Constitutional legislation in the UK | Practical Law

Constitutional legislation in the UK | Practical Law

This note explains what is meant by constitutional legislation in the UK and discusses the traditional view of the constitution as a body of law and conventions. It analyses the High Court's recognition of a separate class of statute in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin) and constitutional legislation post-Thoburn, including the Supreme Court's analysis in Re Allister [2023] UKSC 5. It also explains how constitutional legislation can be distinguished from prerogative legislation and embedded legislation.

Constitutional legislation in the UK

Practical Law UK Practice Note 9-517-6419 (Approx. 12 pages)

Constitutional legislation in the UK

by Daniel Greenberg CB, Parliamentary Commissioner for Standards and Practical Law Public Sector
Maintained • United Kingdom
This note explains what is meant by constitutional legislation in the UK and discusses the traditional view of the constitution as a body of law and conventions. It analyses the High Court's recognition of a separate class of statute in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin) and constitutional legislation post-Thoburn, including the Supreme Court's analysis in Re Allister [2023] UKSC 5. It also explains how constitutional legislation can be distinguished from prerogative legislation and embedded legislation.