Consti Flashcards
fixed term parliaments act 2011
- dissolution put onto statutory footing
- 5 year term max
- an end to the prerogative power? NOPE replaced by dissolution and calling of parliament act 2022
prerogative powers examples
- appointment and dismissal of ministers
- power of mercy- Alan Turing
- royal assent needed to make a bill a law
- power to summon, dissolve and prorogue parliament
constitutional reform and governance act 2010
prerogative power of management of the civil service was put onto a statutory footing
- but reform never really happens
independent review of admin law
there should be caution in any attempts to limit the judiciary’s powers
montesquieu
SOP intended to guard and preserve liberty
- major institutions should be divided and dependent on each other so one power will not be able to exceed that of the others
exec, judiciary, legislature
- exec- power to enforce law- cabinet/police
- judiciary- power to adjudicate- SC
- leg- power to make law- parliament
wade
pure separation- no overlap of personnel, function or interference
E and L personnel overlap
MPs must be members of HOL OR HOC, PM must be member of HOC
- lord halisham- elective dictatorship
E and L function overlap
- secondary/delegated legislation- laws and regs made by gov depts (e) under the authority of an act of P (L)- eg lockdown regs
- Henry 8th clause- a clause that allows E to repeal/amend a statute without scrutiny from L
e and l controls
- parliament act 1949- reduced power of HoL can only delay the passing of bills by a year, not veto them
- vote of no confidence- hoc can call for a vonc in gov- but not a great control because if gov has a large majority it is unlikely to lose
e and J- personnel
AG- member of both- Dominic Cummings driving to durham- ag said he did nothing wrong- favouritism?
e and j function
judges as chairmen of tribunals of inquiry- phone hacking- issues, judges may be scared to criticise the gov
e and j- controls
not really any, GCHQ case- sets out the test for which areas of E and judicable and where they need to hold back
l and j- personnel
HOL used to be the highest domestic court but the SC was made to remedy this
L AND J CONTROLS
- sub judice resolution
- ups cant discuss matters awaiting adjudication
l and j functions
parliamentary privilege
- judges as lawmakers- Shaw v DPP- convicted of conspiracy to corrupt public morals despite there not being a statutory offence
- p has the power to regulate its own internal composition and structure- art 9 bill of rights
e, l, j personnel and reform
- personnel- king is head of all of them
- reform- Lord chancellor used to be part of them all until Constitutional Reform Act 2005- also means LC and gov ministers aren’t allowed to influence judicial decisions
1 body that monitors and enforces the provisions of the ECHR
- European court of human rights
ECHR who it applies to and admissibility criteria
- anyone within the territory of the state which has ratified the echr- not dependent on nationality or status- article 1
- article 35- admissibility criteria
- all domestic remedies have been exhausted
- within 6 months from final decision date
- won’t deal with something anonymous
airey v ireland
- victim of domestic violence
- couldn’t afford a divorce lawyer so art 6 infringed
Tyler v uk
- birched at school for assaulting a pupil
- inhuman and degrading punishment in breach of art 3
- living instrument- breached because of current circs
types and classification of echr rights
- unconditional- no conditions- right to life
- conditional- certain defined limitations- right to liberty
- qualified
- is there an infringement of the right
- is the infringement prescribed by law
- is the restriction imposed for one of the specified aims in the article
- is the restriction necessary in a democratic society
handyside v uk
little red schoolbook
might deprave and corrupt some readers
prosecuted
- no violation of the right to freedom of expression because it wasnt necessary
sunday times v uk
test for necessary
- was the interference PROPORTIONATE to the legitimate aim pursued
- did the interference correspond to a PRESSING SOCIAL NEED
- were the reasons given by the national authority “RELEVANT AND SUFFICIENT”