Ficha de revisão: Fundamentals of UK Constitutional Law

📋 Course Outline

1. Module learning outcomes and assessment
2. UK constitution features and key values
3. Public law and constitutionalism definitions
4. Sources of the Constitution: statutes
5. Sources of the Constitution: case law
6. Sources of the Constitution: delegated legislation
7. Sources of the Constitution: royal prerogative orders
8. Non-legal sources: conventions and sanctions
9. Non-legal sources: jurists and academic works
10. Non-legal sources: party rules and parliamentary custom

📖 1. Module learning outcomes and assessment

🔑 Key Concepts & Definitions

• Constitutional and Administrative Law I : A first module that builds core knowledge and skills for studying constitutional and administrative legal topics.
• Module learning outcome MLO1 : A learning target focused on applying constitutional and administrative legal concepts, rules, and principles to legal questions.
• Module learning outcome MLO2 : A learning target focused on spotting legal problems within varied factual scenarios in constitutional and administrative contexts.
• Module learning outcome MLO3 : A learning target focused on independent, ongoing self-study of constitutional and administrative legal concepts using technological skills.
• Module learning outcome MLO4 : A learning target focused on producing constitutional and administrative legal solutions both orally and in writing.

📝 Essential Points

• MLO1 requires applying legal concepts, rules, and principles specifically within Constitutional and Administrative Law.
• MLO2 requires identifying legal problems arising from a range of factual situations within Constitutional and Administrative Law.
• MLO3 requires independent and continuous self-learning, supported by technological skills, across the module’s legal concepts and rules.
• MLO4 requires producing legal solutions in both oral and written formats for constitutional and administrative legal problems.
• Coursework assessment accounts for 60% of overall student performance in the module.
• The module also provides documents covering learning outcomes, assessment modes, and necessary reading materials via Campus Central and MyTIMeS.

💡 Memory Hook

MLO1–MLO4 = Apply, Identify, Learn (tech), Produce (oral+written).

📖 2. UK constitution features and key values

🔑 Key Concepts & Definitions

• Constitutional monarchy : A constitutional monarchy is a system where a monarch exists but political authority is limited by law and constitutional practice.
• Uncodified constitution : An uncodified constitution is not written in a single document, so constitutional rules come from multiple sources.
• Parliamentary sovereignty doctrine : Parliamentary sovereignty means Parliament has the highest legal authority to make or change laws.
• Devolution within a unitary state : A unitary state with devolution gives regional governments powers while Parliament remains the ultimate law-maker.
• Fundamental liberties protection : Fundamental liberties are protected through the Human Rights Act 1998 framework working alongside common law.

📝 Essential Points

• The UK has a constitutional monarchy rather than an absolute monarchy.
• The constitution is described as uncodified, meaning constitutional principles are spread across different legal sources.
• Parliamentary sovereignty is treated as a core doctrine of the UK constitution.
• The UK is a unitary state while power is devolved to three of the four nations.
• Fundamental liberties are protected through the combined operation of the Human Rights Act 1998 framework and common law.
• The Human Rights Act 1998 framework works together with common law rather than replacing it.

💡 Memory Hook

Uncodified + sovereign Parliament + devolution: one top law-maker, powers shared below.

📖 3. Public law and constitutionalism definitions

🔑 Key Concepts & Definitions

• Public law : Public law is the branch of law that regulates the state’s exercise of power and its relationship with individuals and other public bodies.
• Private law : Private law is the branch of law that governs disputes between private parties rather than the state’s public exercise of authority.
• Constitutionalism : Constitutionalism is the doctrine that government action is legitimate only when power is limited, dispersed, and exercised under accountable rules.
• Intra vires : Intra vires describes the exercise of power within the legal limits granted by the authority that confers that power.
• Constitutional law : Constitutional law is the body of rules that structures government institutions and protects the constitutional framework of a state.

📝 Essential Points

• Public law contrasts with private law by focusing on state authority and public institutions rather than private relationships.
• Examples of public law include criminal law, public international law, constitutional law, and administrative law.
• Constitutionalism requires limitation of powers and sufficient dispersion between institutions to reduce abuse of power.
• Constitutionalism requires separation of powers and responsible, accountable government.
• Constitutionalism links accountability to the electorate for both policy formulation and legislative legitimating of that policy.
• Constitutionalism requires respect for individual rights even when power is exercised without legal authority.

💡 Memory Hook

Public law = Public power; Constitutionalism = Limit + Separate + Account.

📖 4. Sources of the Constitution: statutes

🔑 Key Concepts & Definitions

• Constitutionalism : Constitutionalism is a doctrine that treats the constitution as higher-order law that limits other authorities beyond mere compliance with existing rules.
• Written constitution : A written constitution is a constitution set out in one or more documents that state the state’s basic rules, with or without later amendments.
• Unwritten constitution : An unwritten constitution is a constitutional order not mainly contained in a single codified text, shaped by historical continuity and other sources.
• Bill of Rights : A Bill of Rights is a written list of rights and freedoms that citizens are entitled to under a constitutional framework.
• Parliamentary sovereignty : Parliamentary sovereignty is the principle that Parliament is the supreme lawmaker with power to make any law through ordinary legislative procedures.

📝 Essential Points

• Constitutionalism goes beyond legality by requiring that lower laws yield to the constitution’s higher status.
• Written constitutions are linked to a historical break that enables a fresh constitutional start.
• The UK’s constitution is mainly unwritten because British constitutional history shows continuity from 1066 to the present.
• A codified constitution does not give the full constitutional picture because case law and political practices interpret it.
• Dicey’s flexible constitution allows any law to be changed by the same body in the same way as ordinary laws.
• Dicey’s rigid constitution protects certain constitutional or fundamental laws from being amended like ordinary laws.

💡 Memory Hook

Constitutionalism = “higher law wins”; statutes must yield to the constitution, not just follow rules.

📖 5. Sources of the Constitution: case law

🔑 Key Concepts & Definitions

• Parliamentary sovereignty : A constitutional doctrine stating Parliament is the supreme lawmaker with power to make any law and no court can invalidate an Act of Parliament.
• Unwritten Constitution : A constitutional system where constitutional rules are developed through practice and legal principles rather than a single codified text.
• Supreme constitution : A constitutional arrangement where the legislature’s law-making powers are unlimited and not constrained by a higher legal authority.
• Subordinate constitution : A constitutional arrangement where the legislature’s powers are limited by a higher authority that can constrain or override them.
• Unitary state : A state where authority is concentrated in one main source or body, with any regional powers typically created and removable by Parliament.

📝 Essential Points

• Under parliamentary sovereignty, Parliament can pass any Act by simple majority and courts must treat it as valid law.
• Courts cannot hold an Act of Parliament void, so legal restraints on Parliament’s legislative power are theoretically absent.
• Sir Ivor Jennings’s illustration: Parliament could legislate a ban on smoking in the streets of Paris, and the Act would be valid in England but ineffective in France.
• Jennings’s example implies that even extreme content would not be legally blocked by domestic courts if enacted by Parliament.
• Sir Leslie Stephen’s question highlights the puzzle of what restrains Parliament if it can legislate on any subject at all.
• Unitary state contrasts with federal ideas by emphasizing one visible sovereign power, whether Parliament or another ruler, as the main source of authority.

💡 Memory Hook

Jennings: “If Parliament says it, English courts treat it as law”—valid at home, may fail abroad.

📖 6. Sources of the Constitution: delegated legislation

🔑 Key Concepts & Definitions

• Delegated legislative power : Delegated legislative power is law-making authority given by an Act of Parliament to another body or institution.
• Regional legislative bodies : Regional legislative bodies are assemblies and local authorities that receive their powers from Acts of Parliament.
• Revocation of delegated power : Revocation of delegated power is the withdrawal of authority previously granted by Parliament, subject to political acceptability.
• Multi-layered UK constitution : A multi-layered constitution describes the UK where law-making power is dispersed across Westminster and devolved legislatures.

📝 Essential Points

• Regional parliaments and local authorities are created by Acts of Parliament, so their powers can be withdrawn by Parliament.
• Withdrawal of delegated power is constrained only by political acceptability to the electorate, not by legal limits in the account given.
• Northern Ireland’s limited legislative authority was granted under the Government of Ireland Act 1920 and later revoked by the Northern Ireland Constitution Act 1973.
• Scotland and Wales received devolution proposals via the Scotland Act 1978 and Wales Act 1978, but those Acts were not brought into force, leaving Westminster in control.
• In 1998, the Scotland Act 1998, Government of Wales Act 1998, and Northern Ireland Act 1998 decentralized power while Westminster retained ultimate sovereign power.
• Although Parliament is legally sovereign, devolving wide-ranging law-making powers to devolved legislatures disperses power, making “unitary” less realistic than “multi-layered”.

💡 Memory Hook

Delegation = Parliament grants; Parliament can pull back; 1920→1973 (NI) and 1978 (not in force) → 1998 (devolution) shows the shift to multi-layered power.

📖 7. Sources of the Constitution: royal prerogative orders

🔑 Key Concepts & Definitions

• Royal prerogative orders : Royal prerogative orders are executive instruments issued under the Crown’s residual prerogative powers rather than by statute.
• Royal assent : Royal assent is the Crown’s formal approval that completes the passage of Bills passed by Parliament.
• Conventional constitutional practice : Conventional constitutional practice consists of unwritten rules about how constitutional powers are used in practice.
• Non-legal constitutional constraints : Non-legal constitutional constraints are pressures or conventions that limit action even when courts cannot enforce them.

📝 Essential Points

• Royal assent can legally be withheld, but convention requires it not to be withheld for Bills passed by Parliament.
• The convention that royal assent is never withheld has held since 1708.
• Constitutional restrictions can be non-legal and still shape real outcomes through conventional practice.
• Even where Parliament has no legal restraints on what it does, non-legal constraints can still operate in practice.

💡 Memory Hook

Legal power to withhold royal assent exists, but convention blocks it (since 1708).

📖 8. Non-legal sources: conventions and sanctions

🔑 Key Concepts & Definitions

• Constitutional conventions : Constitutional conventions are unwritten practices that guide how political actors behave, even though they are not legally enforceable.
• Sanctions : Sanctions are consequences used to discourage breach of conventions, typically political rather than legal.
• Political accountability : Political accountability is the pressure on office-holders to follow conventions because voters, Parliament, or parties can respond to non-compliance.
• Non-justiciability : Non-justiciability describes conduct that courts will not treat as enforceable law, even if it is constitutionally expected.

📝 Essential Points

• Conventions operate as constitutional expectations rather than rules created by courts or statutes.
• Sanctions for breaking conventions are mainly political, such as criticism, loss of support, or parliamentary consequences.
• Because conventions are not legally binding, they are generally non-justiciable in court.
• The strength of a convention depends on how consistently it is followed and how severe the political backlash is.
• Conventions can shape constitutional practice even when no statute directly covers the behaviour.
• Non-compliance may be treated as a constitutional breach even without any legal illegality.

💡 Memory Hook

Conventions = “custom without court”; sanctions = “politics without jail”.

📖 9. Non-legal sources: jurists and academic works

🔑 Key Concepts & Definitions

• Jurists : Jurists are legal scholars whose writings influence how legal rules are understood and applied.
• Academic works : Academic works are scholarly publications that analyze law and can guide interpretation and argumentation.
• Secondary authority : Secondary authority is non-legislative material used to support legal reasoning rather than to create binding rules.
• Scholarly commentary : Scholarly commentary is juristic writing that explains doctrines, highlights debates, and clarifies how rules operate.

📝 Essential Points

• Non-legal sources are used for persuasion and explanation, not as binding law like statutes or decided cases.
• Jurists’ views can help courts and lawyers interpret ambiguous legal concepts by providing structured analysis.
• Academic works often synthesize doctrine, identify trends, and compare approaches across jurisdictions or time periods.
• Secondary authority is typically strongest when it aligns with established legal principles and reasoning from primary sources.
• When citing jurists or scholarship, focus on the doctrinal point they support rather than treating them as standalone authority.
• Comparison: jurists and academic works vs primary sources—jurists/scholarship persuade and explain, while statutes and case law bind and determine outcomes.

💡 Memory Hook

Think “secondary = support”: jurists and academics help you argue, but they don’t decide like statutes or courts.

📖 10. Non-legal sources: party rules and parliamentary custom

🔑 Key Concepts & Definitions

• Party rules : Party rules are internal regulations set by political parties that guide how party actors select and manage parliamentary leadership.
• Parliamentary custom : Parliamentary custom is an established practice in parliamentary proceedings that is treated as binding within Parliament even if not enforceable as law in court.
• Constitutional convention : A constitutional convention is a non-legal rule of conduct accepted as binding by constitutional actors, with political sanctions for breach rather than court enforcement.
• Political sanction : Political sanction is the non-judicial consequence used to enforce constitutional conventions when a convention is breached.

📝 Essential Points

• Party rules can govern selection of parliamentary leaders and other internal party decisions without being court-enforceable law.
• Parliamentary custom and procedure are mainly enforced through parliamentary mechanisms rather than by the courts.
• Constitutional conventions are accepted as binding by relevant constitutional actors even though courts will not treat them as enforceable legal rules.
• Breach of a constitutional convention typically triggers political consequences rather than legal remedies in court.
• Examples of conventions include the monarch appointing as Prime Minister the leader of the majority party in the House of Commons and requiring the Prime Minister to be a member of that House.

💡 Memory Hook

Conventions = court won’t enforce; Parliament/actors enforce via politics.

📅 Key Dates

📊 Synthesis Tables

Legal vs non-legal constitutional sources

⚠️ Common Pitfalls & Confusions

1. Confusing constitutional conventions with legal rules: conventions are not enforced by courts, and breach typically triggers political sanctions rather than legal remedies.
2. Assuming parliamentary sovereignty means there are no constraints at all: the material distinguishes legal restraints (theoretically absent) from non-legal constraints and political costs.
3. Mixing up written vs unwritten constitutions: even where a constitution is codified, the course stresses you must use case law and political practices to get the full constitutional picture.
4. Thinking devolution makes the UK federal: the course frames the UK as legally sovereign Parliament with devolved powers, so it is better described as ‘multi-layered’ rather than unitary in the strict sense.
5. Treating delegated legislation as independent law-making: the course stresses delegated bodies are created by Acts of Parliament and powers can be withdrawn subject to political acceptability.
6. Misstating the convention on royal assent: the Crown has the legal power to withhold, but convention requires it not to be withheld (held since 1708).
7. Confusing ‘flexible’ and ‘rigid’ constitutions: Dicey’s flexible constitution allows any law to be changed by the same body in the same manner, while rigid constitutions protect certain constitutional/fundamental laws.

✅ Exam Checklist

1. State the module learning outcomes MLO1–MLO4 and explain what each requires (apply, identify, self-learn with technology, and produce oral+written solutions).
2. Define public law and distinguish it from private law, including the examples given (criminal law, public international law, constitutional law, administrative law).
3. Explain constitutionalism and list its required elements from the material: limitation of powers, separation of powers, and responsible/accountable government.
4. Use the course’s meaning of intra vires to explain lawful exercise of power within the limits conferred by the authority granting power.
5. Define constitutional law as the body of rules that structures government institutions and protects the constitutional framework.
6. Explain why the UK constitution is mainly unwritten (continuity from 1066 to current times) and what ‘uncodified’ means (not in a single document).
7. Apply the constitutional monarchy features: monarch as head of state/figurehead, legal theoretical power vs practical power, and the convention on royal assent (never withheld since 1708).
8. Contrast written vs unwritten constitutions using the course’s points: written/codified origins (American War of Independence and French revolution) and the need to consult case law/political practices even for codified/
9. Produce a clear account of parliamentary sovereignty: Parliament can pass any Act by simple majority and courts cannot hold an Act of Parliament void.
10. Explain Dicey’s flexible vs rigid constitution definitions and connect them to the UK’s constitutional evolution/continuity.
11. Use Jennings’s and Stephen’s examples to discuss what (if anything) restrains Parliament and how the course treats legal vs non-legal constraints.
12. Define unitary state using the course’s description of concentrated authority and explain how regional/local powers are created and withdrawn via Acts of Parliament.
13. Reconstruct the devolution timeline examples: NI limited authority under Government of Ireland Act 1920 revoked by NI Constitution Act 1973; Scotland/Wales via Scotland Act 1978 and Wales Act 1978 not brought into force;
14. Explain the 1998 devolution Acts and the course’s conclusion that ultimate sovereign power remains with Westminster, making the UK ‘multi-layered’.