Constitution and Parliamentary Sovereignty Flashcards
What is the Bill of Rights 1689?
imposed limitations on power of the crown.
Removed the power for monarch to impose new taxation and suspend acts of parliament.
What is the HRA 1998?
Incorporates the ECHR into UK domestic law.
Breaches of these rights can therefore be brought before domestic courts.
What is the principle of residual freedom?
Citizens are free to do or say whatever they wish unless the law clearly states such an action or statement is prohibited.
What is the doctrine of Habeas Corpus?
Remedy of habeas corpus means that an individual detained by the state has the right to have the legality o the detention tested before a court.
Developed originally before common law but now incorporated into statute
What is article 6 ECHR?
The right to a fair hearing (now forming part of UK law as part of the HRA 1998).
List some examples of the royal prerogative powers exercised by the government in relation to foreign affairs.
Power to declare war and deploy armed forces;
Making treaties;
Recognition of foreign states;
List some examples of the royal prerogative powers exercised by the government in relation to domestic affairs.
Summoning of parliament;
Giving royal assent to bills;
Defence of the realm (ie deployment of armies forces in the UK);
Granting public honours;
Appointment and dismissal of the PM;
Who is legally responsible for the prerogative powers?
The monarch (however they are exercised by the PM).
What was the Crown Proceedings Act 1947?
Abolished the immunity that the crown perviously had in respect of claims against it (both in tort and contract).
What is the Salisbury convention?
the HOL will not reject any legislation passed by the commons which was contained in the elected governing party’s manifesto.
What is the Sewel convention?
UK parliament will usually only legislate on a matter that has been devolved to the Scottish parliament if the Scottish parliament has given their consent.
Did the sewel convention (transposed into UK law by the Scotland act) make it law that the UK parliament could not legislate over Scotland without the approval of the Scottish parliament?
No.
This is still a convention and therefore not capable of being enforced in the courts.
Can conventions be enforced in the courts?
Not in the strict sense.
Courts may indirectly give rise to legal consequences, however if parliament passes legislation which breaches a convention, it may be unconstitutional, but the courts will not refuse to apply it for that reason.
What are the two types of public bills?
Government bills; and
Private Members bills.
What is a public bill?
A bill which alters the general law concerning the public ar large.
What is a private bill?
Relate to matters of individual, corporate or local interest and affect particular persons/ a particular locality.
What is the affirmative resolution procedure?
An instrument either cannot come into effect or ceases rot have effect, unless one or both houses passes resolution approving the instrument.
what is the negative resolution procedure?
The procedure where gov are required to annul the instrument if either house passes a resolution rejecting the instrument within a specified period (usually 40 days) after it has been laid before parliament.
What is delegated legislation?
Every exercise of power to legislate that is conferred by or under an. act of parliament.
It may be made by ministers in the form of rules or regulations (often statuary instruments), which supplement the provisions of an act of parliament.
neither house of parliament can amend delegated legislation, but can use procedures to repeal or effect it.
What is article 9 of the Bill of rights 1689?
Protects the freedom of speech in parliament that it ought not to be impeached or questioned in any court or place outside of parliament.
This means anything said in parliament cannot be subject of liable or defamation proceedings.
What is the enrolled act rule?
Once an act of parliament has been entered onto the parliamentary roll, the courts will not questions the validity of the act or hold the act to be void.
Can statute operate retrospectively?
Yes.
This means a court can make a decision and statue can be passed afterwards to nullify the effect of that decision.
What is the manner and form theory?
The theory that it should be permitted for parliament to make it compolusry for a higher threshold to have to vote to repeal or enact something (eg a two third majority).
This conflicts with the idea that parliament cannot bind a successor and there is great debate about this.
What happens where there are two conflicting acts of parliament?
The latter is binding as one parliament cannot bind another.
