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FLK 1 > Constitutional law > Flashcards

Constitutional law Flashcards

1
Q

Individual ministerial responsibility is a …

A

constitutional convention

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2
Q

How can Parliament can override or displace an existing prerogative power?

A

Through statute

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3
Q

Can the government introduce a bill in Parliament that would breach a recognised constitutional convention?

A

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.

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4
Q

Are constitutional conventions enforceable?

A

No

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5
Q

can a monarch withold Royal Assent to a Bill that parliament wants to pass

A
  • 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
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6
Q

Describe the UK’s constitution

A
  • unwritten
  • monarchical
  • rigid
  • informal separation of powers.
  • unitary
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7
Q

Can a MP crititcise an indidviual memeber on the judiciary?

A

No
- the convention wont allow this
- MP’s must resign if they want to criticise a member publicly

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8
Q

If the royal prerogative and statute come into conflict, which will prevail?

A

statute. (Miller v Secretary of state)

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9
Q

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?

A
  • 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)
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10
Q

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?

A
  • government can introduce legislation into Parliament
  • which retrospectively changes the law
  • and effectively overrides the judgment.
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11
Q

Breaches of conventions (such as collective cabinet responsibility) may result in…

A

political sanctions, but not legal sanctions.

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12
Q

what is the sub judice rule?

A

its a rule that
- prevents MPs or Lords
- from discussing matters
- which are currently or imminently being considered by the Courts.

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13
Q

what is the basis of the sub judice rule as a source of the UK constitution?

A

Law and custom of Parliament
- NOT constituional convention

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14
Q

what happens if a minister makes a grave error which has resulted in significant harm to UK citizens?

A

principle of individual ministerial responsibility

  • constitutional convention = Resignation although, this is not legally enforceable
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15
Q

what does parliamentary privilege protect?

A
  • 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
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16
Q

what doesn’t parliamentary privilege protect mP’s from during parliamentry sessions?

A

Criminal arrest
- it will protect from civil arrest

17
Q

what is exclusive cognisance?

A

power for Parliament to make its own rules

18
Q

what is parliamentary soreignty?

A

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.

19
Q

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?

A

No
- the sewel convention is a convention
- conventions are unenforceable

20
Q

the sewel convention has been maintained in..

A

s28 of the Scotland Act 1998 (as amended).

21
Q

can the Scottish Parliament argue that the UK Parliament is obliged to seek its consent before proposing legislation (fictitious) ?

A

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.

22
Q

what reserved matters remain under the control fo Westminister parliament?

A
  • foreign policy
  • defence
23
Q

all devolved administrations have authority over..

A

education
environmental factors

24
Q

who has the power to determine whether devolved legislation falls within reserved matter?

A

the supreme court

25
Q

does the The Senedd Cymru have power to amend Acts of the UK Parliament?

A

Yes
- unless the subject-matter of the bill is outside the legislative competence of the Senedd Cymru.

26
Q

Can acts of devolved legislatures be challenged on common law grounds such as irrationality?

A

Supreme Court says no

27
Q

what principle did the Magna Carta enshrine?

A

Not even the king is above the law

28
Q

central government comprises of..

A
  • monarch
  • government misters
  • members of civil service
29
Q

the legislative branch of state is made up of..

A
  • monarch (bc of royal assent to pass bill)
  • house of Lords
  • house of commons
30
Q

the judicial branch is made up of..

A
  • monarch (reginas court)
  • legally qualified judges
  • magistrates
31
Q

how many government ministers can sit in the house of commons?

A

95
s 2 House of Commons Disqualification Act 1975

32
Q

what members of the executive are disqualified from being MP’s?

A

civil servants
members of the armed forces
members of police

33
Q

what is a coalition government?

A

A coalition government is when two or more political parties decide to work together to run the country
- neither party got enough votes = working together

34
Q

what are Henry VIII powers/clauses?

A
  • allow government ministers to change or remove laws without the full approval of Parliament.
  • it allows ministers to bypass the usual parliamentary process for changing laws,
35
Q

Do directives become retained EU law?

A

No.
- normally implemented into domestics law by primary or secondary legislation

FLK 1 (7 decks)

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