Constitutional Law Flashcards
What are the three functions any constitution seeks to fulfil?
(a) Identify the key institutions of the state (b) and what their respective powers are
(c) outline the relationship between the state institutions and individual citizens
Uncodified constitution
No single source setting out the most important constitutional rules
What sources make up the UK constitution?
Legal sources:
- Acts of Parliament
- European Convention of Human Rights
- EU law
Non-legal sources:
- Constitutional conventions
- Political rules
- Rule of law principle
What is meant by the principle of the rule of law?
A principle that informs the law
Government must act according to the law (ensures that the law rules rather than government)
BUT as Parliament is sovereign it can legislate contrary to the rule of law
The courts when interpreting legislation or scrutinising government action seek to uphold the rule of law
Nobody should be above the law including government BUT parliamentary privilege conflicts with this
Rule of law protections:
Law should be applied clear, predictable and accessible
Laws should have no retrospective effect
Everyone is punished according to the law
Requires method of resolving disputes without too much cost or delay
Requires access to courts and fair decisions
Requires judicial review of government decisions
Unentrenched constitution
Act of Parliament
Passed by a majority in both Houses
Highest form of law
Used to change the constitution (as it is unentrenched)
Role of the courts
To interpret legislation
Resolve legal disputes
Provide a check on the through government the process of judicial review the legality of government actions can be challenged before the courts
Royal prerogative
Recognised in common law as belonging to the crown
The Crown’s residual powers (refers to the government’s power and not just the monarch).
Examples: negotiating and ratifying international treaties, deployment of armed forces oversea
Principles of the royal prerogative:
No new prerogative powers can be created (reflects how Parliament is sovereign)
Parliament have the power to take away prerogative powers (reflects how Parliament is sovereign)
If statute overlaps with the prerogative then statute prevails
Cannot be used to thwart the intention of Parliament
Cannot be used to change the law
Statutes do not bind the Crown unless they expressly say so or by necessary implication, Parliament must set this out expressly in an Act of Parliament
NOTE: Courts have shown a greater willingness to review decisions of the royal prerogative
Constitutional conventions
Set out expectations for now the constitution operates but are not legal binding
Example: royal assent - by law the monarch can refuse to to grant royal assent but by constitutional convention the monarch always gives royal assent
Salisbury convention
If a bill is implementing a manifesto commitment of the elected party then the House of Lords will grant the bill a second reading and will not otherwise block the bill
Features of UK constitution
- Uncodified
- Several sources (legal and non-legal e.g Act of Parliament and conventions)
- Unentrenched
- Parliamentary sovereignty
- Courts interpret the law but cannot strike down any legislation
- Union state of devolved nations
- Parliamentary not presidential system
Parliamentary sovereignty (supremacy)
The highest source of law in the UK legal system is an Act of Parliament
Therefore…
Parliament can make or unmake any law
No one can override Parliament (including the courts)
Parliament can’t bind successors
Exam tip: Acts of Parliament are supreme (avoid answers that suggest otherwise)
Separation of powers
The executive, legislature and judiciary are separate in terms of what they do, their function and their personnel
Each of the three bodies should act as a check and balance on each other
Constitutional principles
- Parliamentary sovereignty
- Separation of powers
- Rule of law
What is needed for a bill to become and Act of Parliament?
Approved by House of Commons + approved by House of Lords + royal assent
Parliament Act 1911 and 1949
House of Commons can pass a Bill for a second time in a successive session of Parliament and if the House of Lords rejects the Bill again, it can still be sent for Royal Assent
Alternative method to passing an Act of Parliament without needing the consent of the House of Lords
These Acts have the same legal status as an Act passed in the ordinary way
Enrolled Bill rule
Because nobody can set aside an Act of Parliament the courts can’t question the validity of ANY legislation
If a bill has been passed in both Houses and granted royal assent = valid Act of Parliament = supreme
Courts can’t question a valid piece of legislation but have to simply apply it as a valid Act of Parliament as it’s been passed as such
Parliamentary privilege
A rule that ensures freedom of speech in the Parliament
An MP or member of the House of Lords can’t be sued for anything they have said in Parliament
The House of Commons and the House of Lords are each responsible for governing and enforcing their own procedures
Implied repeal
If there are two pieces of legislation on the same subject area that conflict the layer act impliedly repeals the earlier act
European communities act 1972
Made EU law a source of law in the UK legal system
Laws that are automatically binding on members states have legal effect in the UK without needing any further legislation to implement it into the UK
All UK laws must be interpreted according to EU law and will be valid only if compatible with EU law
Therefore…
EU law = supreme
Any Act of Parliament that conflicts with EU law is disapplied by the courts
Because…
Parliament voluntarily accepted the limitation of its sovereignty when passing the European Communities Act
Highest court in the UK
Supreme Court
Declaration of incompatibility
A signal to the govenemnt that a piece of legislation conflicts with human rights (courts cannot strike down the conflicting legislation because of Parliamentary sovereignty)
The government will usually rectify the incompatibility
Key institutions that make up the UK constitution?
- Executive (government and monarch)
- Legislature (Parliament and monarch)
- Judiciary (courts and monarch)
Who make up the House of Lords?
Hereditary peers
Life peers (granted by monarch acting on the advice of the prime minister)
Bishops
Law lords
What steps does a bill go through before it becomes an Act of Parliament?
First reading
Second reading
Committee stage
Report
Third reading
Consideration of amendments (ping pong)
Royal assent
(in the commons and the lords)
What happens with a bill at first reading?
What happens with a bill at second reading?
The bill is first debated
What happens with a bill at the committee stage?
The bill is scrutinised line by line
What happens with a bill at report stage?
The bill is received from the committee and is reconsidered in the chamber
Amendments can be proposed but unlikely to deal with issues addressed at an earlier stage
What happens with a bill at third reading?
Final review of the bill and it’s contents (quite brief)
Public bill committee
These include
- Bills of first class constitutional importance
- Urgent bills
- Uncontroversial bills
Considered by a committee of the whole house
Private bill committee
English votes for English laws (ABOLOISHED)
Previously only MPs representing English constituencies could vote on certain legislation when the whole legislation or some sections applied only to England - this has been ABOLISHED
Legislative process: primary legislation
Commencement clauses (primary legislation)
Once legislation is given Royal Assent it will not usually come into force immediately. Instead it will include a statement called a commencement provision outlining when or how the legislation will come into force. Usually by giving government the power to make a commencement order setting out which provisions of the Act take effect on what date. Common for different parts to take effect on different dates.
Sunset clause (primary legislation)
A clause that states the Act or a section of the Act will expire on a certain date
Often done to require Parliament in the future to review how the legislation has operated
Secondary legislation is also known as…
Delegated legislation
Subordinate legislation
Statutory instruments
Regulations
Negative resolution procedure (secondary legislation)
The draft of the legislation is laid before the House of Commons and House of Lords and will take effect unless rejected by either House within 40 days
If it doesn’t get rejected it becomes law
No amendments to the draft can be made
Affirmative resolution procedure (secondary legislation)
There has to be a positive vote in favour of the legislation in order for it to become law
The draft is laid before the House of Commons and House of Laws and will only become law if both houses vote in favour of bringing it into effect
No amendments to the draft can be made
Henry VIII powers
A source of secondary legislation enabling government to amend Acts of Parliament (usually in minor ways) through secondary legislation
Powers granted to government to amend an Act of Parliament
Most often used to allow ministers to make minor amendments to legislation as a consequence of a new Act of Parliament
Can the courts strike down secondary legislation?
Yes, if in the court’s opinion the legislation goes beyond the scope of the powers granted
The courts may also read restrictions into the powers granted in order to ensure that constitutional principles such s the rule of law are complied with
Privy council
Approves SOME decisions made by the government, either under the royal prerogative or under powers granted to it by statute.
Certain decisions and legislation under the royal prerogative or under powers granted by statute need to be approved by the Privy Council. E.g. passing Orders in Council or granting a Royal Charter (which creates a new public institution, university or learned society)
Once of great importance, now plays a purely formal role within government
Main meetings are only attended by government ministers to gain the monarch’s approval for decisions that in practice have already been made elsewhere
Appointments to the Privy Council are for life
By convention all Cabinet ministers are appointed
Ministerial prerogative powers
Exercised by government ministers
Monarch’s role is purely formal i.e. approving decisions made by others
Examples:
Negotiation and ratification of international treaties
Deployment of armed forces overseas
PM’s power to appoint and remove ministers from the government
Grant and revocation of passports
Grant of pardons to criminally convicted individuals
Power to stop criminal proceedings
Personal prerogative pwoers
Exercised by monarch
Most are heavily constrained by constitutional conventions
Examples:
Appointment of Prime Minister
Power to dismiss the government
Power to prorogue parliament
Granting Royal Assent
Legislative and judicial prerogatives
Legilsative prerogatives:
Passing orders in council, a form of legislation enacted by the Privy Council under the royal prerogative
Granting royal assent
Judicial prerogatives:
Granting a pardon for someone convicted of a criminal offence or stopping a prosecution
An important judicial function is the judicial committee of the Privy Council which hears appeals from some commonwealth jurisdictions but does NOT hear appeals from UK courts
How can the royal prerogative be regulated (instead of abolishing it)?
- Parliament may regulate the power by laying down a procedure or requirement that must be met in order to exercise the power
Example - Constitutional Reform and Governance Act 2010: allows Parliament to control the government’s use of the royal prerogative to ratify international treaties. The government is required to lay before Parliament the draft of any international treaty agreed. The government can ratify the treaty only if 21 days have passed and neither the House of Commons nor the House of Lords has voted to state that the treaty should not be ratified.
- Constituional conventions
Examples:
Cardinal convention: Monarch must act on the advice of ministers BUT monarch has right to be consulted, to encourage and to warn (occurs through weekly meetings between Monarch and Prime Minster)
Employment of armed forces: a decision for the government exercising the royal prerogative BUT whenever possible it is expected that government seeks consent of House of Commons first
Appointment of Prime Minister: monarch appoints Prime Minister by royal prerogative BUT under constitutional convention the Prime Minister must be the MP who can command confidence of the Commons e.g. leader of party with majority of MPs in the Commons
Constitutional Reform and Governance Act 2010
To ratify an international treaty (a prerogative power) the government must lay (publish) it in both Houses
Government can ratify the treaty if neither House votes against ratification within 21 days
If either house votes against the treaty further debate can follow
Cardinal convention
Monarch must act on the advice of ministers BUT monarch has right to be consulted, to encourage and to warn (occurs through weekly meetings between Monarch and Prime Minster)
Consequences of hung parliament
Prime Minister remains until confidence in House of Commons is lost
Monarch is not involved
Parties negotiate who forms next government
With agreement, Prime Minister resigns if necessary and
Monarch appoints person with confidence of the House of Commons
Collective ministerial responsibility
Key elements:
- Confidentiality: discussion within government on policy is confidential
- Unanimity: all ministers must support government policy in Parliament and in public (must resign if not able to)
Government ministers are bound by collective ministerial responsibility
Collective ministerial responsibility can be set aside by the Prime Minister
Carltona Doctorine
The powers granted to a Secretary of State by an Act of Parliament can be exercised by civil servants within the Secretary’s department
Judicial Committee of the Privy Council
Hears appeals from the commonwealth nationals or British overseas territories which lack a final court of appeal
Appeals are heard by Supreme Court justices who are appointed to the privy council for this purpose
What is the difference between the Judicial Committee of the Privy Council and the Supreme Court?
Both hear appeals BUT key difference…
Appeals from overseas are heard by the Judicial Committee of the Privy Council
Supreme Court deals with matters of UK law only
Individual ministerial responsiblity
Ministers are under a duty not to mislead Parliament. If a minister knowing misleads parliament in any way then they are expected to resign
Ministers are responsible for their own department and must address concerns and answer questions from MPs about their department. Includes taking responsibility for the actions of their department and personally take the blame
Individual ministerial responsibility
Policy failure = take responsibility
Operational failure = give account (as well as take steps to ensure that the failure does not occur again)
Methods of accountability of ministers to Parliament
Collective ministerial responsibility
Individual ministerial responsibility
Methods of accountability of government to Parliament
Prime Minister’s Question Time
Select committees: investigate particular issues within government or a particular policy. Question ministers, hear evidence from experts, academics or interested parties and then write a report for government to consider. Government must respond. Occasionally the reports are debated in the Commons.
Select committess
Two types:
1. Departmental Select Committees: shadow government departments
2. Other select committees: cut across government departments, taking a broader view of government
Investigate particular issues within government or a particular policy.
Question ministers, hear evidence from experts, academics or interested parties and then write a report for government to consider. Government must respond.
Occasionally the reports are debated in the Commons.
During the time for questioning ministers, can a minister may be questioned on any matter?
No
Ministers may only be questioned on matters relating to their department. Certain categories of questions are not allowed.
During the time for questioning ministers, can a minister may be questioned on any matter?
No
Ministers may only be questioned on matters relating to their department. Certain categories of questions are not allowed.
During PMQs must the PM answer questions from MPs of all political parties?
Yes
Leader of the opposition is entitled to six questions
Devolution
When power is transferred from central governemnt to a lower level or local government
Legal status of devolution
Sewel convention
A limit on the lawmakign power of the UK Parliament
Devolved legislature needs to consent
Consent is given via legislative consent motion
BUT if the consent is refused, UK Parliament may still legislate BECAUSE of parliamentary sovereignty
What are the limitations on the lawmaking power of the devolved legislature?
Cannot legislate contrary to European Convention on Human Rights
Cannot legislate beyond their Legislative competence
Judicial review
Process by which the court hears challenges on the legality of decisions made by public authorities
Courts are NOT concerned by the merits of the decision but rather whether the decision is legal e.g. was proper procedure followed
What are the requirements of a JR claim? (CHECK TEXTBOOK)
- Claim must be a public body or public authority (doesn’t include employer, charity etc.)
If a contract exists between the parties then the dispute between them should be resolved under contract and not JR
- Application must be made according to the correct procedure:
a. JR pre-action protocol: which means sending a letter before making the action outlining what the dispute and issues are and the defendant should respond in 14 days
b. Permission stage: claimant applies to the court for permission to continue the claim at a full hearing
c. Time limits: JR applications must be brought promptly but within 3 months (court can still refuse claims brought within 3 months if it was not brought promptly) BUT for planning decisions, the period is shorter - 6 weeks
d. Procedural exclusivity rule
- JR decisions must be reviewable (must be a live dispute not a hypothetical dispute)
- JR can’t resolve factual disputes
- Standing; the claimant must have standing which means that they have a sufficient interest in the case
- It must be a last resort e.g. if there is a tribunal in which to challenge the decision
Judicial review: procedural exclusivity rule
Judicial review procedure is only available for public law judicial review claims
A judicial review claim can’t be brought under the procedures available in private law
EXCEPTION: where a case raises issues of both public law and private law, the matter can be resolved in private law taking account. of the public law issues
What are the different tests for standing?
Judicial review = ssufficient interest test
Human rights cases = victim test
Grounds of JR
- Illegality
- Procedural improprity
- Legitimate expectations
- Unreasonableness/irrationality
JR: illegality
Ultra vires
Error of law
Unlawful delegation of power
Irrelvant considerations
Specific legal duty e.g. PSED
Ultra vires
Acing outside of the powers given
JR: procedural impropriety
Mandatory/directory requirements
Right to be heard
Rule against bias (actual, financial interest, apparent)
Duty to consult
Duty to give reasons
Right to be heard
Right to argue one’s case
The common law right to be heard guarantees certain procedural protections depending on the situation.
If a right is being removed, then the right to be heard can require a hearing
If an application case i.e seeking to gain a right or obtain something new, then the right to be heard does not guarantee a hearing
JR remedies
Quashing order: voids original decision
Mandatory order: requires authority to act in certain way
Prohibiting order: orders authority not to do something
Injunction: prevents authority from acting in certain way
Declaration: declares the legal position
Remedies can be combined
Remedies are discretionary, the court may refuse a remedy if it determines that a remedy would not make a difference or that it would cause difficulties to third parties
If a claimant prevails on their judicial review claim, the court can order the public authority to retake its decision, and to do so lawfully. However, this remedy does not guarantee that the public authority will reach a different conclusion.
JR: automatic disqualification rule
Government officials are automatically disqualified from making decisions if the official has a financial interest in the decision
JR: types of legitimate expectation
Substantive: concerns entitlement to a particular right e.g. entitlement to pension
Procedural: concerns how a decision is made
Human Rights Act 1998
Incorporates European Convention on Human Rights into UK law
Categories of human rights
Absolute rights: can never be limited
Limited rights: can be limited if the ECHR specifies the circumstances under which the right can be limited e.g. sentenced to imprisonment
Qualified rights: can be limited by the state to pursue legitimate interests stated in the article e.g. national security
Proportionality test (IMPORTANT TO MEMORISE FOR EXAM)
Restrictions on human rights must be necessary to achieve the objective
Three questions to ask:
1. Is limitation justified by object of policy and legitimate aim?
2. Is restriction rationally connected to and designed to meet objective?
3. Is interference no more than necessary?
Judicial deference
The more political the issues the more likely the courts including the European Court on Human Rights will defer to the political decision makers
Margin of appreciation
When the government limits qualified rights, the court will give discretion to the government if the member states of the ECHR vary in their approach on the issue BUT if the member states take a common approach on the issue, the court will not give discretion to the government and instead will apply the proportionality test
Human rights: Derogation
Member states can derogate from some but NOT all of the European Convention on Human Rights articles AND only in certain cases. They may do so only in the event of war or a public emergency threatening the life of the nation AND only to the extent strictly required by the situation
Human rights: mirror principle
Human rights: declaration of incompatibility
Issued if legislation:
1. Does not comply with convention rights; and
2. Can’t be interpreted to make it comply
Doesn’t invalidate legislation
Instead signals Parliament and Government to address the issue
Human rights: victim test
To bring a claim under Section 6 of the Human Rights Act the claimant must satisfy the victim test - only those directly affected by an act or decision of a public authority can challenge it
Representative standing: in which a group makes the claim on behalf of an individual is NOT allowed
Human rights remedies
Courts have the power to award any remedy it considers just and appropriate BUT this is discretionary and so the court does NOT have to award a remedy
All JR remedies are available
Damages - at discretion of court
Equality Act 2010
Equality Act 2010 permits freestanding claims of discrimination i.e a claim can simply be made on the basis of the discrimination itself
A claim under Article 14 of the European Convention on Human Rights MUST be connected to another Convention right unlike the Equality Act 2010 which allows for freestanding claims of discrimination
Breach of the peace
When someone becomes genuinely fearful of harm to self or pretty due to disturbance, assault, an affray; or if harm was done or is likely to be done
Can take place in public or private
In order to arrest for breach of the peace the breach MUST be imminent
NOT a criminal offence SO once the culprit has calmed down they can be released BUT could be subject to a binding over order which requires them to maintain the peace and keep good behaviour for a specified period
Public Order Act 1986: public processions notice requirements (IMPORTANT TO MEMORISE FOR EXAM)
Notice is required if procession intends to:
- Show support for or against views or actions
- Publicise a cause or campaign or
- Mark or commemorate an event
Notice requirements:
- Be given 6 clear days before procession, if possible OR if not then as soon as practicable
- Provide to police station in area of procession
- Provide date, time, route and name/address of an organsiser
Does NOT apply to processions that are customarily held e.g. remembrance Sunday parade in Novemeber
Public Order Act 1986: conditions on public assemblies
Allowed if officer believes:
- There may be serious disorder or damage OR
- Assembly was designed to intimidate
Conditions MUST be:
- Proportionate AND
- Necessary
Trespassory assemblies
Involve 20 or more persons
On land normally not open to public
Held without permission of occupier or exceeds permission or right of public access and
May damage or disrupt the community or significantly damage important land or important buildings
Example: assembly that blocks traffic on the road
Criminal offence to participate, organise or incite others to take part in a trespassory assembly is a criminal offence
Sources of EU law
Treaties: provides EU objectives and powers of institutions
Regulations; automatically binding and directly applicable member states
Directives: implemented through necessary legislation by member states
Key principles of EU law
Supremacy: EU is supreme across all member states so if a provision of domestic law conflicts with EU law then EU law will prevail and domestic courts should give effect to this
Direct effect: some EU law can be directly relied on by EU citizens
For direct effect, the provision must be:
- Clear
- Precise
- Unconditional
European Communities Act 1972
Made EU law a source of UK law
Allowed government to implement directives via secondary legislation also done by passing Acts of Parliament
Required legislation to be interpreted according to EU law
Withdrawal agreement
Transition period - UK remained bound by EU law
Dealt with issues due to exit
Is supreme and provisions have direct effect
European Union (Withdrawal) Act 2018 and European Union (Withdrawal Agreement) Act 2020
Repealed the 1972 Act BUT remained bound during the transition period
Preserved EU law brought in under 1972 Act as retained EU law
Retained EU includes:
- EU-derived domestic legislation (laws implementing directives)
- Direct EU legislation (regulations)
- Directly effective EU law
Any legislation contrary to withdrawal agreement will be disapplied in favour of the withdrawal agreement
Brexit: Retained EU law
The supremacy of retained EU law is preserved over UK law enacted before the end of the transition periof
Brexit: Retained case law
Cases decided before end of the transition period regarding EU law
Retained EU case law:
- Issued by European Court of Justice
- Bind all domestic courts (other than Supreme Court)
Retained domestic case law:
- Treated like ordinary case law
An application for judicial review needs to be brought promptly but no later than three months after the action being reviewed occured
December 2020 = end of transition period of leaving the EU
Public assembly
An assembly of TWO OR MORE persons held in a public place which is wholly or partially in the open air
JR: mandatory procedural requirement
A requirement that must be followed
An Act’s use of the word MUST indicates that the requirement is mandatory
Failure to follow the requirement will invalidate the public authority’s decision
Proportionality test only applies to cases involving human rights and EU law
JR: irrationality
The test for irrationality is whether the decision is 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
If there is conflict between retained EU law and legislation enacted before the end of the transition period, the retained EU law will prevail
Under the European Union (Withdrawal) Act 2018, at the end of the transition period, most EU law became part of UK law as a new category of law-retained EU law
Declarations of incompatibility can be made only in relation to the Human Rights Act
Limits on the powers of the House of Lords
Salisbury Convention: if a bill is implementing a manifesto commitment of the elected party then the House of Lords will grant the bill a second reading and will not otherwise block the bill
Suspensory Veto Under Parliament Acts 1911-1949: the Lords can only delay rather than block legislation. If the Lords block legislation passed in the Commons and is then reintroduced and passed in the Commons in the next session and the Lords block the bill again,the bill is sent for Royal Assent. Main condition is that a year needs to have lapsed between the bill being granted a second reading in the first session and being granted a third reading in the second session
What are the two main procedures by which secondary legislation is made?
Negative resolution procedure
Affirmative resolution procedure
The Parliament Acts 1911 and 1949 do not apply to secondary legislation meaning that the House of Lords are free to block secondary legislation
Sub Judicie Rule
Requires that MPs and peers do not refer to cases which are currently before the courts during debates out of concern that what is said in Parliament may affect the outcome of the case
This rule means that Parliament ensures it exercises its freedom of speech with respect for the courts and the legal process
If a statute covers something previously done under the royal prerogative without explicitly abolishing the prerogative powers, then the statute prevails over the prerogative
Statutes do not bind the Crown unless expressly stated or by necessary implication
Constitutional Reform and Governance Act 2010
Allows Parliament to control the government’s use of the royal prerogative to ratify international treaties
Governemnt is required to lay before Parliament the draft of any international treaty agreed. The Government can ratify the treaty ONLY if 21 days have passed and neither the Commons nor Lords has voted to state that the treaty should not be ratified
IF either House has voted against ratification, the Government can explain why they still want to ratify it. The Commons ONLY has a further 21 days to vote against the treaty if not it can be ratified
Prerogative powers
Deployment of armed forces: by convention, the Government seeks the support of the House of Commons before deploying the armed forces
Ratification of international treaties:
Prime Minister = First Lord of the Treasury
Cabinet committees
Estavlished by Mp who also decides membership
Subcommittees of the main Cabinet
Usually formed by a combination of Cabinet ministers and junior ministers
Allow for matters to be discussed without full Cabinet
Decisions have same authority as Cabinet decisions
Orders in Council
Forms of legislation
Some are made under the royal prerogative and are considered primary legislation BUT most are made under powers granted to the Privy Council by statute so are secondary legislation
Ministers must have a seat in either the House of Commons or the House of Lords, although most ministers come from the House of Commons.
Ministers need not be on the Privy Council
The Cabinet can be made up of members of either the House of Common or the House of Lords
The personal prerogative powers are exercised personally by the Monarch in accordance with various constitutional conventions. For instance, the personal prerogative powers include the appointment of the Prime Minister. However, the Monarch has no real freedom of choice because the position is heavily constrained by a series of constitutional conventions.
By-election
Triggered by obtaining consent from 10% of the electorate in a constituency evidenced by them signing a recall petition
Recall petition (under Recall of MPS Act 2015)
Triggered if an MP is suspended for more than 10 days
If more than 10% of the electorate in that constituency sign the petition, then a by-election is held
