Constitutional Law Flashcards
What is the Cardinal Convention
What is the time-limit for bringing judicial review?
3 months
What is the cabinet comprised of?
The most senior ministers who collectively make the most important decisions of the government. Decisions which are expected to go to Cabinet include decisions to take military action, the most significant domestic and foreign policy issues, and setting out the government’s legislative agenda as announced in the King’s Speech
Can parliament legislate on devolved matters?
Parliament should seek the consent of the Scottish Parliament, Welsh Parliament, and Northern Irish Assembly before enacting the legislation, but it can proceed even if any or all refuse consent
What is the Sewel Convention
The UK Parliament will seek the consent of the Scottish Parliament, Welsh Parliament, or Northern Irish Assembly before legislating for those nations on a devolved matter.
What must you do to hold a march?
give notice to the police at least six clear days before the march, specifying the day, time, route, and the name and address of the person organising the procession
What is the doctrine of collective responsibility
when the government is developing policy, ministers are free to express their concerns in private. However, once government policy has been decided, ministers must defend and support the policy in public and before Parliament, even if they disagree with the policy. If a minister finds that they cannot support the policy, then they must resign from the government.
When can a qualified right be limited?
A qualified right can be limited if necessary to achieve a legitimate interest.
When will a court issue a declaration of incompatibility?
When an Act breaches a human right
When can you bring a discrimination claim under the Human Rights’ act?
A discrimination claim under the HRA can be brought only if it is attached to the breach of another right
Can you bring an HRA claim against a private body?
No, you have to look to the Equality Act
Explain when the victim test is used and the sufficient interest test is used
Salisbury Convention
House of Lords cannot block a bill that implements a manifesto commitment. Instead, the Lords will grant the legislation a Second Reading as a matter of course. However, the Lords retain the right to make amendments at later stages of the legislative process.
