Constitutional 1

Question 1

What are the sources of the UK constitution?

Answer 1

• acts of parliament
• common law
• conventions
• ECHR

Question 2

What are the elements of parliamentary sovereignty?

Answer 2

• 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

Question 3

How can international treaties take effect in domestic law?

Answer 3

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

Question 4

What are extra territorial AOP

Answer 4

legislation that has effect beyond the boundaries of the UK

Question 5

What is the Enrolled Bill rule

Answer 5

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

Question 6

How can previous AOP be repealed

Answer 6

Expressly

Impliedly
- if new AOP deals with same subject matter and they conflict the new one takes precedent

Question 7

What are key aspects of the rule of law? Can they be overridden?

Answer 7

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

Question 8

What is parliamentary privilege

Answer 8

Statements made in parliament cannot be challenged before the courts

Question 9

Can parliament undermine fundamental rights?

Answer 9

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

Question 10

Who chooses the speaker of the House of Commons and what is their role?

Answer 10

Chosen by all MPs

They ensure that MPs comply with rules of parliamentary procedure and should be politically impartial

Question 11

When is a general election held?

Answer 11

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)

Question 12

Who can be an MP

Answer 12

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

Question 13

When is an MP recalled and what is the process?

Answer 13

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

Question 14

Who sits in the House of Lords?

Answer 14

Hereditary peers

Life Peers
- appointed by king on advice of PM

Lord Spirituals
- bishops of Church of England

Law Lords

Question 15

What is a session of parliament and what happens during these?

Answer 15

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

Question 16

What is the significance of a parliamentary session?

Answer 16

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

Question 17

What is the legislative process in parliament?

Answer 17

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

Question 18

Who can vote on bills that only apply to England?

Answer 18

Everyone

Question 19

What power does the house of lords have? How is this limited?

Answer 19

• 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)

Question 20

How is secondary legislation enacted?

Answer 20

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

Question 21

What can the House of Lords absolutely veto?

Answer 21

Secondary legislation

Question 22

What are Henry VIII Powers?

Answer 22

Power granted to governments to amend primary legislation.

Typically for minor changes but can be used for major changes.

Question 23

Who can challenge secondary legislation?

Answer 23

Hours of Lords can veto absolutely.

Can be struck down by courts if it goes beyond the powers granted in AOP.

Question 24

What is the Sub Judicie Rule?

Answer 24

Requires MPs and peers to not refer to cases which are currently before the courts during debates

Question 25

What types of committees are there and what is the make up?

Answer 25

Commons

1. Public Bill Committee
   - 16-30 MPs reflecting make up to parties
   - can take evidence
2. Whole House
   - full house
   - for uncontroversial or urgent bills

House of Lords
- only Whole House Committee

Question 26

When is a By-Election held?

Answer 26

When a seat is vacant
- death
- retirement
- recall

Question 27

How are amendment added to bills?

Answer 27

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