(4)Source of the British constitution

Statute Law -'political law'
1. Single most important source of the constitution
2. Made by Parliament (Act)
3. Statute law conflicts with common or convention, statute law prevails
Common law-'Judge-made law'
1. Custom and tradition law
2. long established practice that become legal states
3. Defined by court as a "case by case" basic
4. Use of precedence- to become binding in later similar
Convections
1. Unwritten element in constition
2. non-legal, lack clear definition
3. upheld by practical circumstances
4. E.G. Royal Assent, monarch's argument to legislation passed then signed a bill to be come an act
Works of constitutional authority
1. UK constitution necessitates the consulting of works by authors considered authorities on constitution
2. Work define what is constitution 'correct'
3. Not legally enforceable
4. Needed to refer to clarify gaps due to the nature of the nature uncodified constitution
5. Lack legal authority and only consulted and followed, if consider relevant and authors are respected
EU Laws and treaties - UK joined in 1973
1. Process of EU integrations means that the important of EU bodies has increased- EU 1993
2. Implication of EU membership- higher statues of EU laws over statute Law
3. Debate towards significance of parliament sovereignty- UK uncodified constitution - EU failed to create one ratified in 2005

Resource summary

	Created by Marcus Danvers over 9 years ago