Constitutional law Flashcards
Can a government introduce a Bill that will violate Convention Rights?
Yes, however the minister introducing the Bill must state that, although they are unable to make a statement of compatibility, the Government nevertheless wishes the HoC to proceed.
Does The Scottish Parliament have power to amend acts of Uk Parliament?
Yes unless the subject matter of the bill is outside the legislative competence of the Scottish Parliament.
Can the Welsh or Scottish parliament legislate on matters reserved to Westminster Parliament?
No, it is the responsibility of Westminster parliament, but for NI, NI can ask for matter to be transferred to them.
Will a UK parliament act be enforceable if the devolved countries have not passed legislative consent motion in relation to the act and the act also opposes legislation
Yes, it remains sovereign nothwithstanding devolution.
Taking military action is a statutory one or prerogative one?
A prerogative one
The Government should obtain parliamentary approval before taking military action, where does this come from and what is an exception.
Comes from a convention, exception is when there is emergency
Will the courts review treaty making by Government who uses royal prerogative powers to enter them?
No because treaty making is considered a political issue which courts refuse to review how they are exercised
When is delegation likely to be illegal
If delegated to a body which is neither a civil servant nor a local authority committee or officer
