Consti Flashcards
An Act of Parliament has given the Secretary of State the power to amend other Acts of Parliament by passing secondary legislation.
How is this power best described?
This power is best described as a Henry VIII power. If an Act of Parliament grants to the government the power to amend Acts of Parliament by passing secondary legislation, that power is known as a Henry VIII power
The Labour government has decided to introduce the Schools Inspectorate Bill. The Bill seeks to implement a policy which was not included in Labour’s manifesto at the last general election. The House of Lords has voted against the Bill.
What will be the constitutional position?
If the House of Commons passes the Bill again in the next session of Parliament and the House of Lords again rejects it, it can still be sent for Royal Assent (assuming enough time has passed between the successive sessions in the Commons).
This answer reflects the Parliament Acts 1911-1949, which allow a bill to become an Act of Parliament even if it has been rejected twice by the House of Lords.
The government has agreed a new international treaty with Australia.
What is the constitutional position regarding how the treaty can be ratified?
Before it can ratify the treaty, the government must lay the treaty before the House of Commons and House of Lords.
The power to ratify treaties is a royal prerogative power recognised by the common law. By passing an Act of Parliament, Parliament can either abolish or regulate how a royal prerogative power can be exercised, and Parliament has passed a statute requiring the government to lay a treaty before the House of Commons and the House of Lords, who then have 21 days to vote against the treaty.
The Prime Minister and the Cabinet have decided to commence military action in another sovereign state involving the deployment of 5,000 troops.
What will be the constitutional position?
The decision to deploy here is a royal prerogative power, but the consent of the House of Commons is required by constitutional convention.
The power to deploy the armed forces abroad is a prerogative power exercised by the Prime Minister, who consults the Cabinet. However, once the government has decided to deploy the armed forces, by constitutional convention, they are required to seek the approval of the House of Commons.
What is the doctrine of implied repeal?
Under the doctrine of parliamentary sovereignty, Parliament is not allowed to bind its successors.
This means that should two Acts of Parliament dealing with the same subject matter conflict, the courts are bound to give effect to the later Act of Parliament, as that is the latest expression of Parliament’s intention. This is known as the doctrine of implied repeal
What is the enrolled bill rule?
Under the Enrolled Bill Rule, all the courts can do when faced with a challenge to the validity of an Act of Parliament is to check the parliamentary roll to determine whether the bill in question has or has not been passed by Parliament.
If the bill has been passed by Parliament and received the Royal Assent, then the courts must give effect to it. The courts cannot investigate the procedure by which the bill was enacted by Parliament
What are limited rights?
Limited rights under the ECHR are rights that can be restricted only under the circumstances described in the ECHR article itself
Prior to Brexit, Members of the Scottish Parliament expressed dissatisfaction with EU law governing agriculture. Thus, in 2021, the Scottish Parliament decides to repeal all retained EU law that relates to agriculture. Agriculture is within the legislative competence of the Scottish Parliament, and the UK government has not passed any regulations barring the Scottish Parliament from amending or repealing retained EU law on this subject.
Which of the following best explains the legality of the Scottish Parliament’s action?
The devolved legislatures can amend or repeal retained EU law that falls within their legislative competence, unless this has been explicitly prohibited by the UK government.
Here, the Scottish Parliament has repealed retained EU law concerning a subject within its legislative competence, agriculture, and it has not been prohibited from doing so by government regulations. Thus, the repeal is valid
The UK Parliament wishes to legislate to change the structure of local government across the UK, including Scotland. However, in Scotland, local government is a devolved matter, to be decided by the Scottish Parliament. The UK government has sought the consent of the Scottish Parliament for the legislation, but the Scottish Parliament has refused to give its consent.
Legally, can the UK Parliament proceed with the legislation?
The UK can proceed with legislation because the UK Parliament retains the power to legislate for Scotland.
Ultimately, parliamentary sovereignty means that the UK Parliament can make or unmake any law. This means that the power to legislate for Scotland remains unchanged by devolution, even if the Scottish Parliament refuses permission for the UK Parliament to legislate on a matter devolved to the Scottish Parliament
The government has agreed a new international treaty with Singapore. The government has laid the treaty before both the House of Commons and the House of Lords. After 14 days, the House of Commons voted against ratifying the treaty.
What are the options available to the government?
The government can explain to Parliament why they still wish to ratify the treaty, and the House of Commons can hold a second vote. The power to ratify treaties is a royal prerogative power, but is regulated by a procedure laid down in statute. Ordinarily, the treaty is laid, with either House of Parliament having 21 days to vote against the treaty.
If a House votes against ratifying and the government still wants the treaty ratified, it can explain to Parliament why, and then the House of Commons has a further 21 days to vote against ratifying the treaty
Can the Parliament legislate on devolved issues?
Yes, it can.
Even w/o the consent of the devolved legislature (limitations of the Salisbury convention)
What is the time limit for a judicial review?
3 months from the date of the decision being communicated to the Claimant (prompt in nay case)
6 weeks for challenging planning decisions
A man has been dismissed from his employment at a bank because of his religion. As a result, he brings a claim against the bank under Section 6 of the Human Rights Act 1998. In the claim, the man contends that his firing violates Article 9 (Freedom of Thought, Conscience, and Religion) and Article 14 (Prohibition of Discrimination) of the European Convention on Human Rights (‘ECHR’). The bank applies for a dismissal of the case.
How is the court most likely to rule on the bank’s motion?
The court should grant the application because the claim does not satisfy the criteria under HRA Section 6. Section 6 claims may be brought only against a public authority, and here the bank is not a public authority.
A bill in the Scottish Parliament (the ‘Bill’) has just completed all of its stages, but it has not yet received the Royal Assent. A minister within the Scottish government has expressed concerns that the Bill may be outside the legislative competence of the Scottish Parliament, and therefore wants the Bill to be referred to the Supreme Court to rule on that question.
Who can make this reference?
The Advocate General for Scotland, the Attorney General, and the Lord Advocate
Where can police apply to ban trespassory assemblies?
if in London: Home Secretary
If outside London: local council
