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SQE 1 > Constitutional - Parliament > Flashcards

Constitutional - Parliament Flashcards

1
Q

What is the formation of parliament?

A
  1. House of Commons
  2. House of Lords
  3. Monarch
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2
Q

What is the role of the speaker of the house of commons?

A
  1. Maintain order during debates
  2. Enforce compliance with parliamentary procedures
  3. Politically impartial
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3
Q

What is the purpose of general elections?

A
  1. Selecting MPs
  2. Selecting which party forms government
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4
Q

When are general elections held?

A

25 working days after parliament is dissolved

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5
Q

What is dissolution of parliament?

A

When parliament ended - no more legislation passed

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6
Q

When is parliament dissolved?

A

5 years after the date it first meets (Dissolution and Calling of Parliaments Act 2022)

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7
Q

When can parliament be dissolved earlier and by who?

A

Monarch if
1. Parliament has large majority in 4/5th year
2. Loses vote of no confidence in the commons

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8
Q

Who is excluded from being a member of the House of Commons?

A
  1. Under 18s
  2. Citizens / parliament members of non-commonwealth countries
  3. Members of HoL
  4. Members of judiciary
  5. Civil servants
  6. Police force
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9
Q

What is a by-election?

A

In between election a seat becomes vacant so constituency votes for new member

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10
Q

What triggers a recall petition?

A

If an MP:
1. Convicted of offence and sentenced to prison
2. Suspended by the Hoc for 10 days for misconduct
3. Guilty of providing false information of expenses

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11
Q

What is needed for a by election to be called from a recall petition?

A

More than 10% of electorate to sign the petition

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12
Q

What are the categories of the house of lords?

A
  1. Hereditary Peers - passed down through family (Duke, Earl, Viscount)
  2. Life peers - elected by monarch / PM (Baron)
  3. Lords Spiritual - bishops of Church of England
  4. Law lords - Lord of Appeal in Ordinary (HoL court)
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13
Q

What is the Kings speech?

A
  1. Opening of parliament’s new session (1 session per year for 5 years)
  2. Outlines government’s proposals for following session
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14
Q

Why are parliamentary sessions significant?

A

A bill must pass HoC, HoL and receive Royal Assent before the end of the session which the bill was first introduced

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15
Q

What happens if a Bill is not passed in the session it was created in?

A

It will be lost and have to re-start the process in the next session

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16
Q

What is the exception to the general rule that a bill must become law within the parliamentary session it is introduced?

A

If the House of Commons or the House of Lords agree to carry-over the bill to the next session

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17
Q

What is prorogation?

A

Royal prerogative power exercised by the Monarch on advice of PM to end a parliamentary session

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18
Q

What are the stages of the legislative process which take place within both the House of Lords and the House of Commons?

A
  1. First reading
  2. Second reading
  3. Committee stage
  4. Report stage
  5. Third reading
  6. Royal Assent
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19
Q

What happens at the first reading?

A
  1. Bill is formally introduced
  2. Text of Bill and explanatory notes outlining governments intentions
20
Q

What happens at the second reading?

A

Bill is debated in the House of Commons

21
Q

What happens at the committee stage?

A

Bill is scrutinised line by line and MPs suggest amendments

22
Q

What are the 2 types of Committee?

A
  1. Public bill committee (16-30 members)
  2. Committee of the Whole House - uncontroversial or urgent bills
    (HoL only have committee of whole house)
23
Q

What happens at report stage?

A

Bill reconsidered in chamber

24
Q

What happens at the third reading?

A

Final reading before going to the other house for the first reading

25
Q

Who considers any amendments made to a bill?

A

The House which first considered the bill

26
Q

What is ‘Ping Pong’

A

The back and forth between the houses if amendments cannot be agreed

27
Q

When is royal assent granted?

A

Monarch grants royal assent when the Bill has been approved by both Houses

28
Q

Can Ireland, Wales and Scotland vote on English legislation affecting England only?

A

Yes

29
Q

What is the Salisbury convention?

A

If a government bill is implementing a commitment made in a party manifesto, the House of Lords will always grant a second reading, but also retain the right to make amendments at a later stage

30
Q

What the House of Lord’s suspensory veto under the Parliament Acts 1911-1949?

A

If the House of Lords block a piece of legislation passed by the House of Commons, and the bill is reintroduced in the next session, any further House of Lords blocks are irrelevant, and the bill is sent for Royal Assent

31
Q

What is the one condition for the suspensory veto to not be available to the House of Lords to block legislation a second time?

A

A year needs to have elapsed between the bill’s Second Reading in the first session and the Third Reading in the second session

32
Q

What are sunset clauses?

A

Provisions of an act expire on certain dates so Parliament can review.

33
Q

What are commencement provisions?

A

Gives government power to bring legislation into force at a later date (type of secondary legislation)

34
Q

What is secondary legislation?

A

Legislation made by government under the authority of an Act of Parliament

35
Q

What are the two procedures which secondary legislation is made?

A
  1. Negative resolution procedure
  2. Affirmative resolution procedure
36
Q

How is secondary legislation enacted under the negative resolution procedure?

A

Draft is laid before the Houses.

Will take effect unless within 40 days either house rejects it

37
Q

How is secondary legislation enacted under the affirmative resolution procedure?

A

Draft is laid before the Houses.

Will take effect if both houses expressly vote in favour

38
Q

Can the House of Commons debate secondary legislation under affirmative resolution procedure?

A

Yes

39
Q

Can amendments to the draft legislation be made by either house under negative or affirmative resolution procedure?

A

No

40
Q

Do the Parliament Act 1911-1949 apply to secondary legislation, and what is the effect of this?

A

No - HoL can block legislation

41
Q

What are Henry VIII Powers?

A

Powers granted to government to amend primary legislation (only minor amendments in practice)

42
Q

What is the issue with Henry VIII powers?

A

Possible breach of separation of powers with executive becoming legislature

43
Q

What is the primary impact of secondary legislation being made by government and not Parliament?

A

Can be struck down by the courts if legislation goes beyond power granted to the government.

44
Q

What is the sub judicie rule?

A

MPs and Peers do not refer to cases which are currently before the courts during debates

45
Q

What is an exception to parliamentary privilege?

A

Courts refer to official records of debates in Parliament to help interpret legislation

46
Q

What are the requirements for the courts to refer to parliamentary debates?

A
  1. Legislation unclear
  2. Statement from minister which assists court
  3. Statement is sufficiently clear

SQE 1 (24 decks)

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