English Legal System: Textbook Flashcards
If the House of Commons wants to use the Parliaments Acts procedure to bypass the consent of the house of lords, are there any additional requirements they must fulfil before presenting the bill for royal assent?
a Bill cannot be presented for Royal Assent without progressing through the correct procedures, which here would be the Speaker of the Commons’ certification that the requirements of the Parliament Acts have been met
Does the principle of exclusive cognisance extend to all types of bad behaviour?
No, while MPs can be disciplined using Parliament’s own procedures in many respects, CRIMINAL ACTS are disciplined in the usual way
To be a Minister, does an individual need to be a member of the house of commons or the house of lords?
While in theory, a minister need not be either a member of the House of Commons nor the House of Lords, in practice, ministers by convention must be members of either House in order to be accountable to Parliament
Who can be a lord chancellor?
NEED NOT BE A LAWYER but must have experience (as decided by PM)
a. experience as a minister of the crown
b. experience as a member of either house of parliament
c. experience as qualifying practitioner
d. experience as a teacher of law in a university
e. any other experience the prime minister considers relevant
Can primary legislation alter legal rues retrospectively?
Yes potentially (Burmah Oil Co)
When must a court of appeal judge depart from the CoA’s earlier decisions (wrt Supreme Court)
Whilst the Court of Appeal is ordinarily bound by its earlier decisions, it must depart from those decisions which, although not expressly overruled, cannot in its opinion stand with a decision of the Supreme Court.
Principle of Parliamentary Sovereignty: Binding Future Parliaments
The principle of Parliamentary Sovereignty includes that no Parliament can bind its successors as each Parliament is sovereign at the time that it makes a law.
Role of the Solicitor General
The Solicitor General supports the Attorney General across the range of his responsibilities. This includes: deputising for the Attorney General and being responsible for such matters as the Attorney General delegates to him; providing support to the Attorney General in his superintendence of the Government Legal Department, the Crown Prosecution Service, the Service Prosecuting Authority, HM Crown Prosecution Service Inspectorate and the Serious Fraud Office; providing support to the Attorney General on civil litigation and advice on civil law matters and on the public interest function.
Can UK Courts review the exercise of prerogative powers?
Yes, so long as they are justiciable
(ie. matters concerning international treaties are non-justiciable)
Salisbury Convention
The Salisbury Convention requires the House of Lords to allow the government to pass legislation which is based on promises made to the electorate in an election.
Qualification of a District Judge
5 year right of audience
When will a complex MC court case be hosted by only one individual?
If this individual is a district judge
Can single district judges convict defendants in the MC?
Yes
Does the Crown Court bind any other court / itself?
The CC binds no one but will be strongly persuaded by its OWN previous decisions on points of LAW
A civil appeal is heard by 3 Court of Appeal Judges, 2 find in favour of the judgement and 1 finds against - will the judgement be enforced?
Yes, only a majority is needed in the CoA with three judges
