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Sources and Nature of the Constitution

Sources and Nature of the Constitution. What is a constitution?  “an assemblage of laws, institutions and customs which combine to create a system of government to which the community agrees.” What is the status of a constitution? Note Marbury v. Madison (1803).

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Sources and Nature of the Constitution

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  1. Sources and Nature of the Constitution • What is a constitution? •  “an assemblage of laws, institutions and customs which combine to create a system of government to which the community agrees.” • What is the status of a constitution? • Note Marbury v. Madison (1803)

  2. Sources and Nature of the Constitution • Six main sources combine to create the UK constitution • (1) Legislation – note the lack of a specific ‘constitutional’ status or parliamentary procedure. • How do you identify a ‘constitutional’ Act? • Examples : Parliament Acts 1911-49, House of Lords Act 1999.

  3. Sources and Nature of the Constitution • (2) The Common Law • Note the importance of Judicial decisions as a source of constitutional law • Examples : Entick v. Carrington (1765), C.C.S.U. v. Minister for the Civil Service [1985] AC 374. • Does this mean judges are making law?

  4. Sources and Nature of the Constitution • (3)The Laws and Customs of Parliament • The concept of parliamentary privilege – Article 9 Bill of Rights 1689 • The ‘Salisbury Doctrine’ • The Role of the Monarch in Parliament

  5. Sources and Nature of the Constitution • 4. Academic Writings • Note the work of Albert Venn Dicey : Introduction to the Study of the Law of the Constitution (1885) • Also the work of Blackstone and Geoffrey Marshall. • Note how influential these writers have been.

  6. Sources and Nature of the Constitution • 5. Constitutional Conventions • “rules of constitutional behaviour considered to be binding by and upon those who operate the constitution.” • What are the characteristics of conventions? • A/G v. Jonathan Cape Ltd. [1976] QB 752

  7. Sources and Nature of the Constitution • 6. The European Union • Note the limits of this as a source and its temporary nature • Examples of EU law as constitutional law. • Are the EU Treaties a written constitution for the UK?

  8. Sources and Nature of the Constitution • Nature of the Constitution • The UK Constitution has several important characteristics • Is the UK Constitution ‘unwritten’ or merely uncodified? • Does this matter?

  9. Sources and Nature of the Constitution • The Constitution is FLEXIBLE • Examples of this – Devolution, dilution of doctrine of ministerial responsibility. • Consequences of flexibility? • Is the Constitution ‘too flexible?’

  10. Sources and Nature of the Constitution • The Constitution is a Parliamentary Democracy. • The UK is a Constitutional Monarchy • Note The Monarch’s Role in Parliament • IS the UK constitution ‘unitary’ or ‘federal’?

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