Consti: EXTRA

Question 1

Can a minister to exercise power in a way which is inconsistent with statute?

Answer 1

No, it would be a breach of prerogative power due to Parliamentary Supremacy.

Question 2

What is the sub judice rule?

Answer 2

Formal law of parliament preventing members of the executive and legislature from commenting on ongoing court proceedings
Example of parliaments exclusive cognisance

Question 3

How can prerogative powers be abolished?

Answer 3

Statute

Question 4

If a statute and prerogative power come into conflict, which will prevail

Answer 4

Statute

Question 5

Can new prerogative powers be created?

Answer 5

No

Question 6

Can prerogative powers be used to set up a compensation scheme in the absence of authority from statute

Answer 6

Yes subject to Parliament voting the necessary funds as cant use prerogative powers to authorise expenditure

Question 7

Consequences of breaching collective cabinet responsibility

Answer 7

Constitutional convention so no legal sanction
May be a political sanction

Question 8

What is collective cabinet responsibility vs individual ministerial responsibility

Answer 8

Constitutional conventions:
* Collective cabinet responsibility: dont criticise gov in public
* Individual ministerial responsibility: a minister who has made a grave error should resign

Question 9

How can money bills be passed through parliament without the consent of the lords

Answer 9

Monarch can assent to a money bill within one month of the House of Lords reading a bill, even if they do not consent to it.

Question 10

When can a constitutional statute be repealed?

Answer 10

Expressly
OR express wording in new statute that makes clear Parliament intended to repeal the statute

Question 11

What is the Sailsbury convention

Answer 11

House of Lords must pass bills which gives effect to a major part of the elected government’s manifesto.

Question 12

What are Henry VIII powers?

Answer 12

May be contained within an AoP
Allow Gov to amend or repeal primary legislation via delegated legislation, without reference back to Parliament

Question 13

What is the Sewel convention

Answer 13

Parliament should not usually pass legislation relating to devolved matters without the consent of the devolved legislatures.

Question 14

What does parliamentary privilege include?

Answer 14

1. Freedom of speech-civil immunity for proceedings in parliament/necessity connected to them
2. Exclusive cognisance-control own proceedings/rules/breach (EXCEPT expenses claims)

Question 15

If an act of the Senedd could be read as being outside or inside the Senedd’s legislative competence, what should it be interpreted as?

Answer 15

Inside its competence

Question 16

What matters are reserved to Westminster?

Answer 16

1. Benefits
2. Social security
3. Constitution
4. Defence
5. Foreign affairs

Question 17

Devolution: what are the types of matters in terms of Northern Ireland?

Answer 17

1. Excepted matters: will always remain UK parliament responsibility
2. Reserved matters: Currently UK parliament responsibility but NI assembly may ask to be transferred
3. Transferred matters: Everything not excepted/reserved

Question 18

Does the government need parliamentary approval before taking military action when the UK isnt directly at risk and the armed forces would be used militarily?

Answer 18

Taking military action is a prerogative power BUT Cabinet Manual states that the government has acknowledged that a convention has developed that the House of Commons should have an opportunity to debate the matter before military action is taken
EXCEPT where an emergency exists and such action would not be appropriate

Question 19

When can senior judges be dismissed?

Answer 19

by the monarch only following a vote of both Houses of Parliament.

Question 20

Is the Royal Prerogative exercised in the making of treaties currently reviewable by the judiciary?

Answer 20

No

Question 21

JR grounds: what are the 8 heads of illegality?

Answer 21

1. Acting without legal authority
2. Rules against delegation
3. Fettering discretion
4. Using powers for improper/unauthorised purpose
5. Dual purposes
6. Taking account of irrelevant considerations/Not taking account of relevant considerations
7. Errors of law
8. Errors of fact

Question 22

JR grounds: What is the Carltona principle? and another exception

Answer 22

Decision making powers given by parliament cant be sub delegated except by government ministers to civil servants within their department
OR to a local authority committee

Question 23

JR grounds: What is the fettering of discretion?

Answer 23

1. Acting under the dictation of another
2. Applying general policy as to exercise of discretion in too strict a manor

Question 24

When can damages be awarded in a JR claim?

Answer 24

1. C seeking another relief
2. AND C has a civil claim (priv law course of action/breach of convention right) where damages could have been awarded

Question 25

JR: Does a decision maker have to give reasons for a decision?

Answer 25

No general duty to give reasons BUT must when:
1. Subject matter is important eg. personal liberty
2. Decision appears aberrant (so can understand decision) (ie decision ‘cries out for an explanation’)

Question 26

Can acts of the devolved legislatures be challenged on common law grounds such as irrationality?

Answer 26

No

Question 27

What did Lord Hailsham mean when he described the United Kingdom’s government as being an “elective dictatorship”?

Answer 27

Aassuming the Executive has a majority in the House of Commons, the Executive has control of the legislative agenda, will be able to pass legislation it wishes to pass (unless there is a mutiny by the Executives’ own MPs) and the public cannot remove the Executive from office.

Question 28

Who is the Lord Chancellor?

Answer 28

No longer the head of the judiciary, and instead is a ceremonial title for the Secretary of State for Justice, part of the executive.

Question 29

What is Diceys ‘traditional’ definition of the rule of law?

Answer 29

1. Supremacy of regular law rather than arbitrary power
2. No one is above the law
3. General principles of constitution as a result of normal judicial decisions

Question 30

What is Lord Bighams 8 subjudice rules of the RoL?

Answer 30

1. Law must be accessible, intelligible, clear, precise
2. Application of law >exercise of discretion
3. Equality before the law
4. HR protection
5. Means provided for resolving civil disputes without excessive delay that parties cant resolve themselves
6. Public officers exercise power reasonably, in good faith, for purpose conferred
7. state procedures fair
8. state comply with international law

Question 31

What is an example of non-justiciable exercise of the Royal Prerogative

Answer 31

Entering treaties

Question 32

Can the court extend the time limit of a partial ouster clause for good reason?

Answer 32

No

Question 33

Is the local authority a public authority when acting as a landlord

Answer 33

No

Question 34

When can the police disperse protestors from private land?

Answer 34

Crime is being committed
OR there is a breach of the peace

Question 35

If a tresspassory assembly in an area is banned, what is important to note

Answer 35

It only bans assemblies to the extent they are TRESSPASSORY, so people are only offending if they act outside their right of access