1. Sources of the Constitution

2. Sources of the Constitution

3. Statute Law
• A statute is a written law passed by an Act of
Parliament. It is a law that is enforceable in
the courts.
• Many statutes do not embody principles
affecting the constitution. Others do because
they affect the way in which we are
governed, and relationships within the state.
• e.g. the Representation of the People Acts of
1918, 1928, and 1969

4. EU Law & Treaties
• The laws and treaties of the EU have become
a significant source of the British constitution.
• Where EU law and UK law conflict, EU law
takes precedence.
• This has been especially important for
economic and social legislation.

5. Conventions
• A convention is a regularly observed practice
considered appropriate for a given set of
circumstances.
• Constitutional conventions are, therefore, sets
of rules established over time by custom and
practice, which relate to the exercise of
government powers.
• Conventions are not legally binding.

6. Major works of authority
• Major works of authority have become sources of
guidance which are widely recognised and are
therefore viewed as authoritative.
• They often contain the nearest to a written
account that we have of the way the constitution
operates.
• E.g. Erskine May, Treatise on the Law, Privileges,
Proceedings and Usage of Parliament (1844),
Walter Bagehot, The English Constitution (1867),
A. V. Dicey, An Introduction to the Study of the
Law of the Constitution (1885)

7. Major constitutional documents
• A number of documents formed the basis of
the constitution because they established
important principles.
• Magna Carta 1215
• Bill of Rights 1689
• Act of Settlement 1701

8. Royal Prerogative
• The royal prerogative consists of a number of
powers or privileges in the past performed by the
monarch but now performed by ministers on his
or her behalf.
• Their authority is derived from the Crown, not
Parliament.
• Examples of these powers include the rights to;
declare war, make treaties, give orders to the
armed forces, dissolve parliament, appoint
ministers and dispense honours.

9. Common Law
• This is also known as ‘case law’. Common law is made by
judges, and is so named because it is common to every
person in every region of Britain.
• It is law formed on the basis of precedents set in previous
cases – i.e. judgements made by one court of law must be
followed by other courts in the future if they face a similar
case.
• Such a law is not the product of the legislative process, but
a reflection of the accumulated wisdom of the past which
binds judged into acceptance of these legal precedents.
• Most of the original laws concerning civil rights began in
this way, such as freedom of speech and freedom of
movement.

10. EXAM FOCUS
Describe the sources of the UK
constitution.
10 marks = 10 minutes
Start Timer
10 Minutes
10
8
6
4
2
0