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)

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.

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?

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

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.

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

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?

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

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?’

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’?