(4)Source of the British constitution

(4)Source of the British constitution

1. Statute Law -'political law'

   • Single most important source of the constitution
   • Made by Parliament (Act)
   • Statute law conflicts with common or convention, statute law prevails

2. Common law-'Judge-made law'

   • Custom and tradition law
   • long established practice that become legal states
   • Defined by court as a "case by case" basic
   • Use of precedence- to become binding in later similar

3. Convections

   • Unwritten element in constition
   • non-legal, lack clear definition
   • upheld by practical circumstances
   • E.G. Royal Assent, monarch's argument to legislation passed then signed a bill to be come an act

4. Works of constitutional authority

   • UK constitution necessitates the consulting of works by authors considered authorities on constitution
   • Work define what is constitution 'correct'
   • Not legally enforceable
   • Needed to refer to clarify gaps due to the nature of the nature uncodified constitution
   • Lack legal authority and only consulted and followed, if consider relevant and authors are respected

5. EU Laws and treaties - UK joined in 1973

   • Process of EU integrations means that the important of EU bodies has increased- EU 1993
   • Implication of EU membership- higher statues of EU laws over statute Law
   • Debate towards significance of parliament sovereignty- UK uncodified constitution - EU failed to create one ratified in 2005