Importance Of Constitutional Law

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What is constitutional law? It the law that provides the framework of the state and establishes the state’s principal institutions for instance the parliament, government, courts and devolved legislatures and executives. The United Kingdom(UK) constitution consists of a plethora of sources. There are divided into legal, international legal and non legal. For instance, legislations, case law, royal prerogative, European Union(EU) law, constitutional conventions and academic writings. Firstly, legislation as in Thoburn v Sunderland City Council [2002] EWHC 195(Admin) also known as ‘Metric Martyrs’ case whereby it was held whether the European Communities Act 1972 had been impliedly repealed or restricted by the Weights and Measures Act 1985, it was suggested by Laws LJ that a hierarchy of Acts of Parliament are to be recognised as if there were “ordinary” statutes and “constitutional” statutes. [62] Doctrine of implied repeal should not apply to constitutional statutes [63]

The highest form of domestic law in the UK constitution is the Act of Parliament since the Bills of Rights 1689. The basic principle of constitution in the UK is the doctrine of parliamentary sovereignty.

Constitutional statutes are pieces of legislation which condition the legal relationship between citizens and state in some general, over-arching manner, or which enlarge
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However, they limit the use of legal power. They are sometimes known as political mechanism for restraining the excessive use of power. They are sometimes known as to ‘provide the flesh which clothes the dry bones of the law’. Constitutional conventions are usually not enforced in courts as can be seen in Attorney General v Jonathan Cape Ltd and Times Newspapers [1976] QB 752 (QB) (Crossman Diaries case) notes. They are also usually unwritten. However, there are exceptions to this. For instance, Ministerial Code and Cabinet Manual

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