Constitutional law Flashcards
Individual ministerial responsibility is a …
constitutional convention
How can Parliament can override or displace an existing prerogative power?
Through statute
Can the government introduce a bill in Parliament that would breach a recognised constitutional convention?
Yes
- Parliament is sovereign and legally can pass any legislation it pleases.
- The courts will recognise the convention’s existence, but this will not stop them applying the legislation.
Are constitutional conventions enforceable?
No
can a monarch withold Royal Assent to a Bill that parliament wants to pass
- constitutional convention finds that the Monarch should not refuse asssent
- if Parliament votes in favour of the Bill, the Monarch should give Royal Assent to it.
- constitutional conventions aren’t enforceable so the monarch ‘should’ rather than ‘must’ give consent
Describe the UK’s constitution
- unwritten
- monarchical
- rigid
- informal separation of powers.
- unitary
Can a MP crititcise an indidviual memeber on the judiciary?
No
- the convention wont allow this
- MP’s must resign if they want to criticise a member publicly
If the royal prerogative and statute come into conflict, which will prevail?
statute. (Miller v Secretary of state)
If the government is considering introducing a compensation scheme for victims of some recent extreme weather events, but there is no statutory scheme in place what can they do?
- adopt a non-statutory scheme pursuant to its prerogative power
- subject to Parliament voting the necessary funds. ( government cannot use the prerogative to authorise expenditure)
If the government loses an important case in the Supreme Court which affects its ability to carry out a manifesto commitment, what can they do?
- government can introduce legislation into Parliament
- which retrospectively changes the law
- and effectively overrides the judgment.
Breaches of conventions (such as collective cabinet responsibility) may result in…
political sanctions, but not legal sanctions.
what is the sub judice rule?
its a rule that
- prevents MPs or Lords
- from discussing matters
- which are currently or imminently being considered by the Courts.
what is the basis of the sub judice rule as a source of the UK constitution?
Law and custom of Parliament
- NOT constituional convention
what happens if a minister makes a grave error which has resulted in significant harm to UK citizens?
principle of individual ministerial responsibility
- constitutional convention = Resignation although, this is not legally enforceable
what does parliamentary privilege protect?
- MP’s freedom to represent their constituents and freely express their views
- Parliament’s internal affairs from interference by the courts.
- civil arrest whilst parliament is in session
- exclusive cognisance
what doesn’t parliamentary privilege protect mP’s from during parliamentry sessions?
Criminal arrest
- it will protect from civil arrest
what is exclusive cognisance?
power for Parliament to make its own rules
what is parliamentary soreignty?
power to:
- make or unmake any law whatsoever
- no person or body is recognised by the law as having a right to override or set aside the legislation of Parliament.
Can the Scottish Parliament enforce the Sewel Convention in the UK courts, and insist that Westminster seeks their approval before passing an Act of the UK Parliament which addresses a matter within the Scottish Parliament’s legislative competence?
No
- the sewel convention is a convention
- conventions are unenforceable
the sewel convention has been maintained in..
s28 of the Scotland Act 1998 (as amended).
can the Scottish Parliament argue that the UK Parliament is obliged to seek its consent before proposing legislation (fictitious) ?
no
- UK parliament is not legally obliged to give consent
- but, under convention is very unlikely to legislate on devolved matters without the consent of the Scottish Parliament.
what reserved matters remain under the control fo Westminister parliament?
- foreign policy
- defence
all devolved administrations have authority over..
education
environmental factors
who has the power to determine whether devolved legislation falls within reserved matter?
the supreme court
