Sources of constitutional law
Produced in partnership with Carl Gardner of Head of Legal
Sources of constitutional law

The following Public Law guidance note Produced in partnership with Carl Gardner of Head of Legal provides comprehensive and up to date legal information covering:

  • Sources of constitutional law
  • In brief
  • Prerogative powers
  • Constitutional conventions
  • Legislation
  • EU law and human rights law
  • Case law
  • Parliamentary sovereignty common law or political fact?

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In brief

The British constitution is unwritten in the sense that it does not derive from a single constitutional text. It has a variety of written and unwritten sources. In addition to the main written sources of law in England and Wales, legislation (which has also brought EU and human rights law principles into our constitution) and case law, constitutional law is derived from two additional unwritten sources: the prerogative, and constitutional conventions. In addition, according to one view the fundamental or predominant principle of our constitution, Parliamentary sovereignty, has its source in political fact rather than in law.

Prerogative powers

Historically, the law has recognised

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