Constitutional Principles

Question 1

Name the three main constitutional principles?

Answer 1

1. Separation of powers
2. Rule of Law
3. Parliamentary Supremacy

Question 2

What is parliamentary supremacy?

Answer 2

Parliamentary acts are the highest source of law

Question 3

Name the three key elements of Parliamentary Supremacy?

Answer 3

1. Parliament can make or unmake ANY law
2. No person or body can override or set aside an Act of Parliament
3. No parliament can bind its successors

Question 4

Can parliament redefine itself under Parliamentary Supremacy?

Answer 4

Yes

Question 5

How does international law take effect in the UK?

Answer 5

Once a treaty is signed AND made effective through an Act of parliament

Question 6

Before the Human Rights Act, 1998, where could a Brit go to allege a breach of the ECHR?

Answer 6

European Court of Human Rights, because the ECHR did not form part of UK law

Question 7

Can parliament enact legislation that applies internationally?

Answer 7

Yes

Question 8

Should parliament enact legislation retrospectively, and can it?

Answer 8

It should not, but it can

Question 9

Can a court set-aside an Act?

Answer 9

No

Question 10

What are the two constraints on Parliamentary Sovereignty?

Answer 10

1. People - who can vote out parliament if they enact legislation that is too extreme
2. Courts

Question 11

How do the courts constrain Parliamentary Sovereignty?

Answer 11

By interpreting legislation on presumption that Parliament intended to legislation in accordance with rule of law

Question 12

What is the Enrolled Bill Rule

Answer 12

Once legislation passes both houses and receives Royal Assent, it cannot be declared invalid by a court, even if incorrectly passed, so long as it appears on the parliamentary roll

Question 13

What is Parliamentary Privilege in a nutshell?

Answer 13

The right of parliament to regulate itself, for example, procedural irregularities are not decided upon by courts

Question 14

Is EU Law a source of law in the UK?

Answer 14

Yes, for the period from 1972 to 2020 via the European Communities Act

Question 15

How was EU law binding in the UK?

Answer 15

EU Law was made a source of law

Any law made by the EU automatically be binding

Local law needed to be interpreted in accordance with EU law

Question 16

What happened if a UK Act conflicted with EU Law

Answer 16

The courts DISAPPLIED it because Parliament voluntarily accepted its limitation of its sovereignty

Question 17

The UK Parliament is Bicameral, what does that mean?

Answer 17

Two houses (i) Lords and (ii) Commons

Question 18

Name two purposes of Parliament

Answer 18

(i) Pass law
(ii) Scrutinize government (Executive)

Question 19

What is the Executive?

Answer 19

Government - responsible for implementing laws as enabled by Acts and Royal Prerogative

Question 20

How do courts fit in to the separation of powers checks and balances?

Answer 20

Determine the powers of different bodies within the constitution

Checks on the executive through judicial review

Question 21

Under the rule of law, there is no punishment without a breach of law, what preference in law does this give rise to with respect to government power?

Answer 21

Preference for the law to determine the actions of government rather than giving discretionary authority to the decision-maker

Question 22

What is Parliamentary Privilege

Answer 22

Exception to the rule of law and a collection of rules that apply only to members of the houses of commons and lords which cannot be regulated or challengedin court.

Question 23

Under the rule of law, should the court be able to review the implementation of other principles of the rule of law?

Answer 23

Yes

Question 24

Do fundamental rights give effect to the rule of law?

Answer 24

Yes

Question 25

How can fundamental rights be affected?

Answer 25

Only by an Act of Parliament expressly affecting those rights

Question 26

How do the courts interpret law with respect to fundamental rights?

Answer 26

They will always interpret law to give effect to fundamental rights, unless an Act explicitly limits those rights

Question 27

What happens if an Act conflicts with the Human Rights Act?

Answer 27

The court issues as declaration of incompatibility and parliament may, but not always, amends the Act to comply with Human Rights

Question 28

What is judicial review?

Answer 28

The process by which actions/decisions by public authorities can be reviewed for legality