Constitutional 1 Flashcards
What are the sources of the UK constitution?
- acts of parliament
- common law
- conventions
- ECHR
What are the elements of parliamentary sovereignty?
- parliament has the right to make or unmake any law
- no person or body is recognised as having the right to override or set aside as AOP
- no parliament can bind a successor
How can international treaties take effect in domestic law?
Ratification of international treaties will have no effect on domestic law only international law
To have effect in domestic law must be incorporated by AOP
What are extra territorial AOP
legislation that has effect beyond the boundaries of the UK
What is the Enrolled Bill rule
Courts cannot question the validity of legislation if it has passed though the houses and received Royal Assent
Courts do not consider the parliamentary process
How can previous AOP be repealed
Expressly
Impliedly
- if new AOP deals with same subject matter and they conflict the new one takes precedent
What are key aspects of the rule of law? Can they be overridden?
Can be override by parliamentary sovereignty.
Includes
- no punishment without breach of law
- no person is above the law
- law should be accessible, intelligible, clear and predictable
- law should be applied fairly
- no retrospective laws
What is parliamentary privilege
Statements made in parliament cannot be challenged before the courts
Can parliament undermine fundamental rights?
Only through though an AOP expressly stating that these fundamental right are to be breached
Otherwise courts will interpret AOP in way that does not breach them
Who chooses the speaker of the House of Commons and what is their role?
Chosen by all MPs
They ensure that MPs comply with rules of parliamentary procedure and should be politically impartial
When is a general election held?
Generally every 5 years (in May)
Held before 5 year period if:
- Government can call election at any time within the life of parliament; or
- motion of no-confidence passes (introduced by PM or Opposition leader)
Who can be an MP
Must be
- over 18
- member of commonwealth country or RoI
- cannot be member of lords
Cannot be
- member of judiciary (high courts)
- civil servant
- member of armed forces
- member of police force
- member of parliament or legislatures outside commonwealth or Ireland
When is an MP recalled and what is the process?
If they are:
- convicted of an offence and is sentenced to imprisonment
- suspended by House of Commons for 10 days for misconduct
- found guilty of providing false or misleading information in relation to their expenses
Then there is a recall petition in their constituency
- if MORE than 10% signed then by-election
Who sits in the House of Lords?
Hereditary peers
Life Peers
- appointed by king on advice of PM
Lord Spirituals
- bishops of Church of England
Law Lords
What is a session of parliament and what happens during these?
12 month sessions
Each is started with Kings Speech
- speech prepared by government outlining legislative proposals for following session
Ends with prorogation
- when monarch on advice of PM exercises royal prerogative power
- anything other than short probation must be justified otherwise could be reviewed by courts
What is the significance of a parliamentary session?
A bill must pass House of Commons and House of Lords and receive Royal Assents before the end of the session in was introduced in.
Exception
- if with house agrees to carry over a bill
What is the legislative process in parliament?
First Reading
- introduction and publication of bill and explanatory notes
Second Reading
- first time it can be debated
Committee Stage
- scrutinised line by line
- can be amended with these debated (only by commitee members)
- if approved will form part of bill
Report Stage
- reconsidered by chamber
- further amendments can be made
Third Reading
- final review
Who can vote on bills that only apply to England?
Everyone
What power does the house of lords have? How is this limited?
- can force amendments or reject a bill
Salisbury convention
- will grant second reading to any bill that is part of manifesto and will not block it
- can make amendments
Parliament Acts 1911-1949
- if bill that was blocked is reintroduced in commons a second time in next session an blocked again
- sent straight to monarch for royal assent
- year needs to have elapsed between 2nd reading in first session and 3rd reading in second session (in Commons)
How is secondary legislation enacted?
Negative Resolution Procedure
- draft is laid before both houses
- takes effect on date of draft unless either house votes against it in 40 days
- no amendments can be made
Affirmative Resolution Procedure
- draft laid before both houses
- both houses must expressly vote in favour
- can be debated in commons or by committees
- no amendments can be made
What can the House of Lords absolutely veto?
Secondary legislation
What are Henry VIII Powers?
Power granted to governments to amend primary legislation.
Typically for minor changes but can be used for major changes.
Who can challenge secondary legislation?
Hours of Lords can veto absolutely.
Can be struck down by courts if it goes beyond the powers granted in AOP.
What is the Sub Judicie Rule?
Requires MPs and peers to not refer to cases which are currently before the courts during debates
What types of committees are there and what is the make up?
Commons
- Public Bill Committee
- 16-30 MPs reflecting make up to parties
- can take evidence - Whole House
- full house
- for uncontroversial or urgent bills
House of Lords
- only Whole House Committee
When is a By-Election held?
When a seat is vacant
- death
- retirement
- recall
How are amendment added to bills?
Amendments made by either house must be considered by the other house
- can go back and forth with houses inviting on their amendments, backing down or compromising
- Lords normally give way to Commons eventually
