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Con And Admin Law > Constitutional > Flashcards

Constitutional Flashcards

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1
Q

Magna Carta
Year
What it did

A

1215
Govern according to law
Consent of governed
No one is above the law

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2
Q

Act of union
Year
What it did

A

1706-07
Unite England and Scotland
Preserve Scottish legal system and church

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3
Q

Bill of rights
Year
What it did

A

1689
Limits power or crown
Parliament meet regularly and freely

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4
Q

Parliament acts
Year
What they did

A

1911 and 1949

Leg can be enacted without the lords

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5
Q

PACE
Year
What it does

A

1984

Provides police with powers of arrest, search and detention with procedural safeguards

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6
Q

Public order act
Year
What it did

A

1986

Limits of marches and meetings in public places

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7
Q

Human rights act
Year
What it did

A

1998

Allows challenge in national courts

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8
Q

Constitutional reform act
Year
What it did

A

2005
LCJ not head of judiciary
Lords can elect own speaker

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9
Q

European Union withdrawal act year

What it did

A

2018
Repealed ECA 1972
Created retained EU law

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10
Q

Royal prerogative

A 
Declare war
Deploy army
Treaties
Recognition of states
Summon parliament 
Appoint and dismiss ministers 
Royal assent 
Pardon and mercy
Public honours 
Setting up bodies to disperse funds made available by parliament
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11
Q

How to dispense of an obsolete convention

A

Once it is obsolete it can be dispensed of without any formal steps

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12
Q

Effect of included conventions in statutes

A

No effect- it does not turn them into legal rules

No legal remedy if breached

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13
Q

Effect of an Act breaching a conventions

A

act might be unconstitutional but the court won’t refuse to apply it

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14
Q

What are customs

A

Internal rules, procedures of parliament

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15
Q

Individual ministerial responsibility

A

Ministers are responsible to parliament for running their department
And their personal conduct
No conflict between ministers public duties and private interests of should resign

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16
Q

Collective cabinet responsibility

A

Cabinet is collectively responsible to parliament for actions of gov
Gov must retain confidence of commons or resign
Cabinet must be united in public support of gov and resign to speak out
Cabinet discussions must remain secret

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17
Q

Examples of Conventions

A

Royal assent of bills
Monarch is part of exec
Gov is Queens and she can appoint or dismiss it
Monarch plays no active role in gov matters
RP is exercised by ministers
Monarch won’t refuse royal assent
Gov ministers must be memebers of commons or lords
PM must be member of commons
Individual ministerial responsibility
Collective cabinet (or ministerial) responsibility
Salisbury convention
Sewel convention
Judiciary aren’t politically active ministers
MPs don’t critique judiciary in public

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18
Q

Elements of the rule of law

A 
No arbitrary exercise of power
Laws made properly
Laws should be clear certain not retrospective accessible 
Punished only for clear breach of law
Equality before the law
Independent
Impartial judiciary
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19
Q

Parliament supremacy / sovereignty

A

Courts accept that leg enacted by parliament takes precedence over common law
Parliament can pass any law or wants

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20
Q

What is royal prerogative

A

What terrains of the absolute power of the monarch

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21
Q

What if Royal prerogative conflicts with statute

A

Acts of parliament can remove Royal prerogative

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22
Q

What is habeas corpus

A

Allows a detained person the right to have the legality of their detention tested by a court

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23
Q

Residual freedoms

A

Citizens can do anything unless the law states it is prohibited

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24
Q

Number of MPs

A

650

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25
Q

Who is the chair of the commons

A

The speaker

They are impartial

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26
Q

Max number of Commons MPs allowed to also be ministers

A

95

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27
Q

Number of hereditary peers

A

92

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28
Q

How are life peers appointed

A

By monarch on advice of PM

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29
Q

What are lords temporal

A

Life peers and hereditary peers

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30
Q

What are lords spiritual

A

Senior clergy of C of E

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31
Q

How often must parliament be summoned

A

Every 3 years

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32
Q

How to trigger an early general election

A

Vote of no confident and no new gov in 14 days
Or
2/3 vote of MPs

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33
Q

When does a parliamentary session end

A

When prorogued by royal decree

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34
Q

What happens to bills not passed when parliament session ends

A

They lapse or can be carried over subject to agreement

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35
Q

Enrolled act rule

A

Once act is entered into the parliamentary roll the courts will not question the validity of the act or Hold it to be void

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36
Q

Can courts disregard an act or investigate procedure of fraud in parliament

A

No

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37
Q

2 types of public bills

A

Gov bills and private member bills

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38
Q

What are public bills

A

Bills that alter general law (law that concerns public as a whole)

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39
Q

What are private bills

A

Private bills relate to individual, corporate or local interests

40
Q

Can parliament scrutinise and amend SI

A

Can scrutinise but cannot amend

41
Q

2 ways to scrutinise an SI

A
  1. Negative resolution procedure

2. Affirmative resolution procedure

42
Q

Negative resolution procedure

A

Gov must annul the instrument if either house pass a resolution rejecting it within 40 days of it being laid before parliament

43
Q

affirmative resolution procedure

A

SI cannot come into effect or cease to have effect unless one or
Both houses pass resolution approving it

44
Q

Can only English and Welsh MPs vote on matters that only impact England and Wales

A

Can veto at committee stage but all MPs must vote at other stages

45
Q

Can a statute override international law, conventions and alter the constitution

A

Yes

46
Q

Implied repeal

A

An act will impliedly repeal provisions of an earlier act to the extent of inconsistency between the two

47
Q

Can statute abolish or curtail royal prerogative

A

Yes

48
Q

Can a statute operate retrospectively

A

Yes it can reserve the outcome of a court judgement

49
Q

Which committee scrutinises SI

A

Joint select committee on SI (represents lords and commons)

50
Q

Elements of parliamentary privilege (both houses)

A

Freedom of speech: should not be questioned in court or outside parliament. Immunity from legal proceedings regarding proceedings in parliament

Right to control it’s own composition and procedures, if any are breached, the consequences and discipline of MPs

51
Q

Committee of privileges (a commons select committee)

A

Considers specific matters relating to privileges referred to it by the house

52
Q

HRA s10

A

Remedial order following D of I. If there are compelling reasons but not obligated and if they chose not to then litigant had no redress

53
Q

S19 HRA

A

Statement of compatibility or state they can’t make one but wish to proceed anyway

54
Q

Why is the U.K. unitary and not federal

A

Because U.K. gov can legally remove the delegated powers from devolved gov

55
Q

Can Uk parliament can pass for devolved countries

A

Yes

56
Q

The Scotland Act 1998

A

Created Scottish parliament and executive (not Scottish gov)
Devolved to Scotland all matters except reserved matters

57
Q

What are Scottish reserved matters

A

Constitution
Foreign policy
Defence

58
Q

Scottish tax powers

A

Set different IT rate and tax bands

59
Q

How often are elections for Scottish parliament

A

Every 4 years

60
Q

Can Scottish parliament pass primary leg

A

Yes

Bills still need royal assent

61
Q

How to trigger election of Scottish parliament

A

2/3 vote or they don’t nominate a fm within 28 days of previous fm leaving

62
Q

Can UK parliament override devolved leg

A

Yes, still supreme

63
Q

Does devolution impact parliamentary supremacy

A

No

U.K. parliament is still supreme

64
Q

What is a devolved gov legislates outside devolved competencies

A

It is void

If unclear rule in favour of validity

65
Q

Limits on devolved govs power to legislate

A

Reserved matters
Cannot legislate contrary to EU law
Cannot legislate on territory other than its own

66
Q

Who can refer a question to SC to see if a devolved bill is valid / within competencies

A

Att-gen
Lord advocate
Advocate general

67
Q

What must ministers state regarding a bill on devolved topic

A

State bill is compatible with devolved competence

68
Q

Legislative consent motion

A

Scottish parliament will pass this motion when U.K. parliament legislate on a devolved matter because Sewel convention requires consent

69
Q

What did Miller say about Sewel convention

A

U.K. parliament doesn’t require consent of Scottish parliament before passing leg to leave EU because courts won’t enforce convention

70
Q

Is criminal justice a devolved matter

A

Yes in Scotland and NI but not in Wales

71
Q

U.K. gov and devolved gov MOU 1999

A

To coordinate relationship
Created joint ministerial committee to consider non devolved matters that affect devolved responsibilities and vice versa, consider relationship disputes, devolved matters if discussion is beneficial

72
Q

Set up in Wales

A

Welsh parliament / Senedd (welsh legislature) and welsh gov (the exec)

73
Q

How old do you have to be to vote in senedd election

A

16

74
Q

How often are senedd elections

A

Every 5 years

75
Q

Can welsh gov pass primary leg

A

Yea reserved powers model

76
Q

Retained matters for welsh gov

A

Defence
Foreign affairs
Immigration

77
Q

Good Friday agreement (Belfast agreement)

A

United Ireland only through peaceful means
Referendum for NI to leave U.K.
consent of majority to unite Ireland

78
Q

3 strands of good Friday agreement

A

Democratically elected assembly with power sharing exec
British/ Irish council to promote relationship
North/ south council to develop policies on matters of mutual interest

79
Q

Can NI pass primary leg

A

Yea but need royal assent

80
Q

Limits on NI power to legislate

A

Some entrenched leg they cannot amend eg HRA
Need S of S permission for reserved matters which may be devolved in future
Cannot leg on excepted matters that are always to be reserved for U.K. parliament
Leg that discriminated against persons, class of persons on grounds of religion or political believed is outside competence

81
Q

3 ways devolved leg can be brought to SC to check if within competence

A

Reference by devolved or UK law officer to SC when BIll had passed but not yet received royal assent

Appeal from higher courts in England Wales Scotland or NI

Reference from appellant courts

82
Q

Composition of NI exec

A

Power sharing between communities in NI

FM is from largest party and deputy FM second largest party
They hold office jointly so if one ceases so does the other

83
Q

Which members of the exec cannot be MPs

A

Civil servants
Army members
Police

84
Q

Does the commons have to debate it before gov commits troops to military operations

A

A new convention may be developing

85
Q

How does parliament scrutinise gov

A 
Question MPs and PMQ
Debates
General committees 
Select committees 
Parliamentary and health service ombudsman 
MPs can reject gov bills
86
Q

Are decisions of the parliamentary and health services ombudsman binding on gov ministers

A

No

87
Q

What are select committees

A

Appointed for life of parliament to examine expenditure, administration, and policy of main gov dept. Only backbench MPs serve on them, report to commons, consider action and question ministers

88
Q

How are SC judges appointed

A

Select committee elects people for recommendation
Appointed by queen on PM recommendation
PM gets recommendation for LC

89
Q 
How are the following appointed 
LCJ
Court of appeal judge
Master of rolls
President of family and QBD 
HC judges
A

By queen on recommendation of PM

PM gets recommendation from LC who must consult LCJ

90
Q

Constitutional reform and governance act 2010

A

Gives legal effect to resolution of commons or lords that a treaty should not be ratified

Cannot go against commons resolution

Go against lords but publish explanatory statement

91
Q

How are treaties ratified

A

Negative resolution procedure so no debate or vote required for ratification

92
Q

Does the constitutional reform and governance act 2020 impact RP power to ratify treaties

A

It is still RP power but commons can prevent gov exercising it

93
Q

How does the judiciary hold the exec to account

A

JR

94
Q

Can RP be extended? Can new RP powers be created?

A

No

95
Q

Who decides extent of RP? (Whether RP powers exist)

A

Judiciary

96
Q

Is RP immune from JR

A

No unless non-justiciable area of high policy, national security or defence

97
Q

How is judicial independence upheld

A

S3 constitutional reform act 2005- gov is under duty to uphold independence and ministers shouldn’t influence decisions
Judicial independence from exec
Appointments by independent judicial appointments committee
Security of tenure for senior court judges - hold office during good behaviour
Immunity from civil action - cannot sue judge for error when carrying out duties
Convention- exec don’t criticise judges and judges don’t engage in political activity
Salary determined by independent body, paid from consolidated fund with permanent approval
Sub judice rule - parliament and gov refrain from discussion matters currently or soon to be heard at court

Con And Admin Law (6 decks)

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