Chapter 2 Key facts checklists

Chapter 2 Key facts checklists

Sources of constitutional law and constitutional conventions

• The primary sources of constitutional law are the common law, statutes, European Union (EU) law, decisions of the European Court of Human Rights, and the law and custom of Parliament.

• These legal rules play an important role in the process of government.

• Vitally important parts of the process of government in the UK are regulated by binding political rules and practices called ‘constitutional conventions’.

• There is an identifiable distinction between binding constitutional conventions and nonbinding ‘practices’.

• Some writers suggest that they can be recognized and stated with precision by applying the appropriate test.

• The courts have no jurisdiction to grant a remedy where the sole basis of the claim is that a constitutional convention has been breached.

• The only way a constitutional convention can become law is by statute.

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