Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

SQE 1 > Constitutional/ Administrative and EU Law > Flashcards

Constitutional/ Administrative and EU Law Flashcards

1
Q

What does it mean that the UK has an uncodified constitution?

A

There is no single written document. The constitution is formed by statutes, conventions, case law, and works of authority.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the sources of the UK constitution?

A

Acts of Parliament, common law, and constitutional conventions (unwritten rules).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the rule of law and how does it influence the UK constitution?

A

It ensures that:
- Law should be applied fairly
- Government must act in accordance with law
- Laws should not have retroactive effect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does it mean that the UK constitution is not entrenched?

A

It does not have higher legal status than other laws and can be changed by Acts of Parliament.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is parliamentary sovereignty?

A

Parliament can make or unmake any law, cannot be overruled by any other body, and cannot bind future Parliaments.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Can UK courts strike down Acts of Parliament?

A

No. Courts interpret laws, but if Parliament disagrees, it can amend the legislation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the royal prerogative?

A

A collection of powers recognized by common law as belonging to the Crown, though many are now exercised by government or abolished.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the Ram Doctrine?

A

It allows the government to carry on ordinary business even if power is not explicitly set out by statute or prerogative.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is an example of a constitutional convention?

A

The Monarch always gives Royal Assent to a bill passed by Parliament.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is meant by ‘asymmetric devolution’?

A

Devolution varies across the UK: Scotland, Wales, and Northern Ireland have different degrees of legislative power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Who appoints the executive under the UK system?

A

Executive leadership is drawn from elected members of Parliament, not separately elected.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the Enrolled Bill Rule?

A

Courts must give effect to Acts of Parliament and will not question their validity if properly passed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are fundamental rights under the UK constitution?

A

Rights that support the rule of law, e.g. no retroactive laws, fair application of law, legality of government action.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is judicial review in the UK?

A

Courts can review public authority decisions to ensure they are lawful (not about the merit but legality).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does the Human Rights Act 1998 require?

A

Legislation must be interpreted to respect rights protected by the Act; otherwise, courts may issue a ‘declaration of incompatibility’.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does a ‘declaration of incompatibility’ mean?

A

It signals to Parliament that a law breaches human rights, but does not invalidate the law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the role of the Speaker of the House of Commons?

A

To maintain order during debates. Elected by MPs and must be impartial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the composition of the House of Commons and Lords?

A

Commons: elected MPs. Lords: unelected, includes life peers, hereditary peers, and Lords Spiritual.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the stages of passing a bill in Parliament?

A
  1. First reading
  2. Second reading
  3. Committee stage
  4. Report stage
  5. Third reading
  6. Other House
  7. Royal Assent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is Amendment ‘Ping Pong’?

A

Amendments made by one chamber must be approved by the other. They may be sent back and forth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What does the Salisbury Convention state?

A

The Salisbury Convention is a constitutional convention in the United Kingdom that governs the relationship between the House of Lords and the House of Commons. The convention states that the House of Lords should not oppose legislation that was included in the governing party’s election manifesto.
Specifically, the convention holds that the House of Lords should not:

Reject at second or third reading any government bill that was mentioned in the governing party’s election manifesto
Introduce wrecking amendments that would effectively destroy such a billThe House of Lords will not block a government bill that implements a manifesto commitment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the Suspensory Veto under the Parliament Acts 1911–1949?

A

The Lords can delay but not block legislation already passed by the Commons.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is a sunset provision?

A

A clause in a law stating it will expire on a specific date unless extended.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is secondary legislation?

A

Legislation made under authority granted by an Act of Parliament. Includes statutory instruments.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What is the Negative Resolution Procedure?
Secondary legislation takes effect unless either House rejects it within 40 days.
26
What is the Affirmative Resolution Procedure?
Both Houses must approve the secondary legislation for it to take effect.
27
What is parliamentary privilege?
MPs cannot be sued for anything said in Parliament. Courts can use parliamentary records to interpret laws.
28
What is the Crown in modern UK law?
Includes the Monarch, Government ministers, the Privy Council, and civil servants.
29
Can Parliament abolish prerogative powers?
Yes, and no new prerogative powers can be created.
30
What happens if Parliament replaces a prerogative power with a statute?
The prerogative power is abolished.
31
Can a prerogative power change UK law?
No. Treaties entered under prerogative cannot override Acts of Parliament.
32
Who holds ministerial prerogative powers?
Ministers on behalf of the Crown – e.g. passport control, deployment of troops, negotiating treaties.
33
What is the Cardinal Convention?
The Monarch must act on the advice of ministers, especially the Prime Minister.
34
Who appoints the Prime Minister?
Formally the Monarch, but in practice the leader of the majority party in the House of Commons.
35
What is the Cabinet?
Group of senior ministers who make collective decisions. Includes Secretaries of State.
36
What is the Carltona Doctrine?
Civil servants can exercise powers granted to ministers unless statute requires otherwise.
37
What are Orders of Council?
Legislative instruments used by the Privy Council. May be primary or secondary legislation.
38
What is the role of the Privy Council?
Advises the Monarch on prerogative powers. Meetings are secret. Appointments are for life.
39
What is collective ministerial responsibility?
Ministers must support Cabinet decisions publicly or resign. Cabinet discussions are confidential.
40
What is individual ministerial responsibility?
Ministers must account for their department’s actions, take blame, and may have to resign for policy failures.
41
What is the Prime Minister's Question Time?
MPs question the Prime Minister weekly. Promotes government accountability.
42
What is the principle behind devolution?
Power is transferred from UK Parliament to Scottish, Welsh, and Northern Irish institutions.
43
Can devolved institutions be abolished?
Only by an Act of Parliament and a referendum in the affected nation.
44
What does the Sewel Convention say?
Parliament should not legislate on devolved matters without the devolved body’s consent.
45
What is the role of the Advocate General in devolution?
They can refer disputed bills to the UK Supreme Court to check legality before Royal Assent.
46
What is assimilated law?
Assimilated law is the new name for the law that was retained (beibehalten) from the period of the UK's membership of the EU.
47
How did the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020 transform EU law within the UK legal system?
These Acts effectively took a snapshot of all EU law that was part of the UK legal system at the end of the transition period and converted it to a new body of UK law called retained EU law. Later, under the European Union (Revocation and Reform) Act 2023, some retained law was repealed and what remains has been renamed 'assimilated law'.
48
What is the specific terminology for EU regulations that were automatically binding on member states after their transformation into UK law?
EU regulations that were automatically binding on member states are termed 'assimilated direct legislation' after their incorporation into UK law.
49
What powers does the UK have regarding assimilated law, and what is the legal status of resulting regulations?
The UK can repeal or amend assimilated law, including restating any law. The resulting regulations created through this process do not form part of assimilated law.
50
Explain how conflicts between retained EU law and pre-existing UK law were resolved between the end of the transition period and the end of 2023.
Between the end of the transition period and the end of 2023, if there was a conflict between retained EU law and UK law enacted before the end of the transition period, retained EU law would prevail.
51
How has the hierarchy between assimilated law and UK law changed after 2023?
After the end of 2023, assimilated law is subordinate to UK law whenever enacted.
52
Can any provisions of assimilated direct EU legislation maintain supremacy over UK legislation?
Yes, regulations can provide for some provisions of assimilated direct EU legislation to retain supremacy over specific pieces of primary and secondary legislation.
53
What legal term applies to decisions of the Court of Justice of the European Union (CJEU) from before the end of the transition period?
Decisions of the CJEU from before the end of the transition period are known as 'assimilated case law'.
54
How are cases from UK courts that interpret EU law classified within the post-Brexit legal framework?
Cases from UK courts which interpret EU law are known as 'assimilated domestic case law'.
55
What authority do the Supreme Court and Court of Appeal have regarding assimilated EU case law?
The Supreme Court and Court of Appeal can depart from assimilated EU case law by having regard for set criteria.
56
Under what conditions can the Supreme Court and Court of Appeal depart from assimilated domestic case law?
The Supreme Court and Court of Appeal can depart from assimilated domestic case law when it appears right to do so with regard for set criteria.
57
What procedural option exists for a court bound by either type of assimilated case law?
If a court is bound by either assimilated EU case law or assimilated domestic case law, it can make a compatibility reference (asking a higher court—usually the Court of Appeal—whether the case should be followed).
58
How would you explain the transformation of EU law within the UK legal system in a chronological context?
The process began with the European Union (Withdrawal) Act 2018 and European Union (Withdrawal Agreement) Act 2020 creating 'retained EU law', followed by the European Union (Revocation and Reform) Act 2023 which repealed some retained law and renamed the remainder as 'assimilated law'.
59
What are the key distinctions between the legal status of assimilated law before and after the end of 2023?
Before the end of 2023, retained/assimilated EU law had supremacy over pre-transition UK law. After 2023, this hierarchy changed, with assimilated law becoming subordinate to UK law regardless of when that UK law was enacted.
60
How might you conceptualize the different categories of assimilated case law after Brexit?
Post-Brexit assimilated case law falls into two distinct categories: 'assimilated case law' (from CJEU decisions) and 'assimilated domestic case law' (from UK courts interpreting EU law), each with different rules for departure by higher courts.
61
What is the significance of the 'compatibility reference' mechanism in the context of assimilated case law?
The compatibility reference mechanism provides lower courts with a procedural avenue to question the applicability of binding assimilated case law by referring to a higher court (typically the Court of Appeal) to determine whether particular precedents should continue to be followed.
62
How does the European Union (Revocation and Reform) Act 2023 alter the legal characterization of former EU law in the UK?
The Act introduces a terminological and substantive shift by renaming 'retained EU law' as 'assimilated law', repealing certain portions of retained law, and modifying the hierarchical relationship between assimilated law and domestic legislation.
63
Explain how the concept of legal supremacy applies to different categories of post-Brexit assimilated EU legislation.
Post-Brexit, the concept of supremacy is applied in a nuanced manner: while assimilated law is generally subordinate to UK law after 2023, regulations can specifically provide for certain provisions of assimilated direct EU legislation to retain supremacy over designated pieces of primary and secondary legislation.
64
What procedural options are available to the Supreme Court when confronted with assimilated EU case law that may no longer be appropriate for application?
The Supreme Court can depart from assimilated EU case law by considering established criteria, essentially exercising a form of overriding authority to adapt the application of former EU precedents to the evolving UK legal context.
65
How might UK courts reconcile conflicts between assimilated law and post-2023 UK legislation?
Post-2023, UK courts would generally give precedence to UK legislation over conflicting assimilated law, as the latter has become subordinate to the former, regardless of when the UK legislation was enacted.
66
What is the legal significance of the distinction between 'assimilated direct legislation' and other forms of assimilated law?
'Assimilated direct legislation' specifically refers to former EU regulations that were automatically binding, distinguishing them from other forms of EU law that required implementation. This distinction affects how they are treated within the UK legal system, particularly regarding amendment processes and supremacy considerations.

SQE 1 (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions