Interactions between sources of the UK constitution
INTERACTIONS AND RELATIONSHIPS BETWEEN SOURCES OF THE UK CONSTITUTION
INTERACTIONS/ Statute and case law
RELATIONSHIPS BETWEEN THE Royal prerogative and constitutional conventions
SOURCES Miller (No.1) (2017) to bring them all together
BASIC RELATIONSHIP Act of parliament is the supreme legal power
due to parliamentary sovereignty
If statute and common law are in conflict, the
statute will prevail
Statute needs to be interpreted to see its
meaning and this is often done to make it
consistent with common law to maintain the
relationship
INTERACTIONS AND RELATIONSHIPS BETWEEN STATUTE AND CASE LAW: CONSTITUTIONAL
CONVENTIONS
CONSTITUTIONAL STATUTES ‘Constitutional statutes’ is a term developed through
case law used to describe acts of parliament which the
courts/judges think have special constitutional
importance to give special legal weight to an act of
parliament
However, lacks consistency in its use and ultimately isn’t
this for parliament to decide if they want to give an act
special constitutional status rather than the courts???...
DEVELOPMENT OF Thoburn v Sunderland City Council
CONSTITUTIONAL STATUTES IN Invented the idea that there should be a hierarchy in
CASE LAW statute – there should be ‘ordinary’ statutes and
‘constitutional’ statutes
Ordinary statutes can be impliedly repealed, and
constitutional statutes cannot
When new law is inconsistent with old law we take this
to mean that the old law is being impliedly repealed but
if this is a constitutional act then it might not be able to
be repealed by just enacting a new act of parliament
Gives special protection to things the judge
designates as constitutional statutes
Said this was a common law idea and that
through common law the judges can create new
categories of statute
, Interactions between sources of the UK constitution
Robinson v Secretary of State for Northern Ireland
Imperial Tobacco Limited v Lord Advocate (Scotland)
The idea of constitutional statutes is debated and
inconsistent within the courts
HS2 Action Alliance case
Used the term ‘constitutional instruments’ rather than
constitutional statutes
REASONS TO BE SCEPTICAL OF Judicial inconsistency
‘CONSTITUTIONAL STATUTES’ Questionable authority (where was this concept
invented??? Not a binding decision, just obiter)
Not up to the courts to decide these new
categories of statutes
INTERACTIONS AND RELATIONSHIPS BETWEEN SOURCES OF THE UK CONSTITUTION
INTERACTIONS/ Statute and case law
RELATIONSHIPS BETWEEN THE Royal prerogative and constitutional conventions
SOURCES Miller (No.1) (2017) to bring them all together
BASIC RELATIONSHIP Act of parliament is the supreme legal power
due to parliamentary sovereignty
If statute and common law are in conflict, the
statute will prevail
Statute needs to be interpreted to see its
meaning and this is often done to make it
consistent with common law to maintain the
relationship
INTERACTIONS AND RELATIONSHIPS BETWEEN STATUTE AND CASE LAW: CONSTITUTIONAL
CONVENTIONS
CONSTITUTIONAL STATUTES ‘Constitutional statutes’ is a term developed through
case law used to describe acts of parliament which the
courts/judges think have special constitutional
importance to give special legal weight to an act of
parliament
However, lacks consistency in its use and ultimately isn’t
this for parliament to decide if they want to give an act
special constitutional status rather than the courts???...
DEVELOPMENT OF Thoburn v Sunderland City Council
CONSTITUTIONAL STATUTES IN Invented the idea that there should be a hierarchy in
CASE LAW statute – there should be ‘ordinary’ statutes and
‘constitutional’ statutes
Ordinary statutes can be impliedly repealed, and
constitutional statutes cannot
When new law is inconsistent with old law we take this
to mean that the old law is being impliedly repealed but
if this is a constitutional act then it might not be able to
be repealed by just enacting a new act of parliament
Gives special protection to things the judge
designates as constitutional statutes
Said this was a common law idea and that
through common law the judges can create new
categories of statute
, Interactions between sources of the UK constitution
Robinson v Secretary of State for Northern Ireland
Imperial Tobacco Limited v Lord Advocate (Scotland)
The idea of constitutional statutes is debated and
inconsistent within the courts
HS2 Action Alliance case
Used the term ‘constitutional instruments’ rather than
constitutional statutes
REASONS TO BE SCEPTICAL OF Judicial inconsistency
‘CONSTITUTIONAL STATUTES’ Questionable authority (where was this concept
invented??? Not a binding decision, just obiter)
Not up to the courts to decide these new
categories of statutes
