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FLK1: English Legal System + Admin Law > 3): Constitutional and Administrative Law > Flashcards

3): Constitutional and Administrative Law Flashcards

1
Q

What are the three main parts of Parliament?

A

House of Commons, House of Lords, and the Monarch.

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2
Q

What are the functions of Parliament?

A

Enact legislation.

Provide government (the Executive).

Scrutinise the Executive.

Represent the people.

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3
Q

What Act repealed the Fixed-term Parliaments Act 2011?

A

Dissolution and Calling of Parliament Act 2022.

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4
Q

How is the House of Commons different from the House of Lords?

A

Commons = Elected, forms government.

Lords = Unelected, revises legislation, has limited power over financial bills.

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5
Q

What are the four key principles of parliamentary sovereignty?

A

Parliament can make/repeal any law.

No one can override Parliament’s laws.

No Parliament can bind a future Parliament.

Only Parliament can make UK laws.

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6
Q

What is the Enrolled Bill Rule?

A

Once an Act has passed both Houses & Royal Assent, courts cannot question its validity.

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7
Q

What limitations exist on Parliamentary Sovereignty?

A

Acts of Union (e.g., Scotland 1706-07).

Devolution (Scotland, Wales, NI).

Grants of Independence (former colonies).

Rule of Law (courts may prevent unlawful legislation).

EU Law (prior to Brexit).

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8
Q

What are Henry VIII Powers?

A

Powers allowing ministers to amend laws without full parliamentary approval.

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9
Q

Who makes up the UK Government?

A

Prime Minister (head of government).

Ministers of the Crown.

Civil Service.

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10
Q

What mechanisms hold the government accountable?

A

PM’s Question Time (weekly).

Debates on policy.

Select Committees (MP-led scrutiny).

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11
Q

What is the structure of the UK in terms of devolution?

A

The UK is a unitary state, but Parliament has devolved legislative powers to:

Scottish Parliament

Welsh Parliament (Senedd Cymru)

Northern Ireland Assembly

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12
Q

Can the UK Parliament revoke devolution?

A

Yes, under Parliamentary Sovereignty, Westminster can revoke devolved powers at any time.

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13
Q

What are reserved matters?

A

Areas where only Westminster can legislate, including:

Constitutional matters

Foreign policy & defence

Immigration

Financial services & pensions

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14
Q

What powers does the Scottish Parliament have?

A

Can legislate on health, education, civil & criminal law, and local government

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15
Q

What can’t the Scottish Parliament legislate on?

A

Matters outside Scotland.

Laws conflicting with the European Convention on Human Rights (ECHR).

Reserved matters (e.g., defence, foreign policy).

The Scotland Act 2016,
Human Rights Act 1998, EU (Withdrawal) Act 2018.

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16
Q

Does Scotland have a separate legal system?

A

Yes, Scotland has its own distinct legal system separate from England & Wales.

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17
Q

What can’t the Welsh Parliament legislate on?

A

Matters outside Wales.

Laws conflicting with ECHR.

Reserved matters (e.g., foreign policy, defence).

Government of Wales Act 2006, Human Rights Act 1998, EU (Withdrawal) Act 2018.

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18
Q

Does Wales have a separate legal system?

A

No, Wales follows the same legal system as England.

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19
Q

What can’t the Northern Ireland Assembly legislate on?

A

Matters outside Northern Ireland.

Laws conflicting with ECHR.

Expected matters (e.g., international relations, defence, immigration).

Reserved matters (e.g., broadcasting, consumer safety, firearms & explosives).

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20
Q

How does Northern Ireland’s legislative power differ?

A

Unique power-sharing system due to historical conflicts.

Some decisions require cross-community agreement.

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21
Q

What is the Sewell Convention?

A

Westminster will not normally legislate on devolved matters without consent from Scotland, Wales, or Northern Ireland.

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22
Q

Does the Sewell Convention legally bind Westminster?

A

No, as it does not affect Parliamentary Sovereignty, the UK government can override devolved legislatures.

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23
Q

What type of monarchy does the UK have?

A

constitutional monarchy, where the Monarch is head of state but power is exercised by Parliament & the Government.

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24
Q

What are the Monarch’s key roles?

A

Symbolic head of state.

Formal head of government (referred to as “The Crown”).

Constitutional head of the judiciary.

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25
Does the Monarch participate in politics?
No, all government decisions are made by MPs and Ministers.
26
What powers does the Monarch still exercise?
Appoints the Prime Minister (on advice from Parliament). Grants Royal Assent (formal approval of laws). Meets with the Prime Minister weekly. Has the right to be consulted, warn, and advise but must act on ministerial advice.
27
What are the Monarch’s three key roles in government?
The Executive – Head of State, appoints the Prime Minister, grants honours, signs state papers, conducts foreign affairs. The Legislature – Summons and dissolves Parliament, grants Royal Assent to bills, appoints Parliamentary officers. The Judiciary – Head of the judiciary, appoints judges (but cannot act in judicial cases).
28
Can the Monarch refuse Royal Assent to a bill?
No, by constitutional convention, the Monarch must approve any bill passed by Parliament.
29
What are the Monarch’s privileges & immunities?
Cannot be legally sued or prosecuted. Courts have no jurisdiction over the Monarch. Cannot be compelled to testify in court.
30
What are constitutional conventions?
Non-legal rules that govern constitutional behaviour but are not legally enforceable.
31
Are constitutional conventions binding?
Yes, they are considered binding in practice, but courts do not enforce them.
32
What are key examples of constitutional conventions?
The Monarch plays no active role in government. The Monarch cannot refuse Royal Assent. The PM must command a majority in the House of Commons. Ministers are responsible for departmental administration & conduct.
33
What is Collective Cabinet Responsibility?
If a government loses a vote of no confidence, the Cabinet must resign. Cabinet members must publicly support government policy or resign. Cabinet discussions remain secret.
34
How can a constitutional convention become law?
Only if codified into statute by Parliament.
35
What is Prerogative Power?
The residual discretionary powers of the Monarch, exercised by the government without requiring Parliament’s approval.
36
What are key examples of Prerogative Powers?
Declaring war & deploying armed forces. Recognising foreign states & making treaties. National security & intelligence matters. Granting pardons & honours. Appointing/dismissing the Prime Minister. Summoning/dissolving Parliament. Setting up public bodies (e.g., BBC).
37
Do Acts of Parliament override Prerogative Powers?
Yes. If a statute covers the same area as a prerogative power, the statute takes precedence.
38
Can Prerogative Powers be revived?
Yes, if a statute repealing them is itself repealed, Prerogative Powers can return.
39
Can a Prerogative Power override statutory law?
no
40
Can Prerogative Powers be subject to judicial review?
Yes, following the GCHQ case, courts can review most prerogative powers for illegality, irrationality, or procedural impropriety.
41
Which Prerogative Powers are not subject to judicial review?
Powers over highly political matters, including: Making/unmaking treaties Defence & national security Dissolution of Parliament Appointment of ministers
42
Which Prerogative Powers can be judicially reviewed?
Powers that affect individual rights, such as: Passports & immigration Government contracts Granting pardons
43
How do constitutional conventions regulate Prerogative Powers?
Conventions limit the Monarch’s legal powers without needing major constitutional change, ensuring: Government accountability to Parliament. Clear separation of powers between the Executive, Legislature, and Judiciary.
44
What is Parliamentary Privilege?
Legal immunity granted to MPs, Lords, and officials so they can perform duties without external interference.
45
What are the two key privileges of Parliament?
Freedom of Speech – MPs & Lords cannot be sued for statements in Parliament. Exclusive Cognisance – Parliament controls its own procedures, conduct, and discipline. Courts cannot interfere.
46
Can Parliamentary Privilege be challenged in court?
No.
47
What are the three key principles of the Rule of Law?
Everyone, including the Government, must obey the law. Citizens must have equal access to justice. Laws must be clear, predictable, and not applied retrospectively.
48
How does the Judiciary protect the Rule of Law?
By ensuring: Government cannot abuse power arbitrarily. Due process & personal liberty are upheld.
49
What is the Separation of Powers?
principle that no single body (Executive, Legislature, Judiciary) should have total power, preventing tyranny.
50
Does the UK have a strict Separation of Powers?
No, due to its unwritten constitution, but: Judges are independent from Government. Ministers are part of both the Government & Parliament.
51
How is the Executive (Government) checked by the Legislature (Parliament)?
House of Commons (Disqualification) Act 1975 – Limits the number of ministers in Parliament. Parliamentary scrutiny – PMQs, Select Committees, Debates. Cabinet Responsibility – Ministers must resign if they fail their duties.
52
How is the Judiciary protected from Government influence?
Constitutional Reform Act 2005 – Guarantees judicial independence. Judicial Appointments Commission – Ensures fair appointment of judges. Security of tenure – Judges cannot be removed except by a Parliamentary vote.
53
How does Parliament maintain independence from the Judiciary?
Judges cannot be MPs. Judges cannot be sued for decisions. "Sub judice" rule – Parliament cannot discuss cases actively being heard in court.
54
What is Delegated Legislation?
Laws made by Government ministers, local authorities, or public bodies under Parliament’s authority: statutory instruments orders in council
55
How is Delegated Legislation scrutinised?
Affirmative Resolution – Parliament must approve before it becomes law. Negative Resolution – Automatically becomes law unless Parliament rejects it within 40 days.
56
What is Express Repeal?
A later Act of Parliament explicitly repeals an earlier law.
57
What is Implied Repeal?
A later Act automatically overrides an earlier one if they conflict.
58
What does the Public Order Act 1986 regulate?
Police powers over: Protests & demonstrations (processions & assemblies). Public gatherings that could cause disorder.
59
What are the three key police powers regarding public processions?
Advance Notice: 6 days' notice required for processions unless impractical. Imposing Conditions: Police can impose conditions if there’s a risk of disorder, property damage, or intimidation. Banning Processions: Can be banned for up to 3 months with Home Secretary's consent.
60
Can police ban public assemblies under the Public Order Act?
No, but they can impose conditions
61
What is Breach of the Peace?
A common law power allowing police to prevent violence or threats of violence.
62
What powers do police have for Breach of the Peace?
They can: Arrest and detain individuals. Ban processions. Disperse assemblies. Enter private premises without a warrant.
63
What is Judicial Review?
legal process where courts ensure the Executive acts within legal limits and doesn’t abuse power.
64
What are the four main grounds for Judicial Review?
Illegality: Acting beyond legal powers. Irrationality: A decision no reasonable body would make. Procedural Impropriety: Failing to follow correct procedures. Legitimate Expectation: Breaking a public body’s promise.
65
What key tests determine if a body is subject to Judicial Review?
Source of Power Test – Is the power derived from statute/prerogative? Nature of Power Test – Does it perform a public function? sufficient interest test - claimants must show that they are directly affected/ claim raises issues of public interest
66
What is the time limit for bringing a Judicial Review claim?
3 months from the decision date (6 weeks for planning cases, 30 days for public procurement cases).
67
What are the two types of remedies in Judicial Review?
Prerogative Remedies: Quashing orders, mandatory orders, prohibitory orders. Non-Prerogative Remedies: Declarations, injunctions, damages.
68
What is a quashing order?
Cancels a decision and requires the public body to remake it properly.
69
What is a mandatory order?
Forces a public body to fulfill a legal duty.
70
What is a prohibitory order?
Prevents a public body from acting unlawfully.
71
Can Judicial Review grant damages?
Yes, but only if private law rights have been affected.
72
Are Judicial Review remedies automatic?
No, they are discretionary – granted only if in the public interest.
73
What is Irrationality in Judicial Review?
When a decision is so unreasonable that no sensible person could have made it (Wednesbury unreasonableness).
74
Give examples of Procedural Impropriety.
Failing to consult affected parties. Denying a fair hearing. Showing bias in decision-making.
75
What is Legitimate Expectation in Judicial Review?
When a public body breaks a promise that people relied on.
76
What did the Human Rights Act 1998 do?
Incorporated most ECHR rights into UK law.
77
Who can bring a claim under the HRA 1998?
Only a victim directly affected by a rights violation.
78
What does s.2 HRA say?
UK courts must "take into account" judgments of the European Court of Human Rights (ECtHR).
79
What does s.3 HRA require?
Legislation must be read compatibly with Convention rights "so far as possible".
80
What must ministers do before introducing new legislation?
State whether the bill is compatible with Convention rights.
80
What does s.4 HRA allow?
Courts can declare legislation incompatible with Convention rights.
80
What does s.6 HRA prohibit?
Public authorities (including courts) acting in a way that breaches Convention rights.
81
What is Retained EU Law?
EU law kept in UK law after Brexit.
81
What does s.7 HRA specify?
Only victims of a rights breach may bring a claim.
82
What did the Retained EU Law (Revocation and Reform) Act 2023 do?
Changed Retained EU Law to “assimilated law,” removed supremacy of EU law, and allowed UK courts to depart from retained case law.
82
What does s.8 HRA provide?
Courts may award damages for a breach of Convention rights.
83
Can the UK government modify Retained EU Law?
Yes, it can amend or remove it using secondary legislation.
83
What does s.10 HRA permit?
Government may amend laws via "remedial order" if ECtHR finds UK law incompatible.
84
What is the role of the Court of Justice of the EU (CJEU) post-Brexit?
UK courts are no longer bound by CJEU decisions but may consider them.
84
What does Art. 2 ECHR protect?
Right to life (state must protect and investigate deaths).
85
What does Art. 3 prohibit?
Torture, inhuman or degrading treatment.
86
What does Art. 4 prohibit?
Slavery and forced labour.
87
What does Art. 5 protect?
Right to liberty and security.
88
What does Art. 6 guarantee?
Right to a fair trial.
89
What does Art. 7 ensure?
No punishment without law.
90
What does Art. 8 protect?
Right to private and family life.
91
What does Art. 9 protect?
Freedom of expression.
92
What does Art. 11 protect?
Freedom of assembly and association.
93
What does Art. 12 protect?
Right to marry.
94
What does Art. 14 prohibit?
Discrimination in the enjoyment of Convention rights.
95
What rights do the protocols to the ECHR add?
Protocol 1, Art. 1 – Protection of property Protocol 1, Art. 2 – Right to education Protocol 1, Art. 3 – Right to free elections Protocol 13 – Abolition of the death penalty
96
What is "Retained EU Law"?
EU law kept in UK law after Brexit via the European Union (Withdrawal) Act 2018.
97
What change was made by the Retained EU Law (Revocation and Reform) Act 2023?
Retained EU law renamed "assimilated law". Special EU status and supremacy removed. Greater power for UK courts to depart from retained EU case law.
98
What is the effect of the 2023 Act on legislation?
Interpretation must now ignore EU-specific features. Retained EU law can be amended by secondary legislation. Opens legal uncertainty

FLK1: English Legal System + Admin Law (3 decks)

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