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Sources of UK Constitution??
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corax
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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
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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
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joshgallagher24
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#2
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.
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.
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Endless Blue
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#3
1. Statutory law
2. Common law
3. Convention
4. Works of Authority
5. EU law (since 1993)
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2. Common law
3. Convention
4. Works of Authority
5. EU law (since 1993)
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corax
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Endless Blue
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Jacob-C
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(Original post by corax)
Does the Royal Prerogative a convention or does it come under common law?
Does the Royal Prerogative a convention or does it come under common law?
(Original post by corax)
Also, I don't really get common law because parliament is meant to be sovereign?
Also, I don't really get common law because parliament is meant to be sovereign?
(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.
I have a list of all the different sources like Magna Carta, etc but I haven't categorised them which is confusing me.
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corax
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#7
Ah right okay thank you 
Quick question are there just select committees that operate in the HOL?
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Quick question are there just select committees that operate in the HOL?
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Jacob-C
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(Original post by corax)
Quick question are there just select committees that operate in the HOL?
Quick question are there just select committees that operate in the HOL?
Science and Technology Committee (Lords), House Committee, Economic Affairs Committee and the Refreshment Committee are examples of select committees made entirely of Lords.
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