Const Flashcards
What is required to repeal devolution?
Act of parliament and a referendum of Welsh/Scottish people
Equality act 2010 protects against discrimination based on:
Sex, sexual orientation or gender reassignment
Race
Disability or age
Religion or belief
Marital or partnership status and
Pregnancy or maternity
What does it mean for the UK constitution to be “uncodified”?
It lacks a single document called the constitution
What does it mean that the uk constitution is not entrenched?
It does not have higher status than other law
Parliamentary sovereignty means acts of parliament are the highest source of law
What is the the Ram Doctrine?
“Third Source Powers”
Gives the government the power to carry on ordinary business of government which aren’t explicitly authorised by statute or royal prerogative
Powers that are incidental to statute or royal prerogative
‘Asymmetric’ devolution
Because the extent of devolution differs for each nation
Enrolled bill rule
Courts don’t question the validity of legislation
If act has been granted Royal Assent, courts need to give effect to it
Courts don’t consider parliamentary process, will give effect to legislation even if there was procedural irregularity
Salisbury Convention
If a bill is implementing a manifesto commitment, HoL will grant a second reading and not otherwise block it.
HoL will reserve the right to make amendments at later stages of the process
Parliament Acts 1911-1949
Suspensory Veto
If HoL blocks a piece of legislation already passed by HoC, then blocks it again in the next session after HoC reintroduces and passes it again, still sent to Monarch for royal assent
So HoL can only delay rather than block/veto a bill completely
1 year needs to have elapsed between being granted 2nd reading in first session and 3rd reading in second session
Parliamentary privilege
MPs and peers cannot be challenged in court for something said in parliament
Sub Judicie rule
MPs and peers do not refer to cases currently before courts in debates
Cardinal Convention
Monarch always acts on advice of ministers
Never makes public statement showing any disagreement
In return, the monarch has the right to be consulted, encourage and warn the govt
Carltona Doctrine
Powers granted to Sec of State can be exercised by civil servants
SoS can still be held accountable
Sewel Convention
If UK govt wants to legislate on devolved matter, normally ask for consent of the nation
However ‘normally’ means that they are not bound to. So if permission refused UK can still pass it
Time limits for bringing JR
Promptly but no later than 3 months after issue arose
Exception: challenging planning decision must be brought within 6 weeks of date of decision
Standing for JR
Sufficient interest
Reviewed at permission stage
Association: responsible, well resourced, has expertise and/or unlikely to be an alternative
Grounds for JR
Illegality
Procedural impropriety
Unreasonableness
Breach of legitimate expectations
Elements of illegality (JR)
Error of law
Specific legal duty
Unlawful delegation of power
Irrelevant considerations
Ultra vires
Ouster clause
Clause in statute saying that decisions made under the section cannot be challenged/questioned in court
Attempt to oust jurisdiction of the court
Interpreted by courts as no “legally valid” decision can be questioned in court
—>courts can still determine whether decision was made lawfully - whether the action was legal through JR
JR grounds for procedural impropriety
Mandatory/direct requirements
Imposed by common law:
Right to be heard
Rule against bias
Duty to consult
Duty to give reasons
Henry VIII powers
Government power to amend primary legislation
In practice, to make minor amendments but if used more widely become controversial re: separation of powers
Who can commit criminal offence re: tresspassory assembly
Anyone who organises, participates in or incites others to participate in TA they know is banned
Police can stop anyone they reasonably believe to be on their way to TA which has been banned and direct them not to attend- failure to comply is an offence
Limited right
Limited only as provided in the article itself
art 5 and 6: liberty and security, fair trial
EU regulations
Direct EU legislation —> assimilated direct legislation
EU Treaty provisions
Directly effective EU law —> repealed at end of 2023
EU directives
EU-derived domestic legislation
