Sources of constitutional law


Published by a UUÂãÁÄÖ±²¥ Public Law expert
Practice notes

Sources of constitutional law


Published by a UUÂãÁÄÖ±²¥ Public Law expert

Practice notes
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In brief

The British constitution is unwritten in the sense that it does not derive from a single constitutional text. It has a variety of written and unwritten sources. In addition to the main written sources of law in England and Wales, legislation (which has also brought international and human rights law principles into our constitution) and common law, the constitution is derived from two additional unwritten sources: the prerogative, and non-legal constitutional conventions. In addition, according to one view the fundamental or predominant principle of our constitution, Parliamentary sovereignty, has its source in political fact rather than in law.

Legislation

Legislation is the most important source of constitutional law. Acts of Parliament may lay down constitutional rules, or even delegate power to do so, to ministers or to others. Legislation is traditionally seen as having primacy over any other kind of constitutional rule, under the doctrine of Parliamentary sovereignty.

Examples of statutes making constitutional provision are the Bill of Rights 1688, the Act of Settlement (1700), the Union with Scotland Act 1706, the Parliament Act 1911

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Common law definition
What does Common law mean?

Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.

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