What Is Constitutional Law? Essay

1480 Words Jan 9th, 2016 6 Pages
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also known as ‘Metric Martyrs’ case whereby it was held whether the European Communities Act 1972 had been impliedly repealed or restricted by the Weights and Measures Act 1985, it was suggested by Laws LJ that a hierarchy of Acts of Parliament are to be recognised as if there were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 or diminish the scope of what might be regarded as fundamental constitutional rights EB which is evident in cases such as Robinson…

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