Constituonal Law Flashcards
What do the Parliament Acts 1911-1949 allow?
They allow a bill to become an Act of Parliament even if it has been rejected twice by the House of Lords.
What is the role of the Privy Council in modern governance?
The Privy Council approves decisions made under the royal prerogative or powers granted by statute. Although once significant, it now plays a purely formal role in government.
What is the process for ratifying treaties in the UK?
The government must lay the treaty before the House of Commons and House of Lords, who have 21 days to vote against it. Treaty ratification is a royal prerogative power.
What is the Cardinal Convention regarding the Monarch and the Prime Minister?
It requires the Monarch to be consulted, to warn, and to encourage the Prime Minister, but this must take place in private.
What is the Doctrine of Implied Repeal?
It states that newer legislation automatically repeals older conflicting laws unless explicitly stated otherwise.
What is the Doctrine of Collective Responsibility?
It requires all government ministers to publicly support cabinet decisions or resign.
What is the Enrolled Bill Rule?
Courts can only verify whether a bill was passed by Parliament and received Royal Assent. They cannot investigate the legislative procedure.
When must an application for judicial review be brought?
Promptly, but no later than three months after the action being reviewed.
Are local councils subject to judicial review?
Yes, local councils are considered public bodies for judicial review purposes.
What are limited and qualified rights under the ECHR?
Limited rights: Can be interfered with under strict circumstances.
Qualified rights: Must be balanced against the public interest and can be limited proportionately when pursuing legitimate aims.
What is the ‘victim’ test in human rights cases?
It requires the claimant to demonstrate they are directly affected by the alleged rights violation.
When can declarations of incompatibility be made?
Only in relation to the Human Rights Act.
Where can the committee stage for bills occur in the House of Commons?
In either a Public Bill Committee or a Committee of the Whole House.
Can the Prime Minister suspend collective responsibility?
Yes, the Prime Minister can ‘set aside’ or suspend collective responsibility.
Can a treaty be ratified without being laid before Parliament?
Yes, but this exceptional case cannot override the vote of either House of Parliament.
