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 , 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
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’?