Constitutional Principles Flashcards
Name the three main constitutional principles?
- Separation of powers
- Rule of Law
- Parliamentary Supremacy
What is parliamentary supremacy?
Parliamentary acts are the highest source of law
Name the three key elements of Parliamentary Supremacy?
- Parliament can make or unmake ANY law
- No person or body can override or set aside an Act of Parliament
- No parliament can bind its successors
Can parliament redefine itself under Parliamentary Supremacy?
Yes
How does international law take effect in the UK?
Once a treaty is signed AND made effective through an Act of parliament
Before the Human Rights Act, 1998, where could a Brit go to allege a breach of the ECHR?
European Court of Human Rights, because the ECHR did not form part of UK law
Can parliament enact legislation that applies internationally?
Yes
Should parliament enact legislation retrospectively, and can it?
It should not, but it can
Can a court set-aside an Act?
No
What are the two constraints on Parliamentary Sovereignty?
- People - who can vote out parliament if they enact legislation that is too extreme
- Courts
How do the courts constrain Parliamentary Sovereignty?
By interpreting legislation on presumption that Parliament intended to legislation in accordance with rule of law
What is the Enrolled Bill Rule
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
What is Parliamentary Privilege in a nutshell?
The right of parliament to regulate itself, for example, procedural irregularities are not decided upon by courts
Is EU Law a source of law in the UK?
Yes, for the period from 1972 to 2020 via the European Communities Act
How was EU law binding in the UK?
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
What happened if a UK Act conflicted with EU Law
The courts DISAPPLIED it because Parliament voluntarily accepted its limitation of its sovereignty
The UK Parliament is Bicameral, what does that mean?
Two houses (i) Lords and (ii) Commons
Name two purposes of Parliament
(i) Pass law
(ii) Scrutinize government (Executive)
What is the Executive?
Government - responsible for implementing laws as enabled by Acts and Royal Prerogative
How do courts fit in to the separation of powers checks and balances?
Determine the powers of different bodies within the constitution
Checks on the executive through judicial review
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?
Preference for the law to determine the actions of government rather than giving discretionary authority to the decision-maker
What is Parliamentary Privilege
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.
Under the rule of law, should the court be able to review the implementation of other principles of the rule of law?
Yes
Do fundamental rights give effect to the rule of law?
Yes
How can fundamental rights be affected?
Only by an Act of Parliament expressly affecting those rights
How do the courts interpret law with respect to fundamental rights?
They will always interpret law to give effect to fundamental rights, unless an Act explicitly limits those rights
What happens if an Act conflicts with the Human Rights Act?
The court issues as declaration of incompatibility and parliament may, but not always, amends the Act to comply with Human Rights
What is judicial review?
The process by which actions/decisions by public authorities can be reviewed for legality
