Con and Ad Flashcards
The negative resolution procedure is a negative process.
Thus, unless either House rejects the draft of secondary legislation within 40 days of being laid, it will take effect.
SECONDARY LEGISLATION
The courts cannot strike down Acts of Parliament under the doctrine of parliamentary sovereignty. But because secondary legislation is passed by the government under the authority of Acts of Parliament, the courts can strike down secondary legislation.
‘Henry VIII powers’
The ‘Henry VIII powers’ are a source of secondary legislation. These powers enable the government to amend Acts of Parliament—usually in minor ways— through secondary legislation to facilitate an Act.
Ministerial obligs
Ministers must support government policy before Parliament and the public under the concept of unanimity, one of the elements of collective responsibility. If a minister feels they cannot meet this obligation, they must resign. Thus, (B) is incorrect. (A) and (D) are incorrect because ministers are obligated under collective responsibility, not individual responsibility, to support government policy before Parliament and the public. (A) is also incorrect because the minister must resign in this situation, not give an account.
A view has emerged that when there is a policy failure within a minister’s department, the minister must take responsibility, but when there is an operational failure, the minister must give an account (as well as take steps to ensure that the failure does not occur again).
Ministers may only be questioned on matters relating to their department. Further, certain categories of questions are not allowed.
MPs from all political parties may ask questions during PMQs, although remember that the Leader of the Opposition is entitled to six questions.
Written questions can be submitted to ministers at any time, and the relevant department is expected to provide a response within seven days.
Which UK institutions can exercise the prerogative power to enter a bilateral treaty?
The Executive has the authority to exercise the royal prerogative without authorisation from the Judiciary or Parliament. The Prime Minister has the power to make and ratify treaties alone. The other choices are incorrect because only the Executive has the prerogative power. (B) is also incorrect for the same reason, even though the treaty will be put to Parliament.
