Sources of constitutional law pdf

  • Sources of national law

    Acts of the UK Parliament: certain pieces of primary legislation enacted by the UK Parliament form a major source for aspects of the UK constitution..

How are the Constitution and the common law contextually construed?

way, the Constitution and the common law are contextually construed tional reasoning

Other examples can be traced from the constitutional provision on takings — the so-called takings clause of the Fifth Amendment

Such a provision is integrated by the common the common law that may provide the precise perimeter of the guarantees

What are the sources of constitutional law?

1

General → The Sources of constitutional law are legislation, common law, customary law and case law

→ An entrenched constitution which can be enforced by the courts as the highest law in which all other law and conduct must be applied with = created a continuous stream of case law in which constitutional law is applied

What is a non-legal source of the Constitution?

The principle non-legal source of the constitution are constitutional conventions which are binding on government Ministers and those in public office

Exam Consideration: Even with a written constitution, the sources of the constitution are varied

Some are legal rules and other sources are political rules

Sources of constitutional law pdf
Sources of constitutional law pdf

Uncodified national constitution

The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand.
Unlike many other nations, New Zealand has no single constitutional document.
It is an uncodified constitution, sometimes referred to as an unwritten constitution, although the New Zealand constitution is in fact an amalgamation of written and unwritten sources.
The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions.
There is no technical difference between ordinary statutes and law considered constitutional law; no law is accorded higher status.
In most cases the New Zealand Parliament can perform constitutional reform simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution.
There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum.

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