!!!!! consti Flashcards
who creates statutes?
Parliament- legistlature
who implements statutes?
executive- government ministers
can a judge override a provision of an act of parliament if it is deemed unjust in a certain situation?
NO- judges cannot override parliament- can only decide on the proper interpretation of an act
If Uk sign a treaty but then creates an act of parliament that goes against this- which takes precedence?
- act of parliament
- court is not bound to follow a treaty unless it has been enacted by uk parliament
- the treaty may be persuasive when the court is interpreting the act
if an act says ‘no future parliament may repeal this legislation’- can it be repealed?
yes- just needs to be passed and given royal assent
- cannot be bound by its successors
dicey theory of parl sovereignty
- parl can make or break any law
- no court can challenge the legality of an act of parliament
- no parl can bind a future parl
if a treaty affects domestic law- what must happen for it to be enforceable in the UK?
- terms of the treaty must also be laid before Parliament in the form of a Bill to bring the ban into domestic law
Do the courts have any role in making new law?
- where there is no relevant legislation, the courts can develop common law through new case law
if there is a court of appeal decision relating to a similar case on trial- is the court bound by that case?
no- it may be distinguishable from the court of appeal case- if you can establish a material difference in the facts or points of law in the court of appeal case then it may not be binding on the lower court
can a court depart from its own earlier decision?
YES- only happens rarely
no need for a unanimous decision
what is the ratio decidendi?
-A summary of the legal rule or principle relied on by the court in reaching its decision as set out in the judgment of each case.
does a solicitor have automatic rights of audience for coroners court?
yup
what is the effect of the Practice Statement upon the Supreme Court?
- it is able to depart from its own previous decision where it appears right to do so
what is the role of the House of Lords?
- can scrutinise and propose amendments to Bills
- House of Commons must then consider any amendments proposed
is there anything preventing the king from adding a new law?
- yes it is against constitutional convention
does Parliament have the power to pass an immoral law?
yes- they have the power to pass any law
does the PM have power to deploy UKs armed forces against the rogue state without reference to parliament?
yes, under the royal prerogative they can do this immediately
what does the term ‘rule of law’ mean?
The term does not refer to a set of rules but to a guiding principle regarding regulation of the powers of the state
can a royal family member be arrested
-yes because the law doesnt discriminate
- this doesnt apply to the monarch tho- they are immune
how can a solicitor advertise new services? to a) clients b) members of the public
a) can make unsolicited approach to former and current clients
b) cant make unsolicited approaches to members of the public
can a judge be dismissed for making decisions about a gov ministers wrongdoing?
Under the doctrine of the separation of powers, the judiciary is independent, and a judge cannot be dismissed other than for bad behavior or as a result of incapacity.
can a serving judge stand for election?
no- the danger of abuse of power would prevent her from standing= SEPARATION OF POWERS
how can a solicitor advertise services?
a solicitor may not make unsolicited calls/approach members of the public in relation to their legal services unless they are current or former clients.
can you claim for judicial review if sacked by a local authority (your employer) ?
The decision related to the local authority’s contractual relationship with an individual employee. It was therefore exercising its managerial powers rather than powers in relation to a public function and judicial review is therefore not the appropriate remedy