Constitutional Law

Question 1

What does it mean that the constitution is uncodified?

Answer 1

It lacks a single definitive source containing its most important rules.

Question 2

What are the sources of the UK constitution?

Answer 2

Acts of Parliament, the common law, conventions, the ECHR via the Human Rights Act 1998.

Question 3

What is the rule of law? (3)

Answer 3

1. The law should be applied fairly.
2. The government should act accordingly to the law.
3. Laws should generally not have a retrospective effect.

Question 4

Do the courts have a right to strike down an Act of Parliament?

Answer 4

No.

Question 5

What is the Ram doctrine?

Answer 5

“Third source powers”
The powers that are entirely incidental to statutory and royal prerogative powers. They give the government powers needed to carry on the ordinary business of government which are not explicitly authorised by statue or Royal prerogative.

Question 6

What are the three main principles of the UK constitution?

Answer 6

1. Separation of power.
2. Rule of law.
3. Parliamentary sovereignty.

Question 7

Does an Act of Parliament enacted without the consent of the House of Lords under the Parliament Acts 1911-1949 have the same legal status as an Act passed in the ordinary manner?

Answer 7

Yes.

Question 8

When does an international treaty have domestic effect?

Answer 8

When it has been incorporated into domestic law through an Act of Parliament.

Question 9

Can the Parliament enact legislation that has effect beyond the boundaries of the UK?

Answer 9

Yes.

Question 10

Can the Parliament legislate retrospectively?

Answer 10

Yes, although it raises questions under the rule of law.

Question 11

What is the enrolled bill rule?

Answer 11

The courts do not question the validity of legislation.

If an Act has been passed by the House of Commons and the House of Lords, and has been granted the Royal Assent, the courts will give effect to that legislation.

The courts do not consider the parliamentary process by which an Act of Parliament has been enacted.

Question 12

What will happen when two Acts of Parliament are in conflict?

Answer 12

Courts will give effect to the later Act of Parliament.

Question 13

When a direct conflict between EU law and an Act of Parliament emerged, what happened with the Act of Parliament that conflicted with the EU law?

Answer 13

It was ‘disapplied’.

Question 14

What are the core principles of the rule of law?

Answer 14

1. No one should be punished unless they have breached a specific law, and their punishment should be according to the law.
2. No person is above the law.

Question 15

What is the parliamentary privilege? (To whom does it apply?)

Answer 15

It applies only to the members of House of Commons and House of Lords.

There is an absolute freedom of speech within the Parliament.

Question 16

What are the fundamental common law rights?

Answer 16

1. The right of access to the courts.
2. Decisions made by the government need to be made fairly and comply with the basic standard of fairness.

Question 17

Who can interfere with the fundamental common law rights?

Answer 17

Only the Parliament through an Act of Parliament. It needs to expressly state that these fundamental rights are to be breached.

Question 18

What is the Monarch’s role in the Parliament and the legislative process?

Answer 18

1. Give King’s speech.
2. Give Royal Assent.

Question 19

How many members are in the House of Commons?

Answer 19

650

Question 20

Who is excluded and banned from taking a seat in the House of Commons?

Answer 20

Excluded:
1. Persons under 18;
2. Citizens from non-Commonwealth countries (except for the Republic of Ireland);
3. Members of the House of Lords.

Banned (the House of Commons Disqualification Act 1975):
1. Members of the judiciary;
2. Civil servants;
3. Members of the Armed forces;
4. Members of a police force;
5. Members of parliaments or legislatures outside of the Commonwealth or Ireland.

Question 21

When a recall petition is triggered?

Answer 21

When an MP has been:
1. Convicted of an offence and is sentenced to imprisonment;
2. Suspended by the House of Commons for 10 days for misconduct;
3. Found guilty of providing false or misleading information to their expenses.

Question 22

In what circumstances does a recall petition lead to a by-election?

Answer 22

If more than 10% of the electorate in the constituency sign the petition.

Question 23

How many members are in the House of Lords?

Answer 23

Around 800.

Question 24

What are the categories of lords in the House of Lords?

Answer 24

1. Hereditary peers (92);
2. Life peers;
3. Lords Spiritual (26);
4. Law Lords (a Lord of Appeal in Ordinary).

Question 25

How long does a parliamentary session last?

Answer 25

12 months (starts each May).

Question 26

What is the significance of a parliamentary session re legislative process?

Answer 26

A legislative process needs to be finalised within one session (unless either the House of Commons or the House of Lords agrees to ‘carry-over’ the bill).

Question 27

Who makes a decision re prorogation?

Answer 27

The Monarch, on the advice of the Prime Minister.

Question 28

What are the stages of the legislative process?

Answer 28

1. First reading;
2. Second reading;
3. Committee stage (Public Bill Committee or Committee of the Whole House);
4. Report Stage
5. Third reading;
6. Consideration of amendments;
7. Royal Assent.

Question 29

When a bill is considered by the Commitee of the Whole House?

Answer 29

Uncontroversial or urgent bills or bills of first-class constitutional importance.

Question 30

What is the Salisbury Convention?

Answer 30

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.

But, the House of Lords reserve the right to make amendments to the bill at later stages in the legislative process.

Question 31

What is the effect of the suspensory veto under the Parliament Acts 1911-1949?

Answer 31

The House of Lord cannot block legislation completely, but it can delay it.

If the House of Lords blocks a piece of legislation already passed by the House of Commons, which is then reintroduced and passed by the House of Commons in the next session of Parliament, only for the House of Lords to block it again, the bill is sent to the Monarch for Royal Assent.

Question 32

What is a sunset close?

Answer 32

A provision stating that some provisions of all of an Act expires on a certain date.

Question 33

What are the two procedures by which secondary legislation is being made?

Answer 33

1. Negative Resolution Procedure;
2. Affirmative Resolution Procedure.

Question 34

What is the Negative Resolution Procedure?

Answer 34

A draft of secondary legislation is laid 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.

Question 35

What is the Affirmative Resolution Procedure?

Answer 35

A draft of secondary legislation is laid before 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.

No amendments to the draft can be made.

Question 36

Does the Parliamentary Acts 1911-1949 apply to secondary legislation?

Answer 36

No (the House of Lords is free to block the legislation).

Question 37

What are the Henry VIII Powers?

Answer 37

Powers granted to government to amend primary legislation (in practice, minor amendments to legislation).

Question 38

Can the court strike down secondary legislation?

Answer 38

Yes (secondary legislation is made by the government and not Parliament).

Question 39

What is the Sub Judice Rule?

Answer 39

MPs and peers do not refer to cases which are currently before the courts during debates.

Question 40

Under which conditions can the court use Parliamentary Debates to aid interpretation?

Answer 40

1. Legislation is not clear;
2. There is a statement from the minister that assists the court;
3. The statement is sufficiently clear.

Question 41

Is judical review available against a decision made by a charity?

Answer 41

No, judical review is available only against decisions made by public bodies.

Question 42

Is judical review available when a contract exists between parties?

Answer 42

The matter should be resolved by private law.

Question 43

What are the key stages in the judical review procedure?

Answer 43

1. Pre-action Protocol: The claimant should send a letter to the potential defendant identifying the issue in dispute. The defendant should respond within 14 days.
2. Permission stage: The claimant applies to the court for permission to continue the claim for judical review. Usually written procedure, but there may be a hearing.
   If permission is granted, the matter goes to the second stage: a full hearing.

Question 44

What is the time limit for bringing a claim for judical review?

Answer 44

Promptly but not later than three months after the issue arose.

For planning decisions: within six weeks.

Question 45

Can the court refuse the permission for judical review even if the claim was brought within the three month deadline?

Answer 45

Yes, if the court believes that the claim has not been made promptly.

Question 46

What is the standard for assessing whether a claimant has standing for judical review?

Answer 46

A sufficient interest.

Question 47

At which stage of judical review does the court assess standing?

Answer 47

At the permission stage.

If the standing issue is not obvious, then it is being considered at the full hearing.

Question 48

Can a group or an association bring a claim for judical review?

Answer 48

Yes. If the association:
1. Is responsible;
2. Is well resourced;
3. Has expertise and/or
4. There is unlikely to be an alternative claimant.

Question 49

Key issues re when a claim can be brought for judical review (3):

Answer 49

1. Not hypothetical;
2. Not factual disputes;
3. Should be last resort.

Question 50

What are the grounds for judical review?

Answer 50

1. Illegality;
2. Procedural impropriety;
3. Unreasonableness;
4. Breach of legitimate expectations.

Question 51

What are the different grounds for illegality?

Answer 51

1. Error of law;
2. Specific legal duty;
3. Unlawful delegation of power;
4. Irrelevant considerations;
5. Ultra vires

Question 52

What does ‘ultra vires’ mean?

Answer 52

Beyond/outside the powers.

A public authority acts contrary to the Act of Parliament that grants them the power to act.

Question 53

What are the ‘ouster clauses’?

Answer 53

Clauses that attempt to oust the jurisdiction of the court.

Question 54

What is the Public Sector Equality Duty?

Answer 54

It requires that public authorities take into account equality considerations when making decisions.

They need to show due regard to [equality]. This means [equality] has been considered as part of the decision-making process.

Question 55

What is an unlawful delegation of power?

Answer 55

Power once delegated cannot be delegated again without being approved by the Act of Parliament granting the power in the first place.

Question 56

What are the different grounds for procedural impropriety?

Answer 56

1. Mandatory/ directory requirements;
2. Right to be heard;
3. Rule against bias;
4. Duty to consult (no general duty);
5. Duty to give reasons (no general duty).

Question 57

What are the mandatory and directory requirements?

Answer 57

Mandatory requirement: must be followed; a failure to follow will invalidate the decision.

Directory requirement: if not followed, it will not necessarily invalidate a decision.

Question 58

Is there a general right to be heard?

Answer 58

Yes, but the extent of the right varies from situation to situation.

When a right is removed from a person, the person must be given the opportunity to hear the case against them and to respond.

Question 59

What is the ‘natural justice’ rule against bias?

Answer 59

1. Actual bias: present when the decision maker made a decision that is actually motivated by bias. Usually impossible to prove.
2. Automatic disqualification rule: if the decision maker has a financial interest, they are automatically disqualified. If the decision maker has a non-financial interest which is so closely connected to issues raises by the decision isln question, they are also automatically disqualified.
3. Apparent bias

Question 60

What is the test for apparently bias?

Answer 60

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

Question 61

Is there a general common law duty to consult?

Answer 61

No. But there is a duty to consult:

1. When there is a statutory duty to consult;
2. When there has been a promise to consult;
3. When there has been an established practice of conultation;
4. Exceptionally, when a failure to consult would lead to conspicuous unfairness.

Question 62

Is there a general common law duty to give reasons?

Answer 62

No. However,

1. When the subject matter or interest is important, fairness requires reasons;
2. If a decision appears to be aberrant, fairness may require giving reasons.

Question 63

Legitimate expectations can be based on …

Answer 63

1. An explicit promise or assurance;
2. Previous action by the public body.

Question 64

When can the court give effect to a substantive legitimate expectation?

Answer 64

If the promise made by the public authority is particularly important and has been made only to a small number of individuals.

Question 65

What is the test for irrationality / unreasonableness? (What is the standard for human rights and fundamental common law rights?)

Answer 65

The 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.

For human rights/fundamental common law rights: proportionality test.

1. Is the object of the policy sufficiently important to justify limiting the fundamental right?
2. Are the measures designed to meet the legislative objective rationally connected to it?
3. Is the interference with the right no more than necessary to accomplish the objective?

Question 66

What is a quashing order?

Answer 66

It renders the original decision void.

Question 67

What is a mandatory order?

Answer 67

It orders a defendant to act in a particular manner.

Question 68

What is a prohibiting order?

Answer 68

It orders the defendant not to act in a particular manner.

Question 69

What is an injuction?

Answer 69

It is an order preventing a party from acting in a certain manner or requiring that a party acts according to the instructions of the court.

Question 70

What is a declaration?

Answer 70

It declares that the decision or action complained of was unlawful.

Question 71

Types of the ECHR rights:

Answer 71

1. Absolute;
2. Limited;
3. Qualified.

Question 72

What are the absolute rights?

Answer 72

Rights that cannot be limited by the state even in times of war or national emergency. Neither can they be balanced against the needs of public interest or other individuals.

Question 73

What are the limited rights?

Answer 73

The actual scope of the right can be limited only as provided in the article itself.

Question 74

What are the qualified rights?

Answer 74

Rights that can be limited by the state in order to pursue a legitimate interest as outlined in the particular article.

Question 75

Article 10: Freedom of expression - when can it be limited?

Answer 75

1. National security;
2. Territorial integrity;
3. Public safety;
4. The prevention of disorder or crime;
5. The protection of health or morals.

Question 76

Article 11: Freedom of Assembly and Association - when can it be limited?

Answer 76

1. National security;
2. The prevention of disorder or crime;
3. The protection of health or morals;
4. The protection of the rights and freedom of others.

Question 77

What is the proportionality test re qualified rights?

Answer 77

1. The object of the policy and the legitimate aim pursued is sufficiently important to justify limiting a fundamental right;
2. The measure is designed to meet the objective and is rationally connected to it;
3. The interference with the right is no more than necessary to accomplish the objective and
4. The measure is reasonable and balanced in all circumstances, given the competing needs of the individual and the wider community.

Question 78

What are the other rights protected by the HRA?

Answer 78

1. Right to property (protocol 1, Art.1)
2. Right to education (protocol 1, Art. 2)
3. Right to free elections (protocol 1, Art. 3)
4. Abolition of death penalty (protocol 13, Art. 1).

Question 79

What is ‘Judical deference’?

Answer 79

The more politically controversial the issue, then the more likely that the courts – when applying the proportionality test – will defer to the government and Parliament.

Question 80

What is the margin of appreciation?

Answer 80

The government is permitted some discretion over the extent to which the right can be restricted.

1. If there is a consensus among the MSs of the ECHR, then the court is likely to apply a narrow margin of appreciation.
2. If each state approaches the issue differently, then the margin of appreciation is likely to be broader

Question 81

What does it mean that the ECHR is a living instrument?

Answer 81

The ECHR can adapt to changing social and economic conditions.

1. Not bound by previous decisions;
2. Consistent approach of contracting states;
3. ECtHR must be accessible to all individuals.

Question 82

What are the limits to derogation from the ECHR?

Answer 82

1. Article 2: Right to life (except in respect to deaths resulting from war)
2. Article 3: Prohibition of torture;
3. Article 4(1): Prohibition of slavery;
4. Article 7: Prohibition of Retrospective Criminal Offences.

Question 83

When can a state derogate from the ECHR?

Answer 83

In the event of war or other public emergency that treatens the life of nation.

Question 84

To what extent can a state derogate from the ECHR?

Answer 84

To the extent strictly required by the exigencies of the situation.

Question 85

What is the mirror principle?

Answer 85

The courts take an approach that reflects the decisions of the ECtHR – offering no more but no less, that wait the ECtHR requires.

Question 86

What are the fast-track procedures for correcting legislation found to be incompatible with the HRA?

Answer 86

1. Non-urgent procedure (remedial order).
2. Urgen procedure.

Question 87

What is the non-urgent procedure?

Answer 87

It allows both an Act of Parliament and secondary legislation to be amended via secondary legislation.

A remedial order can become law following the approval of both the House of Commons and the House of Lords after 60 days after being laid in draft.

Question 88

What is the urgent procedure?

Answer 88

An order can be made immediately and will take immediate effect. But, it then must be laid before Parliament and will cease to have effect if, within 120 days both houses of Parliament approve it.

Question 89

What is the definition of a public body for the purpose of HRA?

Answer 89

A public authority includes a court or tribunal or any person whose functions are of a public nature.

Excluded: House of Commons and House of Lords.

Question 90

What is the standard for standing for a review under HRA?

Answer 90

The victim test.

A representative standing is not allowed under the HRA.

Victim = ‘directly affected”

Question 91

What is the time limit for bringing a claim for judical review under HRA?

Answer 91

One year of when the act complained of took place.

Question 92

Can a free-standing claim under Art. 14 HRA (freedom from discrimination) be brought under the HRA?

Answer 92

No, it must be attached to the breach of another convention right.

Question 93

What margin of appreciation is granted in relation to Art.14 of the ECHR?

Answer 93

Narrow.

Question 94

What is the major difference between the Equality Act 2010 and Art.14 HRA?

Answer 94

Under the Equality Act, a free-standing claim of discrimination can be brought.

Question 95

Who can bring the claim under the Equality Act 2000?

Answer 95

In the employment context, a person classified as a worker.

Question 96

Types of discrimination prohibited by the Equality Act 2010?

Answer 96

1. Direct discrimination;
2. Indirect discrimination;
3. Harassment;
4. Victimisation.

Question 97

Who is covered by the concept of the Crown?

Answer 97

1. Monarch;
2. Prime Minister;
3. Ministers;
4. Government departments;
5. Civil servants.

Question 98

The Monarch is the Head of …

Answer 98

1. State;
2. Armed Forces;
3. Church of England (and Defender of the faith).

Question 99

Can a new prerogative power be created?

Answer 99

No.

Question 100

What will prevail if a statue overlaps with the existing prerogative powers?

Answer 100

The statue.

Question 101

Can the prerogative be used to change the law or cha ge the source of UK law?

Answer 101

No.

Question 102

Do statutes apply to the Crown?

Answer 102

To apply to the Crown, the statue needs to express this clearly, or it must be obvious by necessary implication.

Question 103

Examples of ministerial prerogative

Answer 103

1. The power to acquire and cede territory;
2. The negotiation and, subject to the Constitutional Reform of Governance Act 2010, the ratification of international treaties;
3. Conducting diplomacy in general, including recognising states, the relations of government with the governments of other states; the appointments of ambassadors and High Commissioners;
4. The deployment and use of the Armed forces overseas and declaration of war;
5. The use of armed forces within the UK to maintain the peace in support of the police;
6. The PM’s power to appointment and remove ministers from their government;
7. The grant and renovation of passports;
8. The grant of pardons and the power to stop criminal prosecutions.

Question 104

Examples of personal prerogative powers (personally exercised by the Monarch)

Answer 104

1. The appointment of the PM;
2. The power to dismiss the government;
3. The power to prorogue Parliament;
4. Granting the Royal Assent to legislation.

Question 105

Examples of miscellaneous prerogative powers.

Answer 105

1. The right to mine precious metals;
2. The right to supervise and construct harbours;
3. The right to mine coinages;
4. The right of the Crown to claim the ownership of any sturgeon, dolphins, whales, and swans on certain stretches of the Rover Thames.

Question 106

Examples of legislative prerogative powers.

Answer 106

1. Passing Orders in Council (a form of legislation enacted by the Privy Council).
2. Granting the Royal Assent.

Question 107

Examples of prerogative judicial powers.

Answer 107

Most exercised by ministers (e.g. granting pardon or stopping prosecution).

Judical Committee of the Privy Council, which hears appeals from some Commonwealth jurisdictions. (The committee’s decision is advice to the Monarch as to how to dispose of the appeal; the decision is formally approved at a Privy Council meeting)

Question 108

What is the procedure for ratification of international treaties?

Answer 108

The ratification remains a prerogative power but is subject to control by Parliament under the Constitutional Reform and Governamce Act.

1. Lay draft before the Parliament for 21 days.
2. If neither the House of Commons nor House of Lords has voted to state that the treaty is ratified, the government can ratify the treaty.
3. If either House of Parliament has voted against ratifying the treaty, the government can explain why they still want to ratify the treaty.
4. The House of Commons then has a further 21 days to vote stating that the treaty should not be ratified. (There is no role for the House of Lords at this stage).
5. If no such vote is held, the government can ratify the treaty.

Question 109

Can the government bypass the need to lay the treaty before Parliament?

Answer 109

Yes, in an exceptional case (not defined in law).

Question 110

What is the Cardinal Convention?

Answer 110

The Monarch always acts on the advice of its ministers, in particular the PM, even if the Monarch disagrees with that advice.

The Monarch formally approves decisions made by ministers. In return, the Monarch has the right to be consulted, the right to encourage, and the right to warn the government.

Question 111

What is a “Hung Parliament”? How does it affect the nomination of the PM?

Answer 111

Hung Parliament = when the election does not result in an overall majority.

The PM remains in the office until it is clear they have lost the confidence of the House of Commons.

The Monarch does not get involved.

It is up to the political parties to determine who should form the next government.

Once it is clear that the agreement has been reached between the parties, then, if necessary, the existing PM will resign, and the Monarch will appoint the person who will have the confidence of the House of Commons.

Question 112

What is the legal title of the Prime Minister?

Answer 112

The First Lord of Treasury

Question 113

Responsibilities of civil servants

Answer 113

1. Advise ministers on matters of policy;
2. Implement government policy.

Question 114

The powers of the Prime Minister.

Answer 114

1. Organisation of the government and civil service (e.g., abolish, merge, create new government departments; appoint senior civil servants).
2. Constitutional role (meeting with the Monarch; relationship with the devolved governments).
3. National security and intelligence matters (appoint heads of MI5, MI6 and GCHQ; maintain oversight of counterterrorism policy).
4. Armed forces (the ultimate responsibility to deploy the armed forces: abroad or within the UK).
5. International relations.

Question 115

Must the ministers have a seat in the Parliament?

Answer 115

Yes: either in the House of Commons or in the House of Lords.

If they don’t have a seat when appointed; they are granted a life peerage shortly after becoming a minister.

Question 116

The composition of the Cabinet (8).

Answer 116

1. The PM;
2. Chancellor of the Exchequer;
3. The Chief Secretary to the Treasury;
4. Other Secretary of State;
5. The Lord Chancellor and Secretary of State for Justice;
6. The Leader of the House of Commons;
7. The Leader of the House of Lords;
8. The Chief Whip.

Question 117

Matters to be expected to go to Cabinet

Answer 117

1. Decisions to take military actions;
2. Determining the government’s legislative agenda;
3. Issues of a constitutional nature;
4. The most significant domestic policy matters;
5. The most significant European and international affairs;
6. National emergencies, including terrorism.

Question 118

Do decisions made in a Cabinet committee have the same authority as a Cabinet decision?

Answer 118

Yes.

Question 119

Levels of junior ministers

Answer 119

A Minister of State ranks above a Parliamentary Under Secretary of State.

Question 120

The sources of legal authority for government departments?

Answer 120

Royal prerogative or statues.

Question 121

What is the Carltona Doctrine?

Answer 121

When Parliament grants a power to the Secretary of State in an Act of Parliament, in practice, the power could be exercised by a civil servant within the Secretary of State’s department.

Question 122

Tasks of civil servants

Answer 122

1. Making decisions according to the law and government policy;
2. Assisting ministers in developing policy;
3. Implementing policy.

Question 123

How are the Orders in Council passed (under what powers)?

Answer 123

1. Under Royal prerogative (can be considered a form of primary legislation). *e.g. approval of the text of a Royal Charter which creates a new public institution, university, or learned society).
2. Under powers granted by statue (secondary legislation).

Question 124

How are appointments to Privy Council made?

Answer 124

For life made by the Monarch on the advice of the Prime Minister.

By convention, all Cabinet members are appointed.

Question 125

How are the meetings of the Privy
Council conducted?

Answer 125

Meetings are held in secret and require the attendance of the Monarch.

The Monarch is usually joined by three Privy Cpuncil members who are all government ministers.

Question 126

What is the main function of the Privy Council?

Answer 126

The judicial committee of the Privy Council hears appeals on points of law from Commonwealth nations or British Overseas Territories that lack a final appeal court of their own (due to their small size).

Question 127

What’s the collective responsibility?

Answer 127

Government must maintain support for the government policy in public and before Parliament.

Two key elements: confidentiality and unanimity.

Question 128

Can the collective responsibility be set aside?

Answer 128

Yes, by the Prime Minister.

Question 129

What is the individual responsibility of ministers?

Answer 129

They must take responsibility and account for the operation and conduct of their government departments.

Question 130

When a minister must give account and when take responsibility?

Answer 130

Policy failures = take responsibility
Operational failures = give account

Question 131

What’s the Prime Minister Question Time?

Answer 131

The PM answers questions about the overall conduct of the government from MPs.

The Leader of the Opposition has six questions.

It takes place once a week.

Question 132

What are the Ministerial Questions?

Answer 132

It happens every day; each department is on a rota, so they are usually questioned once every 5 weeks.

Question 133

What restrictions apply to the questions being asked during Ministerial Questions?

Answer 133

Questions must relate to the activities of that department.

No questions can be asked that relates to:
1. The Monarch;
2. The affairs of other countries;
3. Local authorities;
4. Matters devolved to NI, Scotland, or Wales;
5. A case being heard by a court of law at the time.

Question 134

When a written question can be asked to a government department?

Answer 134

Anytime.

The relevant government department will provide an answer within 7 days

Question 135

How many days are allocated to the so called Opposition Business?

Answer 135

20 days.

Question 136

How urgent questions are handled?

Answer 136

The MP can apply to the Speaker to ask a question that day.

If the Speaker agrees that there is a pressing matter of public interest and there is no other way for the issue to be debated, the Speaker will grant the application.

A minister is required to respond. Other MPs can then take part in the debate that follows.

Question 137

What is the Liasion Committee?

Answer 137

It’s formed by the chairs of the Select Committees.

Twice a year, the committee questions the Prime Minister in an extended session.

Question 138

What is needed to reverse the devolution of Scotland and Wales?

Answer 138

The vote of Parliament and a referendum from the Scottish/ Welsh people.

Question 139

What is needed to reverse the devolution of NI?

Answer 139

A referendum.

Question 140

What’s the Sewel convention?

Answer 140

If the UK Parliament is going to legislate on a matter devolved to Scotland/ Wales/ Northern Ireland, the consent of the affected institutions in normally required via legislative consent motion.

However, if one of the devolved institutions refuses consent, legally, the UK Parliament can still pass the legislation.

Question 141

Can courts strike down legislation passed by devolved institutions?

Answer 141

Yes, if they exceed their law-making powers.

Question 142

When can the courts of Scotland, Wales and Northern Ireland refer the matter to the Supreme Court?

Answer 142

If the devolved institution:
1. Acts outside their legislative competence (legislating on non delegated matters);
2. Legislates contrary to the ECHR.

Question 143

Who can refer a bill to the Supreme Court to determine whether it is within the law-making power of devolved institutions? (Northern Ireland)

Answer 143

1. Advocate General for NI.
2. Attorney General for NI.

Question 144

Who can refer a bill to the Supreme Court to determine whether it is within the law-making power of devolved institutions? (Scotland)

Answer 144

1. Lord Advocate.
2. Advocate General for Scotland.
3. Attorney General.

Question 145

Who can refer a bill to the Supreme Court to determine whether it is within the law-making power of devolved institutions? (Wales)

Answer 145

1. Counsel General.
2. Attorney General.

Question 146

When does a breach of the Queen’s Peace occur?

Answer 146

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 property in their presence; or
3. When harm is likely to be done to a person or to a property in their presence.

Verbal insults are insufficient for a breach of the peace.

Question 147

What kind of steps can a police officer take to terminate a breach of peace?

Answer 147

Reasonable. Including arresting a person or forcing entry to private premises.

Question 148

Is the breach of peace a criminak offence?

Answer 148

No. But a person breaching the peace could be made subject to a binding over order (requires the person to maintain the peace and keep good behaviour for a specified period of time).

Question 149

When a notice for a public procession is required?

Answer 149

When it is intended to:
1. Demonstrate silupport for, or opposition to, the views or actions of any person or persons;
2. Publicise a cause or campaign; or
3. Mark or commemorate an event.

Question 150

Notice requirements for public procession.

Answer 150

1. Be given at least six clear days before the proposed date of procession – or if that’s not possible – as soon as it is reasonably practicable.
2. Be delivered to a police station located in the area in which the procession will take place;
3. Specify the date, time, route and the name and address of the person/persons organising the procession.

Question 151

What are the consequences of a failure to notify re public procession?

Answer 151

An offender can be subject to a fine.

Question 152

Are there any exceptions to an obligation to notify re public procession?

Answer 152

Yes.
1. Processions commonly or customarily held.
2. Funeral marches.

Question 153

Can the police impose conditions on marches or processions?

Answer 153

Yes, if they reasonably believe that:
1. The procession will result in serious public disorder, serious damage to property, or serious disruption to the life of the community; or
2. The purpose of the procession is to intimidate others with a view to compelling them not do an act they have a right to do, or to an act that they have a right not to do.

Question 154

Can the police ban public procession?

Answer 154

The chief constable can apply to ban all or a specified class of processions for up to a maximum of three months if they believe that no conditions can be imposed on the procession to prevent serious disorder.

(In the city of London and Greater London, the application should be made to the Home Secretary; otherwise to the local council)

Question 155

What is a public assembly?

Answer 155

An assembly of two or more persons in a public space which is wholly or partially in the open air.

Question 156

Can a senior police officer give directions to the person organising or taking part in the assembly?

Answer 156

Yes. (The dame conditions as for processions apply: serious public disorder, serious damage to property, serious disruption to the life of the community; intimidation).

The condition must be proportionate.

Question 157

What is a trespassory assembly?

Answer 157

1. Involving more than 20 persons.
2. On land which the public has no, or only limited right of, access.
3. Which are likely to be held (1) without the permission of the occupier of the land or (2) exceed any permission granted or any right of public access.
4. 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.

Question 158

Can the police ban trespassory assemblies?

Answer 158

Yes.

Question 159

Can the police stop attendance at trespassory assemblies?

Answer 159

The police have the power to stop anyone they reasonably believe to be on their way to a trespassory assembly which has been banned and direct them not to attend.

A failure to comply with the order is an offence.

Question 160

When does a provision of EU law have a direct effect in the member states?

Answer 160

1. It must be clear and precise (the provision must not leave the Member State with any flexibility in how to apply or implement the law);
2. It must be unconditional (the provision must not depend on the discretion or judgement of a public authority).

Question 161

What act did repeal the European Communities Act 1972?

Answer 161

The European Union (Withdrawal) Act 2018.

Question 162

What’s “EU-derived domestic legislation”

Answer 162

1. All secondary legislation implementing EU directives.
2. Any primary legislation that was enacted to implement EU directives.

Question 163

What’s “direct EU legislation”?

Answer 163

EU regulations converted into UK law (pursuant to the 2018 Act).

Question 164

What’s “directly effective EU law”

Answer 164

Certain Treaty Provisions that had direct effect and could be directly relied upon in UK courts.

Question 165

Supremacy and Direct Effect of the Withdrawal Agreement

Answer 165

Any provision of the UK law that is inconsistent or incompatible with the Withdrawal Agreement will be disapplied in favour of the Withdrawal Agreement.

Any provision of the Withdrawal Agreement will have a direct effect if it meets the requirements of EU law (clear, precise, and unconditional).

Question 166

What’s the retained case law?

Answer 166

Cases decided before the end of the transition period relating to retained EU law.

Question 167

What are the two categories of the retained case law?

Answer 167

1. Retained EU case law (decided by the CJEU)
2. Retained Domestic case law (decided by the UK courts).

Question 168

Is the retained EU case law binding?

Answer 168

Yes, on all domestic courts except for the Supreme Court and the Court of Appeal.