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SQE FLK 1 > Constitutional and Administrative Law > Flashcards

Constitutional and Administrative Law Flashcards

1
Q

What is the UK’s constitution?

A

Acts of Parliament, common law, and conventions

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2
Q

What is the principle of the rule of law?

A

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

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3
Q

Parliamentary Sovereignty means that

A

Acts of Parliament are the highest source of law.

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4
Q

What is the royal prerogative

A

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

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5
Q

Ram Doctrine

A

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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6
Q

Enrolled Bill Rule

A

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

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7
Q

Role of the speaker of the House of Commons

A

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

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8
Q

How long are members of the house of commons elected?

A

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

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9
Q

Who dissolves parliament?

A

The Monarch as requested by the PM

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10
Q

How are life peers appointed?

A

By the Monarch on the advise of the PM

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11
Q

Members of House of Lords

A

Hereditary peers
Life peers
Lords Spiritual

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12
Q

How long is a parliament session?

A

12 months

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13
Q

First Reading

A

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

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14
Q

Second Reading

A

Principles of the bill are debated

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15
Q

Committee Stage

A

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

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16
Q

Report Stage

A

Bill considered by whole house

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17
Q

Third Reading

A

Final review before bill is sent to the other house

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18
Q

Salisbury Convention

A

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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19
Q

Suspensory Veto Under Parliament Acts (1911-1949)

A

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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20
Q

What is the negative resolution procedure?

A

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

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21
Q

What is the affirmative resolution procedure

A

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

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22
Q

What is the sub judicie rule

A

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

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23
Q

What is the Crown?

A

The Monarch
Government
Privy Council
Secretaries of State
Civil Servants

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24
Q

Ratification of a treaty

A

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

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25
Q

What is the Cardinal Convention?

A

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

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26
Q

Who forms the cabinet?

A

The most senior ministers, who lead gov departments

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27
Q

How often does the PM meet with the Monarch?

A

Weekly

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28
Q

What does the cabinet do?

A

make decisions of the gov collectively

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29
Q

Carltona Doctrine

A

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

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30
Q

What does the privy council do?

A

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

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31
Q

How are privy council members appointed?

A

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

32
Q

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

A

Confidentiality and Unanimity

33
Q

How do ministers take responsibility for policy failures?

A

may include resigning

34
Q

How do ministers take responsibility for operational failures?

A

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

35
Q

What happens during the PM’s Question Time?

A

MPs can ask questions about the overall conduct of the government

36
Q

How long do departments have to answer MPs written questions?

A

Seven days

37
Q

What the devolution statute required to repeal devolution?

A

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

38
Q

1998 Good Friday Agreement

A

Establishment of Northern Ireland

39
Q

How can the people of Northern Ireland leave the UK?

A

Referendum

40
Q

Sewel Convention

A

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

41
Q

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

A

Yes

42
Q

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

A

The judicial review is rejected

43
Q

Deadline for judicial review

A

Promptly but no later than three months

44
Q

Deadline for planning decision judicial review

A

Six weeks

45
Q

Applicant of judicial review must have..

A

Standing - sufficient interest (suffered personally)

46
Q

Groups may have standing for judicial review if

A

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

47
Q

Ouster Clause

A

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

48
Q

A decisionmaker will be deemed biased if…

A

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

49
Q

A decisionmaker will have apparent bias if

A

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

50
Q

Test for reasonable/rational decision during judicial review

A

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.

51
Q

Quashing order

A

original decision is voided

52
Q

Mandatory order

A

orders defendant to act in a particular manner

53
Q

Prohibiting order

A

orders defendant to not act in a particular manner

54
Q

Injunction

A

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

55
Q

Declaration

A

Declares the decision or the action as unlawful

56
Q

Absolute rights (ECHR)

A

cannot be limited under any circumstances

57
Q

Limited rights (ECHR)

A

can be limited only as provided in the article itself

58
Q

Qualified rights (ECHR)

A

can be limited to a chieve a legitimate interest

59
Q

To what extent is derogation allowed by the ECtHR?

A

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

60
Q

Fast-track remedial order

A

Allow parliament to address laws declared incompatible with ECHR

61
Q

Deadline under non-urgent procedure for remedial orders

A

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

62
Q

Deadline under urgent procedure for remedial orders

A

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

63
Q

Section 6 of the HRA claimant

A

only a person who is a victim

64
Q

Deadline for claim under HRA

A

One year after complained action

65
Q

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

A

Equality Act of 2010

66
Q

Public Order Act 1986

A

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

67
Q

Public Processions Conditions

A

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

68
Q

Who may apply to ban public procession

A

chief constable

69
Q

Public assemblies

A

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

70
Q

Trespassory assemblers

A

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

71
Q

chief constable applies to ——– to ban trespassory assemblies

A

local council
(home secretary - london and greater london)

72
Q

EU derived domestic legislation

A

primary and secondary legislation implementing EU directives prior to brexit

73
Q

direct EU legislation

A

EU regulations prior to brexit

74
Q

directly effective EU law

A

EU law that could directly be relied on in courts

75
Q

Can the UK repeal/amend EU law?

A

Yes

76
Q

Retained EU case law

A

retained decision of the CJUE

77
Q

Is retained EU case law binding?

A

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

SQE FLK 1 (7 decks)

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