Constitutional and Administrative Law - Parliament

Question 1

Composition

Answer 1

Monarch, House of Commons and House of Lords

Question 2

Government

Answer 2

Largest party

Question 3

Hereditary Peers

Answer 3

Those with a title that is passed down to first-born son

Question 4

Life Peers

Answer 4

Have to be granted a life peerage by monarch on advice of PM

Question 5

Royal Assent

Answer 5

A formality - i.e. a convention. Monarch’s do not usually refuse to grant royal assent

Question 6

Salisbury Convention

Answer 6

If bill is implementing a manifesto commitment Lords will give the bill a 2nd reading and will not otherwise block it

Question 7

Sunset Clause

Answer 7

Acts of legislation usually remain in force until repealed. A Sunset Clause gives an expiration date for the act.

Question 8

Secondary legislation

Answer 8

Made by the GOVERNMENT under the authority of an Act of Parliament

Question 9

Negative Resolution Procedure

Answer 9

Secondary legislation becomes law if no-one objects within 40 days

Question 10

Affirmative Resolution Procedure

Answer 10

Affirmative vote in favour of the legislation

Question 11

Henry VIII Powers

Answer 11

Powers granted to government to amend primary legislation through secondary legislation

Question 12

Courts can strike down secondary legislation

Answer 12

Because it is made by the government and not Parliament. I.e. Parliamentary Sovereignty does not apply

Question 13

Calling of Parliaments Act 2022

Answer 13

Repealed the Fixed Term Parliaments Act 2011 (date of dissolution fixed by law). Now, Parliament is dissolved five years after the date it first meets but can be dissolved earlier by the Monarch exercising royal prerogative. Only happens after a request from PM

Question 14

Second reading

Answer 14

First opportunity for bill to be debated

Question 15

Committee stage

Answer 15

Amendments suggested by MPs are debated

Question 16

Public Bill committee

Answer 16

Between 16-30 MPs consider bill. MPs represented according to their share of seats in the Commons

Question 17

Committee of the Whole House

Answer 17

Uncontroversial, urgent or bills of first-class public importance considered by all MPs. This is the only type of committee in the Lords (no such thing as a public bill committee)

Question 18

Suspensory Veto under Parliament Acts 1911-1949

Answer 18

If HoL block the same piece of legislation twice in two consecutive sessions it is sent to the monarch for Royal Assent. Main condition is that a year must have elapsed between the bill being granted a Second Reading in the first session and a Third Reading in the second session