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Sources of UK Constitution??

Okay I'm re-sitting Unit 2 AQA Government and Politics paper and I'm a bit confused..

Does the Royal Prerogative a convention or does it come under common law?

Also, I don't really get common law because parliament is meant to be sovereign?

I have a list of all the different sources like Magna Carta, etc but I haven't categorised them which is confusing me.

Thanks :smile:

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Reply 1

joshgallagher24

Youre over coplecating the sources !

Sources:

Parliamentary statutes

Theses are laws which have a constitutional effect.

One of these is The Human Rights Act 1998, also another one under parliamentary statutes is The Freedom of Information Act 2000.

Conventions

These are rules that are not legally enforceable but are binding, this virtually makes them laws (these are not written down).

One convention is collective cabinet responsibility which states that memebers of the government should defend all government policies.

Common law

These are similar to conventions but are legally enforceable by the courts (these are not written down).

One feature of common law is that many individual rights and freedoms are established by common law, another is the use of perogaive powers by the PM; This means the PM has a range of powers transferred from the monarchy that arent sanctioned by parliament.

There are also works of authority and Traditions but I have to revise !

Does the Royal Prerogative a convention or does it come under common law? COMON LAW !

Also, I don't really get common law because parliament is meant to be sovereign? Common law doesnt overrule parliament as parliament is the ultimate source of power.

Reply 2

Endless Blue

1. Statutory law
2. Common law
3. Convention
4. Works of Authority
5. EU law (since 1993)

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Reply 3

corax

Thank you both :smile:

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Reply 4

Endless Blue

Original post by corax

Thank you both :smile:

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No worries, if you need any explaining let me know. :smile:

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Reply 5

Jacob-C

Original post by corax

Does the Royal Prerogative a convention or does it come under common law?

Royal Prerogative is a convention as it does not exist in any written form but has been accepted as what should happen over time. These powers have been transferred from the monarch to the Prime Minister in no formal agreement but have just happened for a long period of time.

Original post by corax

Also, I don't really get common law because parliament is meant to be sovereign?

Parliament is sovereign as it is the supreme law making body in the UK, however common law is differnent. Common law is law made by judges in the situation where there is no law to work from. In the case that common law is adopted it shall set a precedence so that any other court has to follow its example in sentencing and reaching judgements.

Original post by corax

I have a list of all the different sources like Magna Carta, etc but I haven't categorised them which is confusing me.

The sources are: Acts of Parliament (all laws passed by Parliament), Common law (made by judges), Treaties (United Nations, EU etc.), Constitutional conventions of the United Kingdom (Royal Prerogative) and Works of authority on the British constitution (literature seen to be incorporated into the Constitution).

Reply 6

corax

Ah right okay thank you :biggrin:

Quick question are there just select committees that operate in the HOL?

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Reply 7

Jacob-C

Original post by corax

Quick question are there just select committees that operate in the HOL?

Select committees can have their membership from either the House of Commons (MPs) or from the House of Lords (Lords/Ladies). Some select committees are made from just MPs other with just members of the Lords, however there are others which have membership from both Houses called Joint Select Committees.

Science and Technology Committee (Lords), House Committee, Economic Affairs Committee and the Refreshment Committee are examples of select committees made entirely of Lords.