Features of UK constitution/constitutional principles Flashcards
What is the Ram Doctrine
They give the government powers needed to carry on the ordinary business of government which are not explicitly authorised by statute or royal prerogative
Are all significant rules of the constitution regulated by legislation and common law?
No, sometimes they are regulated by rules known as constitutional conventions
How do constitutional conventions arise? Give one example of a constitutional convention.
They arise out of previous practise. People follow these conventions because of the criticism it would trigger if they were not followed. An example is how the power to appoint the PM belongs to the Monarch - but the monarchs choice is regulated by a series of constitutional conventions.
What are the three main principles of the constitution?
Separation of powers, rule of law, parliamentary sovereignty.
what are the three basic elements of parliamentary sovereignty?
- Parliament has the right to make and unmake any law whatsoever
- No person or body is recognised as having the right to override or set aside an Act of Parliament
- No Parliament can bind its successors
If a UK resident, while abroad, commits an act, which, if it had taken place in the UK would have been an offence under the Act, such as rape or sexual assault, could they still be charged in the UK?
Yes. This is due to the principle of extra-territoriality of Acts of Parliament.
Parliament can enact legislation that has effect beyond the boundaries of the UK.
Can Parliament redefine itself by passing an Act?
Yes. Parliament can redefine itself due to the principle that Parliament can make or unmake any rule whatsoever.
What powers is given to Parliament through the Parliament Acts 1911-1949?
Usually, legislation must be passed by the House of Commons, House of Lords, and then recieve Royal Assent from the Monarch. However, the Parliament Act provide an alternative method to enact an Act of Parliament that requires consent of the House of Commons only.
Can Parliament pass a legislation which can be described as ‘unconstitutional’?
Yes. This is due to the principle that no one can set aside an Act of Parliament. If Parliament enacts legislation which is outrageous or unethical, the courts cannot intervene and overturn (or strike-down) that legislation.
What is the condition for an international treaty to have domestic effect?
For an international treaty to have domestic effect, it needs to be incorporated into domestic law through an Act of Parliament.
What are two constraints on Parliaments powers?
- The People
Given that the House of Commons is elected, members of the House of Commons who pass any outrageous legislation are unlikely to be popular at the next general election.
-The Courts
A significant function of the court is to interpret legislation.
The courts interpret legislation on the presumption that Parliament has intended to legislate on accordance with the principle of the rule of law.
If legislation stated that the decision of a commission set up by Parliament should not be ‘called into question in any court of law’, how would a court interpret this?
Due to the principle of the rule of law, the court can interpret this as meaning that only a legally valid decision of the Commission could not be questioned by a court; the court could still consider the underlying legality of a decision.
In this way, the court gave an interpretation that best reflected the rule of law, which includes the notion that decisions made by public authorities should be capable of being challenged.
What is the principle of the Enrolled Bill rule?
The Courts do not question the validity of legislation.
Will the Courts still give effect to an Act even if there was a procedural irregularity in either the House of Commons or House of Lords when enacting the Legislation?
Yes. This is due to the Enrolled Bill rule. This is also an aspect of Parliamentary privilege, whereby the procedures of the House of Commons and House of Lords are largely a matter for them, rather than the courts.
If an Act of Parliament regulating the sale of fruit was passed in 1980, and a further Act of Parliament which created further rules for the sale of fruit was enacted in 1998, if there was a conflict between the Acts, which would take precedence?
The rule passed in 1998 would take precedence - because they will be found to have impliedly repealed the conflicting, older legislation.
This is due to the principle that no parliament can bind its successors.
What is the principle of the separation of powers?
The executive, legislature and judiciary are separate in terms of their function and personnel.
Who forms the Legislature?
House of Commons, House of Lords, Monarch
Who forms the Executive?
Government
Who forms the judiciary?
The Courts
What is the role of the Legislature?
Laws to govern the country are made by the legislature. This function is fulfilled by Parliament.
What is the role of the Executive?
The executive is responsible for implementing the law and governing according to the law as enacted by Parliament and as provided for by the royal prerogative.
Local councils exist as a regional form of government across the UK.
What is the role of the Judiciary?
Interprets the law and resolves legal disputes.
Would the court be able to decide whether the government had the power, under the royal prerogative, to notify the EU of its intention to leave the Union or whether an Act of Parliament was required?
Yes. One aspect of the role of the judiciary is to be able to determine the respective powers of different bodies within the constitution.
Is the rule of law absolute?
No. It is a principle that informs the law. It is open, in theory, for the doctrine of parliamentary sovereignty to mean that the requirements of the rule of law can be departed from.
