Constitutional Law & Judicial Review Flashcards
A constitutional convention is considering the ‘ uncodified’ Constitution of the UK.
What does ‘uncodifed’ mean?
That the UK lacks a single document called the constitution.
Do you UK government has entered into a new international treaty with Brazil. The treaty has been ratified according to all legal requirements. What else needs to take place for the treaty to become part of UK law?
Parliament needs to pass an act of parliament incorporating the treaty into UK law
The government has agreed to a new international treaty with Singapore. The government has laid the treaty before both the house of commons and the house of lords. After 14 days, the house of commons voted against ratifying the treaty.
Describe the option available to the government.
The government can explain to parliament why they still wish to ratify the treaty, and the house of commons can hold a second vote.
In order to hold a general election before it is due, who is legally required to vote in favor of holding an early general election?
66% or more of MPs
What are functions that the privy Council fulfil?
The Privy Council formally approves some decisions made by the government, either under the royal prerogative or under powers granted to it by statute
The house of commons is about to debate a bill that would abolish the monarchy.
In which type of committee will the committee stage of the bill’s passage take place?
A committee of the whole house.
The committee stage of the house of commons can take place in one of two committees, a public bill committee or a committee of the whole house. Bills of ‘first-class constitutional importance’, a category to which a bill to abolish the monarchy would qualify, are debated in a committee of the whole house.
The UK parliament has decided that it wishes to pass legislation across the UK reforming healthcare. Healthcare is a devolved matter in Scotland, Wales, and northern Ireland.
How should parliament proceed with the legislation?
Parliament should seek the consent of the Scottish Parliament, welsh assembly, and Northern Irish assembly before enacting the legislation. Although the UK parliament is sovereign and retains the power to legislate for Scotland, Wales, and northern Ireland, even on matters that have been devolved those nations, under the Sewel Convention (sometimes referred to as a legislative consent motion), normally the UK parliament will seek the consent of the Scottish Parliament, welsh assembly,or Northern Irish assembly before legislating or for those nations on a devolved matter.
