Ch 6: Parliamentary Sovereignty

Question 1

What are the 3 elements of Parliament?

Answer 1

House of Commons
House of Lords
The Monarch

Question 2

What are the main functions of parliament?

Answer 2

• scrutinizing the work of government
• passing legislation
• debating key issues
• approving funding necessary for the government
• providing the personnel for government

Question 3

How may an MP be recalled outside of elections?

Answer 3

A recall petition if:

• The MP is convicted of an offense and receives a custodial sentence
• following a report from the committee on standards, the MP is suspended for at least 10 days
• the MP is convicted of providing false or misleading information for allowances claims

Question 4

What is the maximum life of a Parliament?

Answer 4

5 years

Question 5

What are the two forms of Public Bills?

Answer 5

• Government Bills submitted as part of the Govts Legislative Programme
• Private Members Bills introduced by non-government ministers and unlikely (though not impossible) to become law

Question 6

What was the purpose of the Parliament Acts of 1911 and 1949

Answer 6

To restrict the power of House of Lords to block legislation and confirm the primacy of the Commons

Question 7

What is the Salisbury Convention?

Answer 7

A constitutional convention that the Lords will not reject a bill giving effect to a major part of the Govts manifesto

Question 8

What are the two conditions for the Monarch to assent to a bill that has not passed the Lords?

Answer 8

• A money bill (Tax and supply) can be presented to the Monarch one month after being sent to the Lords
• Other public bills passed by the commons and rejected by the Lords can be sent to the Monarch for assent after 1 year from the 3rd reading.

Question 9

What are the two ways of approving a delegated instrument?

Answer 9

Affirmative Resolution - the instrument cannot come into effect unless one or more house passes a resolution approving it

Negative Resolution - the Govt must annul the instrument if either house passes a resolution rejecting the instrument within a specified period

Question 10

What are the 3 elements of Dicey’s definition of Parliamentary Sovereignty?

Answer 10

1) Parliament is the supreme law making body and may enact or repeal laws on any subject

2) No parliament may be bound by a predecessor or bind a successor

3) No other person (particularly a court of law) may question the validity of an act of parliament

Question 11

What is the Enrolled Act rule?

Answer 11

Once an Act of Parliament has been entered onto the Parliamentary roll, the courts will not question the validity of that act or declare it to be void

Question 12

Can statute override international law?

Answer 12

Yes - treaties and agreements made internationally are not binding on domestic policy and can be overridden

Question 13

Does statute override the constitution?

Answer 13

Yes - both constitutional convention and actual constitutional legislation can be overriden

Question 14

Can statute operate retrospectively?

Answer 14

Yes! E.g Burma Oil v Lord Advocate

Question 15

What is the difference between express repeal of a law and implied repeal?

Answer 15

Express repeal is an act of parliament to remove an older law.

Implied repeal is where a new parliament passes an act which contradicts an earlier one. Here, the more recent act takes precedence.

Question 16

What limitations exist on Parliamentary Supremecy?

Answer 16

• Acts of Union
• Devolution and Devolved Powers
• Acts of Independence
• Limits on the doctrine of implied repeal
• European Limitations

Question 17

What limits exist on the doctrine of implied repeal?

Answer 17

Cannot apply to statutes judged to be “constitutional”

Question 18

What is the test for a statute to be judged constitutional?

Answer 18

A) Must condition the legal relationship between citizen and state
B) The statute must change the scope of fundamental constitutional rights

E.g The Scotland Act

Question 19

What is the primary source of EU law?

Answer 19

The EU treaties

Question 20

What are the 4 types of EU secondary legislation?

Answer 20

• Regulations (Directly applicable and binding)
• Directives (binding but require domestic implementation)
• Decisions (directly binding on those they address)
• Recommendations (not binding)

Question 21

What are the main privileges of parliament?

Answer 21

• Free Speech
• The right to control its own composition and procedures

Question 22

What is the consequence of the parliamentary privilege of freedom of speech?

Answer 22

MPs and Lords have immunity from legal proceedings when engaged in proceedings in parliament.

Question 23

Does Parliamentary Priviledge cover ancillary matters?

Answer 23

Yes so long as those words or actions are of necessity connected to the proceedings of parliament

Question 24

Are parliamentary papers and reports covered by parliamentary privilege?

Answer 24

Yes

Question 25

Does parliamentary privilege apply to discussion between MPs and constituents?

Answer 25

Only if it involves discussion of proceedings in parliament

Question 26

Can Parliament punish its members?

Answer 26

Yes via Contempt of Parliament

In 2018, Parkiamnet voted to hold the Govt in contempt. Unclear what controls be though.

Question 27

Does Parliamentary Privilege remove any liability under criminal proceedings?

Answer 27

No. Members can still be investigated and prosecuted for criminal behavior or activity to the extent this does not impugn their right to free speech or control its own procedures.