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Constitutional Flashcards

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Repealed ECA 1972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Once it is obsolete it can be dispensed of without any formal steps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
Who is the chair of the commons
The speaker | They are impartial
26
Max number of Commons MPs allowed to also be ministers
95
27
Number of hereditary peers
92
28
How are life peers appointed
By monarch on advice of PM
29
What are lords temporal
Life peers and hereditary peers
30
What are lords spiritual
Senior clergy of C of E
31
How often must parliament be summoned
Every 3 years
32
How to trigger an early general election
Vote of no confident and no new gov in 14 days Or 2/3 vote of MPs
33
When does a parliamentary session end
When prorogued by royal decree
34
What happens to bills not passed when parliament session ends
They lapse or can be carried over subject to agreement
35
Enrolled act rule
Once act is entered into the parliamentary roll the courts will not question the validity of the act or Hold it to be void
36
Can courts disregard an act or investigate procedure of fraud in parliament
No
37
2 types of public bills
Gov bills and private member bills
38
What are public bills
Bills that alter general law (law that concerns public as a whole)
39
What are private bills
Private bills relate to individual, corporate or local interests
40
Can parliament scrutinise and amend SI
Can scrutinise but cannot amend
41
2 ways to scrutinise an SI
1. Negative resolution procedure | 2. Affirmative resolution procedure
42
Negative resolution procedure
Gov must annul the instrument if either house pass a resolution rejecting it within 40 days of it being laid before parliament
43
affirmative resolution procedure
SI cannot come into effect or cease to have effect unless one or Both houses pass resolution approving it
44
Can only English and Welsh MPs vote on matters that only impact England and Wales
Can veto at committee stage but all MPs must vote at other stages
45
Can a statute override international law, conventions and alter the constitution
Yes
46
Implied repeal
An act will impliedly repeal provisions of an earlier act to the extent of inconsistency between the two
47
Can statute abolish or curtail royal prerogative
Yes
48
Can a statute operate retrospectively
Yes it can reserve the outcome of a court judgement
49
Which committee scrutinises SI
Joint select committee on SI (represents lords and commons)
50
Elements of parliamentary privilege (both houses)
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
Committee of privileges (a commons select committee)
Considers specific matters relating to privileges referred to it by the house
52
HRA s10
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
S19 HRA
Statement of compatibility or state they can’t make one but wish to proceed anyway
54
Why is the U.K. unitary and not federal
Because U.K. gov can legally remove the delegated powers from devolved gov
55
Can Uk parliament can pass for devolved countries
Yes
56
The Scotland Act 1998
Created Scottish parliament and executive (not Scottish gov) Devolved to Scotland all matters except reserved matters
57
What are Scottish reserved matters
Constitution Foreign policy Defence
58
Scottish tax powers
Set different IT rate and tax bands
59
How often are elections for Scottish parliament
Every 4 years
60
Can Scottish parliament pass primary leg
Yes | Bills still need royal assent
61
How to trigger election of Scottish parliament
2/3 vote or they don’t nominate a fm within 28 days of previous fm leaving
62
Can UK parliament override devolved leg
Yes, still supreme
63
Does devolution impact parliamentary supremacy
No | U.K. parliament is still supreme
64
What is a devolved gov legislates outside devolved competencies
It is void | If unclear rule in favour of validity
65
Limits on devolved govs power to legislate
Reserved matters Cannot legislate contrary to EU law Cannot legislate on territory other than its own
66
Who can refer a question to SC to see if a devolved bill is valid / within competencies
Att-gen Lord advocate Advocate general
67
What must ministers state regarding a bill on devolved topic
State bill is compatible with devolved competence
68
Legislative consent motion
Scottish parliament will pass this motion when U.K. parliament legislate on a devolved matter because Sewel convention requires consent
69
What did Miller say about Sewel convention
U.K. parliament doesn’t require consent of Scottish parliament before passing leg to leave EU because courts won’t enforce convention
70
Is criminal justice a devolved matter
Yes in Scotland and NI but not in Wales
71
U.K. gov and devolved gov MOU 1999
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
Set up in Wales
Welsh parliament / Senedd (welsh legislature) and welsh gov (the exec)
73
How old do you have to be to vote in senedd election
16
74
How often are senedd elections
Every 5 years
75
Can welsh gov pass primary leg
Yea reserved powers model
76
Retained matters for welsh gov
Defence Foreign affairs Immigration
77
Good Friday agreement (Belfast agreement)
United Ireland only through peaceful means Referendum for NI to leave U.K. consent of majority to unite Ireland
78
3 strands of good Friday agreement
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
Can NI pass primary leg
Yea but need royal assent
80
Limits on NI power to legislate
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
3 ways devolved leg can be brought to SC to check if within competence
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
Composition of NI exec
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
Which members of the exec cannot be MPs
Civil servants Army members Police
84
Does the commons have to debate it before gov commits troops to military operations
A new convention may be developing
85
How does parliament scrutinise gov
``` Question MPs and PMQ Debates General committees Select committees Parliamentary and health service ombudsman MPs can reject gov bills ```
86
Are decisions of the parliamentary and health services ombudsman binding on gov ministers
No
87
What are select committees
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
How are SC judges appointed
Select committee elects people for recommendation Appointed by queen on PM recommendation PM gets recommendation for LC
89
``` How are the following appointed LCJ Court of appeal judge Master of rolls President of family and QBD HC judges ```
By queen on recommendation of PM | PM gets recommendation from LC who must consult LCJ
90
Constitutional reform and governance act 2010
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
How are treaties ratified
Negative resolution procedure so no debate or vote required for ratification
92
Does the constitutional reform and governance act 2020 impact RP power to ratify treaties
It is still RP power but commons can prevent gov exercising it
93
How does the judiciary hold the exec to account
JR
94
Can RP be extended? Can new RP powers be created?
No
95
Who decides extent of RP? (Whether RP powers exist)
Judiciary
96
Is RP immune from JR
No unless non-justiciable area of high policy, national security or defence
97
How is judicial independence upheld
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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