31/10/2012

 A collection of rules governing a country which  Defines the composition and powers of the organs of state.  Regulates the relationships between those organs  Regulates the relationship between state and individuals

 The Uk is virtually alone in the world in that they have a unwritten constitution.

 Bill of rights 1688  Congreve v Home Office {1976} All ER 697  AG. V Wilts United Dairies (1922) 38 TLR 781  Act of Union Scotland 1707  European Communities Act 1972  Parliament acts of 1911 and 1949  Scotland act 1998  Human rights act 1998

 Entick v Carrington (1765) Royal Prerogative  Common law powers ethnically belong to the crown and is normally exercised by the government.  Power to summon and dissolve parliament  Making of international treaties

 European law  European convention of human rights  Conventions Non-legal sources of law

 Legislative supremacy of parliament  Separation of powers  The rule of law and the principle of legality  Royal prerogative

 A V Dicey – Introduction to the Study of the Law of the Constitution. (1885)  "[Parliament] has under the English constitution, the right to make or unmake any law whatever; and further that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament."  Parliament can do any thing they want  British Railways Board v Pickin [1974] AC 765

 a model for the governance of democratic states  closely linked to the RULE OF LAW  John Locke (1690) – “if the same person has the power to make laws and execute them, they may exempt themselves from the laws they make and use the law to their own private advantage” a separate legislature and executive  Montesquieu ( ) – "the independence of the judiciary has to be real, and not apparent merely“ warned of failing to separate judicial power from the others

 R v Parliamentary Commissioner for Standards ex AL Fayed {1998} 1 all ER 93.

 Judicial Review M v Home office WLR 73

 Prerogative powers were formerly exercised by the monarch acting alone. Since the 19th century, the advice of the prime minister or the cabinet—who are then accountable to Parliament for the decision—has been required in order for the prerogative to be exercised. The monarch is constitutionally empowered to exercise the Royal Prerogative against the advice of the prime minister or the cabinet, but does so only in emergencies or where existing precedent does not adequately apply to the circumstances in question.prime ministercabinet  Today the royal prerogative is concerned with several areas critical to the government of the United Kingdom, including the conduct of foreign affairs, defence, and national security. The monarchy has a significant constitutional presence in these and other areas, but very limited power, because the prerogative is nowadays in the hands of the prime minister and other ministers or other government officials.

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