Constitutional and Administrative Law Flashcards by Rand Saad

What is the UK’s constitution?

Acts of Parliament, common law, and conventions

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What is the principle of the rule of law?

Law should be applied fairly
Government should act in accordance with law
Laws should not have retroactive effect

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Parliamentary Sovereignty means that

Acts of Parliament are the highest source of law.

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What is the royal prerogative

Collection of powers under the common law recognised as belonging to the Crown

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Ram Doctrine

government shall have the power to carry on ordinary business even if the power is not explicitly set out by statute or Royal Prerogative

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Enrolled Bill Rule

The courts will not question the validity of Acts of Parliament and must give effect to them

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Role of the speaker of the House of Commons

maintain order during debates
(chosen by MPs and expected to be impartial)

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How long are members of the house of commons elected?

for five years - unless a motion of no confidence is passed earlier or parliament is dissolved early

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Who dissolves parliament?

The Monarch as requested by the PM

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How are life peers appointed?

By the Monarch on the advise of the PM

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Members of House of Lords

Hereditary peers
Life peers
Lords Spiritual

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How long is a parliament session?

12 months

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First Reading

Formal intro of the bill into the Chamber
Gov explains the intentions behind the bill

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Second Reading

Principles of the bill are debated

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Committee Stage

Committee (16-30) scrutinises the bill line-by-line, receive evidence, and make amendments

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Report Stage

Bill considered by whole house

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Third Reading

Final review before bill is sent to the other house

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Salisbury Convention

Gov bill is implementing a committed made by the party elected in the manifesto, the house of lords will grant a second reading to the bill

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Suspensory Veto Under Parliament Acts (1911-1949)

House of lords blocks legislation, and during next session the bill is once again passed by the commons and vetoed by lords, then the bill will nonetheless be sent for Royal Assent.

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What is the negative resolution procedure?

2ndary legislation laid in both houses will take effect unless either house rejects it within 40 days

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What is the affirmative resolution procedure

2ndary legislation draft is laid in both houses and will take effect only if both vote in favor

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What is the sub judicie rule

Prohibts MPs and peers from referring to cases wich are currently before the courts during debates

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What is the Crown?

The Monarch
Government
Privy Council
Secretaries of State
Civil Servants

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Ratification of a treaty

Gov can ratify the treaty after giving both houses 21 days to reject the treated

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What is the Cardinal Convention?

The Monarch must always act on the advice of the ministers, particularly the PM

Who forms the cabinet?

The most senior ministers, who lead gov departments

How often does the PM meet with the Monarch?

Weekly

What does the cabinet do?

make decisions of the gov collectively

Carltona Doctrine

Civil servants within the relevant department can exercise the power granted to the secretary of state

What does the privy council do?

Advise the monarch on how to exercise the royal prerogative and issue Orders of Council

How are privy council members appointed?

By the monarch, on the advise of the PM, for life

What are the two aspects of the Collective Responsibility of the ministers

Confidentiality and Unanimity

How do ministers take responsibility for policy failures?

may include resigning

How do ministers take responsibility for operational failures?

give an account and take steps to ensure they do not recur

What happens during the PM's Question Time?

MPs can ask questions about the overall conduct of the government

How long do departments have to answer MPs written questions?

Seven days

What the devolution statute required to repeal devolution?

Act of Parliament and a referendum of the Welsh/Scottish People

1998 Good Friday Agreement

Establishment of Northern Ireland

How can the people of Northern Ireland leave the UK?

Referendum

Sewel Convention

UK Parliament must obtain the consent of the affected institutions for devolved matters via a legislative consent motion

Can parliament proceed with legislation relating to devolved matters if no legislative consent is given?

Yes

What happens if the ruling of the judicial review would not substantially change the applicant's outcome?

The judicial review is rejected

Deadline for judicial review

Promptly but no later than three months

Deadline for planning decision judicial review

Six weeks

Applicant of judicial review must have..

Standing - sufficient interest (suffered personally)

Groups may have standing for judicial review if

a group is: responsible well resourced has expertise unlikely to have an alternative claimant

Ouster Clause

Clause stating that decisions of the authority pursuant to the statue cannot be challenged

A decisionmaker will be deemed biased if...

they have a financial interest or a non financial interest which is closely connected to an issue raised

A decisionmaker will have apparent bias if

a fair minded and informed observer, informed of the facts, would conclude that there was a real possibility of bias

Test for reasonable/rational decision during judicial review

decision must be so outrageous in its defiance of logic or of accepted moral standards that no sensible person who applied their mind to the question could have arrived at it.

Quashing order

original decision is voided

Mandatory order

orders defendant to act in a particular manner

Prohibiting order

orders defendant to not act in a particular manner

Injunction

Order preventing a party from acting in a certain manner or requiring that party acts accordingly to the instructions of the court

Declaration

Declares the decision or the action as unlawful

Absolute rights (ECHR)

cannot be limited under any circumstances

Limited rights (ECHR)

can be limited only as provided in the article itself

Qualified rights (ECHR)

can be limited to a chieve a legitimate interest

To what extent is derogation allowed by the ECtHR?

not allowed with respect to torture, slavery, and retrospective criminal offences

Fast-track remedial order

Allow parliament to address laws declared incompatible with ECHR

Deadline under non-urgent procedure for remedial orders

amendments are presented and approved by both houses - can become law 60 days after

Deadline under urgent procedure for remedial orders

amendment must become effective immediately, and will cease to have effect unless both houses approve the remedial order within 120 days

Section 6 of the HRA claimant

only a person who is a victim

Deadline for claim under HRA

One year after complained action

Which act allows freestanding claims? ECHR or Equality Act 2010?

Equality Act of 2010

Public Order Act 1986

gives public authorities the power to limit the rights to protest and the power to arrest persons who violate public order

Public Processions Conditions

notice of 6 clear days police station where procession will be held time, day, route, and name/address of an organiser

Who may apply to ban public procession

chief constable

Public assemblies

an assembly of two or more persons in a public place which is at least partially in the open air

Trespassory assemblers

an assembly involving 20 or more persons on land to which the public have no access or limited access, usually held without permission, which may result in serious disruption to the community or cause significant damage

chief constable applies to -------- to ban trespassory assemblies

local council (home secretary - london and greater london)

EU derived domestic legislation

primary and secondary legislation implementing EU directives prior to brexit

direct EU legislation

EU regulations prior to brexit

directly effective EU law

EU law that could directly be relied on in courts

Can the UK repeal/amend EU law?

Yes

Retained EU case law

retained decision of the CJUE

Is retained EU case law binding?

Binding on all courts other than Supreme Court and Court of Appeal