine of Parliamentary Sovereignty.  Therefore parliament cannot be limited in its actions by any past statute or agreement

Examples of statutes which define the system of government include; a series of local government acts establishing and controlling the powers of local authorities, The Scotland, Wales and N.Ireland Acts of 1998-9 which granted devolved powers, and The Human Rights Act of 1999.

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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 ...

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