Skip to main content

UK Constitutional Law — Durham University notes | caselaw

Search Case Library Notes Exams Flashcards Quizzes Past Papers SQE

Notes/Durham University/UK Constitutional Law

UK Constitutional Law

UK Constitutional Law on the Durham University LLB Law (Year 1). The constitutional relationship between the citizen, Parliament, the executive and the courts — and the grounds on which government action can be challenged.

Sources and nature of the constitution

The UK constitution is best understood as a legal order shaped by history, statute, convention and judicial principle.

Theories of parliamentary sovereignty

Parliamentary sovereignty is the organising doctrine, but not a complete theory of constitutional authority.

Constitutional statutes and implied repeal (Thoburn)

Thoburn qualifies implied repeal without displacing the orthodox sovereignty of Parliament.

The rule of law — Bingham and after

Bingham’s account makes legality a constitutional discipline, not a decorative political aspiration.

Separation of powers

The British separation of powers is a discipline of restraint, not a geometry of sealed institutions.

Royal prerogative and Miller (Nos 1 and 2)

Prerogative power survives only where the common law and statute permit its use.

Devolution and the Sewel Convention

Sewel reveals the constitutional distance between legal sovereignty and territorial political obligation.

Human Rights Act 1998 — sections 3 and 4

Sections 3 and 4 preserve parliamentary sovereignty while arming courts with rights-sensitive constitutional remedies.

Common law constitutional rights

How the common law protects fundamental rights while preserving parliamentary legislative authority.

Constitutional conventions

Conventions are constitutional rules whose force is political, yet whose consequences are often legal.

Freedom of expression and assembly

Expression and assembly test the constitutional tolerance of dissent under legality, rights, and public order.

The changing constitution and reform

Reform has altered the constitution’s architecture without settling who may finally redesign it.

caselaw

AI-generated briefs should be verified against the source judgment. This tool is for educational purposes and does not constitute legal advice.

[email protected]

StudyCase Library Browse A–Z Notes Flashcards Quizzes Past Papers Practice exams Verify with Quill LNAT Guides Blog Topics Landmarks Doctrines

ToolsAll tools OSCOLA Case Finder Verify with Quill Glossary Statutes Court hierarchy LLB SQE1 Oxford BA By university

CaselawAbout Methodology How it works Pricing For universities For law firms FAQ Changelog Contact Press

TrustSecurity Accessibility Status Terms Privacy Acceptable use Refunds Sign up

JurisdictionsCanada United States Ireland Australia New Zealand Hong Kong Singapore South Africa

Used by Oxford law students·Powered by Anthropic AI·Cases from The National Archives·Payments by Stripe·GDPR Compliant

SQE revision content is produced by Caselaw independently. Caselaw is not affiliated with the SRA, Kaplan, or any official SQE provider. Refunds · Terms

© 2026 caselaw. All rights reserved.