8.1.3 Sources of the UK Constitution: Statute Law, Common Law, Conventions, Authoritative Works, and Treaties

The Five Main Sources of the UK Constitution

Statute Law

Definition

• Statute Law: Laws that are written and enacted by the UK Parliament. These are the most significant source of the UK Constitution.

Key Points

• Primary Legislation: Statutes passed by Parliament, also known as Acts of Parliament.
• Supremacy: Statute law holds the highest authority, and other sources must conform to it.

Examples

• Human Rights Act 1998: Incorporates the European Convention on Human Rights into UK law.
• Parliament Acts 1911 and 1949: Limit the powers of the House of Lords and assert the supremacy of the House of Commons.
• Scotland Act 1998: Established the Scottish Parliament, showcasing devolution within a unitary state.

Common Law

Definition

• Common Law: Laws developed through judicial decisions and precedents rather than through statutes.

Key Points

• Judicial Precedent: Judges interpret and apply the law, and their decisions set precedents for future cases.
• Flexibility: Common law evolves through judicial rulings, allowing it to adapt to new situations.

Examples

• Case of Prohibitions (1607): Established the principle that the monarch cannot judge legal cases, which must be decided by the judiciary.
• Entick v Carrington (1765): Affirmed the rule of law by establishing that government officials cannot exercise power without legal authority.

Conventions

Definition

• Conventions: Unwritten practices and norms that are followed by the UK's political institutions. Although not legally enforceable, they are considered binding.

Key Points

• Flexibility: Conventions can evolve over time without the need for formal amendment.
• Non-Legal Rules: While not legally binding, conventions are respected and followed to ensure smooth governance.

Examples

• The Royal Assent: By convention, the monarch always gives assent to legislation passed by Parliament.
• Collective Cabinet Responsibility: Ministers must publicly support all governmental decisions or resign.
• Salisbury Convention: The House of Lords will not oppose legislation promised in the governing party's election manifesto.

Authoritative Works

Definition

• Authoritative Works: Scholarly texts that explain and interpret the workings of the UK Constitution. These works are not legally binding but are highly respected.

Key Points

• Guidance: Provide detailed explanations of constitutional practices and conventions.
• Reference: Used by courts, politicians, and academics to understand constitutional issues.

Examples

• A.V. Dicey's "Introduction to the Study of the Law of the Constitution": Defines the principles of parliamentary sovereignty and the rule of law.
• Erskine May's "Treatise on the Law, Privileges, Proceedings and Usage of Parliament": The authoritative guide to parliamentary practice and procedure.
• Walter Bagehot's "The English Constitution": Provides insight into the functioning of the Cabinet and the constitutional monarchy.

Treaties

Definition

• Treaties: Formal agreements between the UK and other countries or international organizations. Once ratified, treaties can influence UK law.

Key Points

• International Law: Treaties often incorporate international laws and obligations into the domestic legal system.
• Parliamentary Approval: Treaties require approval by Parliament to be enforceable within the UK.

Examples

• Treaty of Maastricht (1992): Led to the European Union's formation and significantly impacted UK law until Brexit.
• European Convention on Human Rights (ECHR): Incorporated into UK law by the Human Rights Act 1998, influencing the protection of human rights.
• Brexit Withdrawal Agreement (2020): Established the terms of the UK's exit from the EU, affecting various aspects of UK law and policy.

Conclusion

The UK Constitution is derived from multiple sources, each contributing to its unique and flexible nature. Understanding these sources—statute law, common law, conventions, authoritative works, and treaties—is crucial for comprehending how the UK's political and legal systems operate.

These elements collectively ensure the constitution's adaptability, coherence, and continuity, while also reflecting the country's historical evolution and contemporary needs.