Public Law - Sources of the UK constitution revision notes (semester 1)
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Course
Public Law (LAW106)
Institution
The University Of Liverpool (UoL)
Document containing all the relevant information about the topic, condensed into colour coded tables to enable easier memorisation and order. I achieved a first class in public law using these notes.
SOURCES OF THE UK Statute
CONSTITUTION Case law
Royal prerogative
Constitutional conventions
STATUTE Acts of parliament
Enacted by commons and get royal assent to come
into force
Supreme source of legal rules in the UK and can
change any aspect of the constitution (due to the
supremacy status of this law and the fact that the
constitution is uncodified)
fundamental aspects of the constitution through
normal legislation e.g., powers and identity of
monarch, position of judges, power within
Parliament
EXAMPLES OF STATUTE Magna Carta 1215
Chapter 39 explains that no free man will be seized or
imprisoned, stripped of his rights, or proceeded with force
against him ‘except by the lawful judgement of his equals
or by the law of the land’
set of provisions following a battle/conflict
between the king and people who didn’t want to
pay tax
the king lost the battle so had to agree to these
conditions, so this put limitations of the crown
one of the very first constitutional statutes
Bill of Rights 1689
Article 6: ‘unless it be with the consent of parliament is
against the law’
Article 9 (freedom of speech): ‘proceedings in parliament
ought not to be…questioned in any court’
set of conditions imposed on royal power to limit
the power of the crown
freedom of speech is still relevant today and
parliamentary privilege comes from freedom of
speech – MPs can say whatever they want in
parliament as they are protected by parliamentary
privilege and won’t be sued for deformation
Parliament act 1949
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