Explain The Usefulness Of The Sources Of Us Constitution

Words: 823
Pages: 4

When answering this question, one must first establish what is meant by a constitution. According to Geoffrey Marshall1, a constitution is Furthermore, constitutions do not just organise power but legitimise it; constitutions express national goals, ambitions and policies. The UK’s constitution differs from many others as it is flexible and uncodified. As an uncodified constitution, there are many sources such as legislation, case law, prerogative powers, EU law, international treaties and constitutional conventions.
Thus, in answering whether The Human Rights Act 1998 (“The HRA”) is a principled and reasonable compromise between parliamentary supremacy and the need for effective human rights protection in the UK, and whether it strikes an appropriate constitutional balance, we must understand and look at the variety of sources of the UK constitution. One of the most important sources of the UK constitution is legislation, the
…show more content…
He comments that parliament have automatically limited their own power through devolution, membership of the EU and the HRA, which he feels, This is constitutionally significant; suggesting parliamentary supremacy is not the sole core of the constitution and principles such the Rule of law which protect human rights are equally significant. This implies the HRA strikes an appropriate constitutional balance; protecting both parliamentary and individual rights. Lord Hope also comments, “Parliamentary sovereignty is no longer, if it ever was, absolute…step by step…the English of the absolute legislative sovereignty of Parliament is being qualified.” This shows that parliamentary sovereignty is undergoing natural constitutional change, it is being naturally qualified; irrespective of the HRA, thus there should be no ground to repeal the