Unit 2 The Constitution
- Created by: meganj99
- Created on: 30-03-16 19:49
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- Unit 2 The Constitution
- TYPES
- Uncodified
- Single authoritative document + constitutes higher law
- Entrenched, therefore difficult to amend/abolish
- Judiciable
- Codified
- Constitutional law have the same status as ordinary law - No form of higher-law
- Not entrenched - reflected through parliamentary sovereignty
- Judges can't declare any actions are constitutional or unconstitutional
- Uncodified
- SOURCES
- Statute Law - Acts of Parliament which have parliamentary sovereignty
- HRA Act 1998 HOL Act 1999 CR Act 2000 FOI Act 2000
- Common Law - based on tradition where judgements in earlier cases are binding
- Royal Prerogative
- Conventions - a non-legal rule of conduct and behaviour
- Collective ministerial responsibility + Appointment of the Prime Minster
- Works of Authority - help define what is constitutionally correct
- Walter Bagehot + A.V. Dicey + Erskine May
- EU Laws and Treaties
- Treaty of Rome 1957 Treaty of Lisbon 2009
- Statute Law - Acts of Parliament which have parliamentary sovereignty
- PRINCIPLES
- Parliamentary Sovereignty - absolute & unlimited power
- Rule of Law - principle that law should rule and the govt. is subject to checks and balances
- Parliamentary Government - coalition between executive and parliament, interlocking institutions
- Constitutional Monarchy
- EU Membership - EU Law higher than statute law
- TYPES
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