Constitutional and Administrative Law and EU Law Flashcards
1
Q
What are constitutions?
A
The rules that:-
1. Establish and identify the key institutions of the state.
2. Outline the respective powers of legislature, executive, and judiciary and their relationship with each other.
3. Regulate the relationship between the state, its institutions, and individual citizens.
2
Q
What type of constitution does the UK have?
A
Uncodified- one that lacks a single definitive source containing its most important rules.
3
Q
What are the sources of the constitution in the UK?
A
- Acts of Parliament
- The common law
- Political rules in the form of constitutional conventions
- The European Convention on Human Rights
- Retained EU law
4
Q
What is the principle of the rule of law?
A
The principle that requires that the law should be applied fairly, that the government should act according to the law, and that laws should generally not have retrospective effect.
5
Q
What is meant by saying that the UK constitution is not entrenched?
A
The highest form of law in the UK legal system are Acts of Parliament. In place of a codified constitution, supremacy rests with Parliament itself - parliamentary sovereignty.
6
Q
What are some examples of Acts of Parliament which have constitutional implications?
A
- Magna Carta 1297 = guaranteed certain legal protections, including the right to jury trial.
- Bill of Rights 1689 = asserted the sovereignty of Parliament over the Monarch.
- Parliaments Act 1911-1949 = limits the powers of the House of Lords in relation to enacting Acts of Parliament.
7
Q
Can the courts declare an Act of Parliament ‘unconstitutional’ or strike it down?
A
No, because of the lack of entrenchment and the principle of parliamentary sovereignty.
8
Q
What is a declaration of incompatibility?
A
Where legislation breaches or is incompatible with rights protected by the Human Rights Act 1998, the courts can make the declaration to Parliament. It does not have any immediate legal effect and Parliament decide the outcome.
9
Q
Can Parliament disagree with the interpretation courts give to legislation?
A
Yes. They can disagree and may amend the legislation in question to ,ale the position clearer.
10
Q
What is common law?
A
Judge-made law.
11
Q
What is a constitutional monarchy?
A
The Monarch has the powers granted to them under the constitution. The Monarch, however, has no personal discretion and many powers are exercised by democratically accountable politicians.
12
Q
What is the royal prerogative?
A
A collection of powers which the common law recognises as belonging to the Crown (government and the executive). Most royal prerogative powers have been abolished and replaced by statutes.
13
Q
What is the Ram Doctrine?
A
Powers that give the government powers needed to carry on the ordinary business of government which are not explicitly authorised by statute or royal prerogative.
14
Q
What are constitutional conventions?
A
Set of rules that are park of the UK constitution but are not legally binding. E.g. the Monarch always acts on the advice of the PM, the UK Parliament will not ordinarily legislate on a matter devolved to the Scottish Parliament, National Assembly of Wales, or the Northern Ireland Assembly without their consent.
15
Q
What is a parliamentary system?
A
The leadership of the executive, the Prime Minister, and other government ministers are also members of Parliament.
16
Q
What is parliamentary sovereignty?
A
The central principle of the UK constitution. It has three basic elements:
- Parliament has the right to make or unmake any law whatsoever.
- No person or body is recognised as having the right to override or set aside an Act of Parliament.
- No Parliament can bind its successors.
17
Q
Does the ratification of an international treaty have an effect on the law in the UK?
A
No, it has no effect in the domestic law, although it remains binding on the UK has a matter of international law. For it to have a domestic effect, it needs to be incorporated into domestic law through an Act of Parliament.
18
Q
Can the courts intervene if Parliament enacts legislation that is outrageous or unethical?
A
No, they cannot intervene and overturn that legislation. Parliament’s power extends to passing legislation which can be described as ‘unconstitutional’.
19
Q
What is the Enrolled Bill Rule?
A
The courts do not question the validity of legislation. If an Act has been passed and has been granted Royal Assent, the courts will still give effect to that legislation.
20
Q
What is the separation of powers?
A
The executive, legislature, and judiciary are separate in terms of their function and their personnel.
21
Q
What does ‘the UK Parliament is bicameral’ mean?
A
It has two chambers, the House of Commons and the House of Lords. The House of Commons is elected, the House of Lords is unelected.
22
Q
What is the role of the executive?
A
The executive is responsible for implementing the law and governing according to the law as enacted by Parliament and as provided for by the royal prerogative.
23
Q
What is the judiciary?
A
The system of courts and tribunals that interpret the law and resolve legal disputes. The Supreme Court is the highest court in the UK. The judiciary can also determine the respective powers of different bodies within the constitution. They also act as a check on the executive through the process of judicial review which allows the legality of executive action to be challenged before the courts.
24
Q
What is the rule of law?
A
It requires the government to act only under lawful authority for its actions. It is not absolute, but is merely a principle that informs the law.
25
Is anyone above the law?
No, no matter their status, rank, or position in society, no one should have special protection from certain laws. Generally, this principle is followed.
26
What is parliamentary privilege?
This is a collection of rules which apply only to Members of the House of Commons and House of Lords e.g. statement said in Parliament cannot be challenged before the courts meaning that there is absolute freedom of speech within Parliament.
27
What is a judicial review?
The process by which actions or decisions of public authorities can be reviewed for their legality by the courts. A review of whether the decision has been made within the law.
28
What are the two main functions of Parliament?
1. To pass legislation
2. To hold the government to account.
29
What is Parliament formed of?
The House of Commons, the House of Lords, and the Monarch. The Monarch’s role is ceremonial and involves granting the Royal Assent to legislation.
30
What is the House of Commons?
It’s formed of 650 Members of Parliament who each represent the constituency they won at the last general election. There is a speaker which is nominated by all MPs whose function is to maintain order during debates and ensure all MPs comply with the rules of parliamentary procedure, they are therefore required to be impartial.
31
What does dissolution mean regarding Parliament?
It means that Parliament has, in essence, ended. No more legislation can be passed, all committee enquiries stop, and all seats in the House of Commons are vacated. General elections are held 25 working days after Parliament is ‘dissolved’.
32
Can members of the House of Lords also be members of the House of Commons?
No, they cannot. To be in the House of Commons you must be over the age of 18, be a citizen of a common wealth country, and must not be in the House of Lords. You also cannot be a member of the judiciary, a civil servant, member of the armed forces or police force, or member of parliament outside of the commonwealth or Ireland, including European Parliament and be in the House of Commons.
33
What is the House of Lords?
Unelected chamber and there are currently around 800 members each belonging to one of the following categories:
1. Hereditary Peers - hold title at the rank of Duke, Earl, Viscount or Baron.
2. Life peers - appointed by the Monarch on the advice of the PM and given rank of Baron.
3. Lords spiritual - the most senior 26 bishops of the Church of England.
4. Law lords - were appointed for life when the House of Lords served as the highest appellate court in the UK before it was replaced by the Supreme court
34
What is the legislative process for government bills?
1. First reading - introduces the bill into the chamber.
2. Second reading - first opportunity for the principles of the bill to be debated and takes place in the House of Commons and all MPs can take part.
3. Committee stage - the bill is scrutinised line by line. MPs can table amendments to the bill which are debated and if approved, can be added to form part of the bill.
4. Report stage - bill received from committee and reconsidered in the chamber. Further amendments can be made.
5. Third reading - quite brief and gives MPs or peers a final review before going to the other House to start at first reading. Last chance for amendments.
6. Consideration of amendments - amendments need to be considered by the House that first considered the bill. If accepted, can be sent to Monarch for Royal Assent. Steps repeated until final bill agreed.
7. Royal Assent - once bill approved by House of Lords and House of Commons, for it to be legal, needs to be given Royal Assent by the Monarch. This is a formality as by constitutional convention, Royal Assent is always granted.
35
What is the Salisbury Convention?
If a government bill is implementing a commitment that the party elected into government made in their manifesto, then the House of Lords will grant a second reading to the bill as a matter of course and will not otherwise block the legislation. The House of Lords reserves the right to make amendments to the bill at later stages in the legislative process.
36
What is a Suspensory Veto under Parliaments Act 1911-1949?
The House of Lords does not have an absolute veto over legislation, but, rather, merely a suspensory veto in that they can only delay rather than block legislation completely.
37
Once legislation has received Royal Assent, does it come into force immediately?
It usually will not immediately. Usually the legislation will include a commencement provision giving power to the government to bring the legislation into force at a later date. This is a type of secondary legislation. It is common for different parts of the Act to come into effect on different dates.
38
What is a sunset clause?
Where provisions or all of an Act expires on a certain date. Advantage of this is that it gives Parliament the opportunity to review the operation of the legislation.
39
What is secondary legislation?
Legislation made by government under the authority of an Act of Parliament. Usually used to implement policies or provide the detailed regulations necessary for a government scheme to operate.
40
How can secondary legislation be made?
Two ways:
1. Negative resolution procedure - a draft of the secondary legislation is published before the House of Commons and House of Lords. It will take effect on the date stated on the draft unless within 40 days of being laid, either House votes in favour of rejecting the secondary legislation. No amendments to the draft can be made.
2. Affirmative resolution procedure - a draft of the secondary legislation is laid before both the House of Commons and House of Lords and both Houses must expressly vote in favour of the secondary legislation for it to become effective.
41
What are the Henry VII powers?
Refers to the powers granted to the government to amend primary legislation. Can become controversial as there can be a breach of the separation of powers as the role of law-making is increasingly shifting from the legislature to the executive.
42
Can secondary legislation be struck down?
Yes, the courts can strike down secondary legislation if the secondary legislation goes beyond the power granted to the government. The courts can also imply restrictions in the power in order to ensure that the secondary legislation complies with the rule of law.
43
What is parliamentary privilege?
The proceedings of Parliament are generally a matter for Parliament alone. This ensures that MPs and peers are free to speak in Parliament without the fear of being sued in the courts. It also reflects the principle of parliamentary sovereignty as it is not for the courts to question Acts of Parliament.
44
What is the sub judicie rule?
It requires that MPs and peers do not refer to cases which are currently before the courts during debates. This is out of concern that what is said in Parliament may affect the outcome of the case. It also respects the seperation of powers.
45
What is the concept of ‘the crown’?
Government is carried out in the name of the Crown, with ministers forming His Majesty’s Government. Most business is decided by ministers at the Cabinet although some matters are still dealt with by the Privy Council.
The Crown is a metaphor which personifies the executive, and includes the Monarch, PM, ministers, government departments, and civil servants who all collectively form the government.
46
What is the role of the Monarch?
The Monarch is the Head of State and so acts as the representative of the state at home and abroad. The Monarch also acts as the head of the armed forces, head of the Church of England, and defender of the faith, and is responsible for the governance of self-governing crown dependencies such as Channel Islands and the Isle of Man.
Also head of state for 14 other countries.
47
Can any more prerogative powers be created?
No. The Bill of Rights 1689, made clear that Parliament and not the Crown was sovereign in the constitution. Consequently, Parliament can exercise its sovereignty to abolish any prerogative power by passing an Act of Parliament. This also means that no new prerogative powers can be created as the proper course is for the government to skew the necessary powers from Parliament.
48
Which takes precedence, statutes or prerogative?
Statutes take precedence over prerogatives when Parliament legislates in an area creating new powers which overlap with existing prerogative powers.
49
Can the Crown thwart the intention of Parliament?
No, as the statue takes precedence over the prerogative. The government cannot decide never to bring a legislation into force, choosing instead to rely on existing prerogative powers because this would amount to using royal prerogative to informally repeal an Act.
50
Can the prerogative powers be used to change the law?
No, as the Crown has no prerogative except that which the law allows. It cannot be used to change the law or change the sources of UK law.
51
What’s is the principle of statutory interpretation?
In order for a statute to apply to the Crown, the statue needs to express this clearly or it must be obvious by necessary implication. E.g. the Crown is not subject to taxation as the Crown is the basis of central government and it would be strange for Parliament to intend to raise money from the government.
52
What three groups can the prerogative powers today be split into?
1. Ministerial - exercised by government ministers in behalf of the Crown. Includes the power to acquire and cede territory, conducting diplomacy in general, deployment and use of armed forces overseas and declarations of war, and the PMs power to appoint and remove ministers from their government.
2. Personal - personally exercised by the Monarch but the role is heavily constrained by constitutional conventions. For example the appointment of the PM, the power to dismiss the government, the power to dissolved parliament, and granting the Royal Assent to legislation.
3. Miscellaneous/archaic - include the right to mine precious metals, the right to supervise and construct harbours, the right to mint coinages, and the right of the Crown to claim ownership of any sturgeon, dolphin, whale, or swans on certain stretches of the River Thames.
53
What is the ratification of international treaties?
Remains a prerogative power but is subject to control by Parliament under Constitutional Reform and Governance Act 2010. The government is required to lay before Parliament the draft of any international treaty agreed. The government can then ratify the treaty only if 21 days have passed and neither the House of Commons nor House of Lords has voted to state that the treaty should not be ratified.
54
What happens if a House votes against ratification?
The government can explain why they still want to ratify the treaty. The House of Commons then has a further 21 vote stating that the treaty should not be ratified. If no such vote is held, the government can ratify the treaty. The House of Lords has no role at this stage.
55
What is the cardinal convention?
The convention that the Monarch always acts in the advice of his ministers, in particular, the Prime Minister, even if the Monarch disagrees with that advice.
56
What is the constitutional convention around the appointment of the Prime Minister?
The Monarch, acting under the royal prerogative, appoints the PM. The choice the Monarch makes is controlled by the constitutional convention that the PM must be an MP and be able to command the confidence of the House of Commons.
57
What is a ‘Hung Parliament’?
When the election does not result in an overall majority for one party. The PM will remain in office until it is clear they have lost the confidence of the House of Commons. The Monarch does not get involved and it is up to the political parties to determine who should form the next government.
58
What is the role of the Prime Minister?
Recognised as the head of government and is ultimately responsible and accountable to Parliament for the conduct of the government as a whole. This accountability is enabled by the constitutional convention that the PM must have a seat in the House of Commons.
59
What powers does the PM have?
1. Organisation of government and civil service
2. Primary constitutional adviser to the Monarch and responsible for the overall relationship between the UK government and the devolved governments of Scotland, Wales, and Northern Ireland.
3. Ultimately responsible for decisions to deploy the armed forces.
4. Responsible for representing the UK at various international meetings including NATO, the G7, and the European Council to discuss EU matters.
60
What is the composition of cabinet?
The PM, Chancellor of the Exchequer, the Chief Secretary to the Treasury, other secretaries of state who lead government departments, the Lord Chancellor and Secretary of State for Justice, the leader of the House of Commons, the leader of the House of Lords, and the Chief Whip.
61
What is the role of cabinet?
Responsible for making decisions within the government and those decisions should be reached collectively by ministers.
62
Are discussions in cabinet confidential?
Yes, thus allowing for open discussion amongst the ministers. However, once a decision has been reached, it is binding on all ministers, whatever their personal views.
63
How many government departments are there?
25 in total. Each is responsible for developing and implanting policy in their particular area.
64
What is the Carltona doctrine?
The principle that when Parliament grants a power to the Secretary of State in an Act of Parliament, Parliament is taken to accept that, in practice, the power could be exercised by a civil servant within the Secretary of State’s department.
65
What are civil servants?
They work in government departments and are classed as servants of the Crown and owe their duties to the Crown rather than government ministers. They are permanent, remaining in office no matter which political party has formed the government. They need to be politically impartial as they advise ministers who ultimately decide policy and then implement that decision.
66
What is the Privy Council?
It predates the Cabinet, which has superseded the Privy Council in important. The role today is entirely formal and its main role is to approve decisions made elsewhere.
They pass Orders in Council which are a form of legislation.
Appointments are for life and made by the Monarch on the advice of the PM.
67
What is the Judicial Committee of the Privy Council?
Hears appeals on points of law from Commonwealth nations or British Overseas Territories that used to be part of the British Empire but lack a final appeal court of their own due to their small size. The appeals are heard by Justices of the Supreme Court.
68
What is collective responsibility?
Means that government ministers must maintain support for government policy in public and before Parliament.
69
What are the two key elements of collective responsibility?
1. Confidentiality - discussion within government when developing policy are confidential. Allows ministers to express their views in private, safe in the knowledge that their views should not be released to the public or to Parliament.
2. Unanimity - once decision is reached by government, through the Cabinet, it is binding on all government ministers. If a minister feels that they cannot support a particular policy, then they must resign from government.
70
Can collective responsibility be set aside?
Yes, by the Prime Minister. Setting aside collective responsibility can allow government ministers to campaign on different sides of the referendum campaign for example.
71
What individual responsibility do ministers have?
1. Duty not to mislead Parliament.
2. Responsibility and accountability to Parliament for their department.
3. Private conduct i.e. required to behave in a way that upholds the highest standards of propriety, even in their own private conduct.
72
What is devolution?
It is the transfer or delegation of power from a central or higher-level government to a lower-level or local government.
73
Can law in Scotland and Wales be abolished without a vote from the people of Scotland and Wales ?
No, law in these instructions are not to be abolished unless the people of Scotland and Wales vote in favour of their abolition at a referendum.
74
What is the Sewel Convention?
If the UK Parliament is going to legislate on a matter devolved to Scotland, Wales, and/or Northern Ireland, the consent of the affected institution is normally required via a legislative consent motion. However, if one of the devolved institutions refuses consent, legally, the UK Parliament can still pass the legislation.
75
Can the Court strike down legislation passed by the devolved legislatures?
Yes, if the legislatures pass legislation that exceeds their law-making powers, the courts will strike down the legislation as invalid. The courts of Scotland, Wales, and Northern Ireland can refer the matter to the Supreme Court for a decision. This can happen if the devolved institution:
1. Acts outside their legislative competence
2. Legislates contrary to the ECHR
76
What is judicial review?
It is the method by which the courts can review and scrutinise the actions of the executive. The courts exercise supervisory jurisdiction.
77
What is supervisory jurisdiction?
Generally, the courts are not concerned about the merits of a decision, but rather its legality. This allows the courts to ensure that public authorities act according to the law, thus maintaining this element of the rule of law.
78
What is supervisory jurisdiction?
Generally, the courts are not concerned about the merits of a decision, but rather its legality. This allows the courts to ensure that public authorities act according to the law, thus maintaining this element of the rule of law.
79
What are the three main concerns regarding judicial review?
1. Whether the application for judicial review meets the requirements for a successful application
2. Whether one of the grounds of judicial review has been established
3. What is the appropriate remedy
80
What are the requirement for judicial review?
1. Claim must be against a public body e.g. government,to departments, local council and government, agencies set up by government by statute.
2. No contract in place - if there is a contract, the court will deem it private and not public law.
3. Correct procedure has been used - a) judicial review pre-action protocol, b) permission stage
81
Can the court refuse permission for judicial review even if it would be successful?
Yes, the court has discretion to refuse permission if they believe that even if the judicial review claim is successful, it is highly likely that the outcome for the claimant would not be substantially different.
82
What is the time limit to apply for judicial review?
The claim must be brought promptly but no later than 3 months after the issue arose.
If the judicial review is challenging a planning decision however, it must be brought within 6 weeks from the date of the decision.
83
What is procedural exclusivity in regards to judicial review?
Judicial review is available only for public law issues. The principle of procedural exclusivity means that public law issues must be brought via judicial review rather than through the ordinary procedures available in private law.
84
What is an exception to the procedural exclusion rule?
Cases involving issues of both public law and private law can be resolved in private law.
85
Can a judicial review resolve factual disputes?
No, it is the not appropriate place to resolve disputes of fact. If the matters invokes factual rather than legal disputes, the matter is best resolved by the ordinary courts.
86
What are the main elements of judicial review?
The main element is the grounds for review: illegality, procedural impropriety, unreasonableness, and a breach of legitimate expectations. The claimant must establish one of these grounds for the claim to be successful.
87
What does ultra vires mean?
Outside the powers - used when a public authority acts contrary to the Act of Parliament that grants them the power to act. Whether than action is within or outside the scope of the power is a matter of statutory interpretation.
88
What is the Public Sector Equality Duty?
Requires that public authorities take into account equality considerations when making decisions. This includes the need to show due regard to the following :
1. Eliminating discrimination against those who have a protected characteristic
2. Advancing the equality of opportunity and fostering good relations between those who share a protected characteristic and those who do not.
3. Removing or minimising disadvantages suffered by those who share a protected characteristic
89
What are the protected characteristics?
Age, disability, gender reassignment, pregnancy, race, religion, sex, and sexual orientation.
90
What is procedural impropriety?
A ground for judicial review that focuses on the way in which the decision has been made. The different grounds for procedural impropriety are:
1. Mandatory/directory requirements
2. Right to be heard
3. Rule against bias
4. Duty to consult
5. Duty to give reasons
91
What is a mandatory and directory requirement?
A mandatory requirement is a requirement that must be followed and failure to follow it will invalidate the decision.
A directory requirement, if not followed, will not necessarily invalidate a decision.
92
What is the test for unreasonableness?
The decision must be so outrageous in its defiance of logic or of accepted moral standards that no sensible,e personal who applied their mind to the question could have arrived at it.
93
What is the proportionality test?
It is used when dealing with questions involving the Human Rights Act and fundamental rights recognised by the common law. It is a three part test:
1. Is the object of the policy sufficiently important to justify limiting a fundamental right
2. Are the measures designed to meet the legislative objective rather than rationally connected to it
3. Is the interference with the right no more than necessary to accomplish the objective
94
What remedies are available if a review claim is successful?
1. Quashing order - renders the original decision void and a new decision will be required.
2. Mandatory order - orders the defendant to act in a particular manner
3. Prohibiting order - orders the defendant not to act in a particular manner
4. Injunction - order prev sting a party from acting in a certain manner or requiring that a party acts according to the instructions of the court
5. Declaration- this declares that the decision or action complained of was unlawful.
95
What are the three types of convention rights?
1. Absolute rights - cannot be limited by the state even in times of war or national emergency.
2. Limited rights - the actual scope of the right can be limited only as provided in the article itself.
3. Qualified rights - can be limited by the state in order to pursue a legitimate interest as outlined in the particular article
96
What are the three types of convention rights?
1. Absolute rights - cannot be limited by the state even in times of war or national emergency.
2. Limited rights - the actual scope of the right can be limited only as provided in the article itself.
3. Qualified rights - can be limited by the state in order to pursue a legitimate interest as outlined in the particular article
97
What is the proportionality test when the state is seeking to restrict a qualified right?
- the object of the policy and the legitimate aim pursued is sufficiently important to justify limiting a fundamental right.
- the measure is designed to meet the objective and is rationally connected to it
- the interference with the right is no more than necessary to accomplish the objective (that is, no less onerous means can achieve the aim)
- the measure is reasonable and balanced in all the circumstances, given the competing needs of the individual and the wider community.
98
What are the three principles that feed into the Living Principle regarding the ECtHR?
1. Not bound by previous decision.
2. Consistent approach of contracting states.
3. ECtHR must be accessible to all individuals.
99
What is the effect of derogation?
The state is no longer required to comply with the article to which the derogation relates.
100
What Articles can the state NOT derogate from in the ECtHR?
- Article 2 (right to life, except in respect of deaths resulting from war))
- Article 3 (prohibition of torture)
- Article 4(1) (prohibition of slavery)
- Article 7 (prohibition of retrospective criminal offences)
101
What is a declaration of incompatibility?
If it not possible to interpret an Act of Parliament or secondary legislation in a way that complies with Convention rights under Section 3, the court will make a declaration of incompatibility. This will not make the legislation invalid and the court is still required to apply the legion the case before it due to parliamentary sovereignty.
It serves as a signal to the government that they may wish to consider the matter.
102
Can a remedial order become law?
Yes, if following the approval of both the House of Commons and the House of Lords after 60 days after being laid in draft (published and presented to both Houses).
103
What is protected under the Equality Act 2010?
Sex, sexual orientation, gender reassignment, race, disability, religion or belief, age, marital or partnership status, and pregnancy or maternity.
104
What are the types of discrimination under the Equality Act 2910?
1. Indirect discrimination - affects a protected group unfavourably.
2. Direct discrimination - one is treated less favourably because of their protected status.
3. Harassment - person is subjected to unwanted behaviour which has the purpose or effect of making that person feel humiliated, degraded, or uncomfortable.
4. Victimisation - a person is penalised for having made their own complaint of discrimination or helping another person with their discrimination complaint.
105
What is the defence for indirect discrimination?
A policy might not constitute as indirect discrimination if the policy is universal and is a proportionate means of achieving a legitimate aim.
106
What is the Kings Peace?
Under common law, police officers have a duty to maintain the Kings peace, essentially a duty to prevent breaches of the peace.
107
When does a breach of the peace occur?
1. When a person is genuinely in fear of harm to themselves or to their property in their presence as a result of an assault, affray, riot, or other disturbance.
2. When harm has actually been done to a person or to property in their presence.
3. When harm is likely to be done to a person or to property in their presence.
The breach must be imminent.
108
What conditions does the Public Order Act 1986 impose on public processions?
Notice of the procession must be given to the police if the procession is intended to demonstrate support for or opposition to the views or actions of any person or persons, or to publicise a cause or campaign, or to mark or commemorate an event - UNLESS it is not reasonably practiced to give a notification.
Notice must be given 6 clear days before the proposed date of the procession and if that is not possible, as soon as it is reasonably practice.
It must be delivered to the police station located in the area the procession will take place.
It must also specify the date, time, route, and the name and address of the person organising the procession.
109
What is the exception to having to give notice to police for public processions?
Is it a procession commonly or customarily held such as Remembrance Sunday or annual church procession held in local area. It also does not apply to funeral directors organising a funeral march in the course of their business.
110
What is a public assembly?
Defined as an assembly of two or more persons in a public place which is wholly or partially in the open air.
111
What is a public assembly?
Defined as an assembly of two or more persons in a public place which is wholly or partially in the open air.
112
What are trespassory assemblies?
Assemblies involving 20 or more persons.
On land to which the public have no or only limited rights of access.
Which are likely to be held without the permission of the occupier of the land, or exceed any permission granted or any right of public access.
May result in either serious disruption to the life of the community or cause significant damage to land, buildings, or monuments of historical, architectural, or scientific importance.
113
What are trespassory assemblies?
Assemblies involving 20 or more persons.
On land to which the public have no or only limited rights of access.
Which are likely to be held without the permission of the occupier of the land, or exceed any permission granted or any right of public access.
May result in either serious disruption to the life of the community or cause significant damage to land, buildings, or monuments of historical, architectural, or scientific importance.
114
What does TEU and TFEU stand for?
Treaty on the European Union and Treaty on the Functioning of the European Union.
115
What are the only sources of primary legislation in EU law?
TEU and TFEU
116
What are the only sources of primary legislation in EU law?
TEU and TFEU
117
What are the two main categories of secondary legislation in EU law?
1. Regulations - automatically binding on member states
2. Directives - binding on member states only with respect to the result that needs to be achieved - member states make the necessary changes to their own domestic law to achieve that result.
118
Is EU supreme?
Yes, EU law must be supreme in all member states for the single market to function. If a provision of the domestic law of a member state conflicts with EU law, then the member state court must give effect to EU law over domestic law.
119
What is the Withdrawl Agreement?
Made arrangements for the UKs exit following Brexit in 2017.
120
What is the Trade and Cooperation Agreement (TCA)?
Provided for the future relationship between the UK and EU following Brexit in 2017.
121
What is assimilated direct legislation?
EU regulations that were automatically binding on member states without any domestic legislation being passed.
122
Is assimilated direct legislation superior or inferior to other sources of domestic law?
It is now inferior. All assimilated direct EU legislation must so far as possible be read and given effect in a way which is compatible with all other legislation. If it is found incompatible, then the other legislation will take effect.
