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Constitutional and Administrative Law > Constitution and conventions > Flashcards

Constitution and conventions Flashcards

1
Q

Purpose of a constitution

A

Limit power of government and protect rights and liberties of the people.

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2
Q

Constitution

A

A system of government and collection of rules that establish and regulate - rules of governance

‘gaps’ not covered by statute

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3
Q

Relationship between const law and other law

A

higher status that ordinary law

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4
Q

Public law

A

Parts of the constitution that are written

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5
Q

Codified constitution

A

A document with special legal status that sets out the system of government an the rules that establish/ regulate.

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6
Q

Conventions

A

Regulate how members of government behave/ norms (accepted by society) - no legal requirement (moral obligations).

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7
Q

Federal constitution

A

System of government where authority to govern is divided up between central government and regions, provinces or states. Federal government cannot override.

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8
Q

Unitary constitution

A

A system of government where the authority to govern is concentrated in the central government.
Acts of parliament override.
Consent of each state is not needed to legislate.

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9
Q

Sources of constitution

A
  1. acts of parliament
  2. case law
  3. royal prerogative
  4. law and custom of parliament
  5. historic document
  6. EU law
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10
Q

Separation of powers

A

no one body should have too much power (tyranny/ dictatorship)
executive, legislature, judicial

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11
Q

Rule of law

A

Government actions authorised by law

Equality - same laws for everyone inc gov/ monarch

Courts protect liberty - anyone can apply to court - access to justice

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12
Q

Enforcement of conventions

A

Cannot be legally enforced - rely on morality/ custom

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13
Q

Courts and conventions

A

no power to overrule unconstitutional law (parliamentary privilege)

cannot enforce but recognise e.g statement of incompatibility

ends up deciding on issues - no written constitution e.g parliamentary sovereignty

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14
Q

UK Constitution

A

unwritten

many sources - acts of parliament

no special procedures - gov freedom (EU law and repeal)

constitutional cases heard in ordinary court

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15
Q

assimilated law

A

EU retained law that is not repealed

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16
Q

judicial independence

A

judicial independence is guaranteed but it is not specific enough to be enforced - judiciary can criticise only

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17
Q

Roles of Parliament

A
  • enact legislaiton
  • taxation & spending
  • holds exec accountable
  • represents constituents
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18
Q

How can you enter House of Lords?

A

elected by existing hereditary peers

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19
Q

Powers of House of Lords

A
  • cannot reject
  • can delay by 1 year
  • force house of commons to reflect and pas the bill twice
  • stop extension of life of parliament
20
Q

Parliament Act 1949

A
  • H of L delay 1 year
  • pass bill twice
  • H of L veto to extend parliament more than 5 years
  • money bills accepted and agreed in 1month
21
Q

Jackson V AG

A

An act without House of Lords agreement is just as valid

22
Q

Parliamentary sovereignty

A
  • make or unmake any law
  • no one can override/ set aside acts of Parliament
  • no Parliament can bind future Parliament
  • cannot share the right to make law
  • can decide own procedures
23
Q

principle of repeal

A

all acts can be repealed by a later act

24
Q

express repeal

A

must be stated within the act (applies to fundamental/ constitutional law)

25
implied repeal
2 Acts contradict each other, the latter will take precedent
26
special procedure in the UK
Rare to put special procedures in acts of parliament (cannot bind future gov) can just enact a new act.
27
devolution
Grant powers to the regions of the UK to make their own laws.
28
limits on devoltion
- Westminster remains supreme - can take back devolved power - UK Parliament can override the other regions wishes (Miller).
29
European Withdrawal Act 2018
EU cannot legislate for the UK
30
Courts & HRA 1988
- interprets acts so that they do not contradict fundamental principles in the constitution e.g access to justice. - If an Act expressly restricts a human right - the court must comply with Parliaments wishes
31
Parliamentary privilege
grants legal immunities to members of both houses - perform duties free from outside interference - not subject to any court or outside body
32
Absolute privilege
Parliament is protected from any legal liability. Not liable in defamation even if untrue or malicious.
33
MP defamation
MP cannot be SUED for defamation or sued for breach of Official Secrets Act or contempt of court for revealing a case name.
34
absolute privilege exception
does not apply if it is not a proceeding in Parliament: - Outside parliament - Letter posted in houses of parliament - MP passed letter from constituent to relevant minister
35
Qualified privilege
MP sued - argue public interest (protected unless C proves malice) = not liable for defamation.
36
malice
C must prove D did not believe what they said was true and were reckless as to whether it was or not.
37
Parliamentary Papers Act 1840
Applied parliamentary privilege to published records.
38
Media protection
Protected by qualified privilege if they publish a fair and accurate report (can be a summary). Reasonable reader test.
39
Parliamentary Proceedings in court
- the court cannot question a proceeding of Parliament (speeches debates/ votes - official record). - cannot be used as evidence in libel cases - cannot investigate use of EU directive when passing an act. - CAN look at public documents and record of parliamentary debate to decide meaning of statute.
40
MPs code of conduct - financial
- Enter ALL financial interests in the public register of members' interests - Consultancy contracts must be on the register in full - Not have contracts to restrict independence in parliament - other party to contract cannot control MP conduct - No lobbying - act in financial gain.
41
what will the court avoid?
critiquing or commentating on what parliament has done/ say it is wrong.
42
Parliamentary commissioner for standards
Investigates complaints
43
less serious MP offences
apology and register corrected - dealt with by the speaker.
44
serious MP offences
- H of C Committee on Standards and Privileges - vote of house of commons (criminal offence - vote to waive privilege) - punishments admonishment, suspension, exclusion (approved by the house)
45
Independent Parliamentary Standards Authority (ISPA)
control MP expenses
46
freedom from arrest
when house is sitting - civil only
46

Constitutional and Administrative Law (1 decks)

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