Final Review: Con Law

Question 1

What does it mean to say the UK has an “uncodified” constitution?

Answer 1

There is no single source of constitutional rules in the UK

Question 2

What things make up the UK Constitution?

Answer 2

Acts of Parliament
Common Law
Conventions

Question 3

What does the principle of the Rule of Law include?

Answer 3

• Law should be applied fairly
• Gov should act in accordance with the law
• Law should not have retroactive effect

Question 4

What does it mean to say that the UK Constitution is not “entrenched”?

Answer 4

It does not have a higher status than other law.

Question 5

What is the Royal Prerogative?

Answer 5

A collection of powers recognised under common law as belonging to the crown

Question 6

What is the Ram Doctrine

Answer 6

Gov shall have the power to carry on ordinary business even if the power is not explicitly set out by statute or Royal Prerogative.

Question 7

Constitutional Conventions Quiz: If Parliament passes a bill and sends it for Royal Assent, what will the Monarch do?

Answer 7

They MUST give assent to the bill.

Question 8

Constitutional Conventions Quiz: If the PM advises the Monarch, must they follow the advice?

Answer 8

Yes

Question 9

Constitutional Conventions Quiz: Who may be government ministers?

Answer 9

They can only be appointed from among the members of Parliament

Question 10

Constitutional Conventions Quiz: If there is a policy failure, what must a government minister do?

Answer 10

They must “take responsibility” for policy failures, which may include stepping down.

Question 11

What is Devolution?

Answer 11

Parliament may legislate for the 4 nations of the UK, but Scotland, Wales, and N.Ireland can have their own legislatures and governments to develop their own laws.

Question 12

What is the Enrolled Bill Rule?

Answer 12

The courts will not question the validity of Acts of Parliament and must give effect to them.

Question 13

What is the idea of “fundamental rights” and can they ever be stripped?

Answer 13

The concept of “Fundamental Rights” provides that certain rights exist to give effect to the rule of law.

Parliament CAN interfere with these rights if they pass an Act of Parliament expressly stating that fundamental rights are to be breached.
- Otherwise, court will interpret legislation according to the rule of law.

Question 14

What can Courts do if an Act of Parliament cannot be interpreted to align with the Human Rights Act 1998?

Answer 14

They can make a Declaration of Incompatibility.

NOTE: This does not invalidate the law, just flags it for Parliament to consider amending.

Question 15

For how long are members of the House of Commons elected for?

Answer 15

5 Years, unless a motion of no confidence is passed earlier or Parliament is dissolved early.

Question 16

How is Parliament dissolved?

Answer 16

The Monarch will do this by convention, but only if the PM requests it (e.g., if the gov loses a vote of no confidence in the House of Commons)

Question 17

Who is in the House of Lords?

Answer 17

• 92 Hereditary Peers (Duke, Earl, Viscount, Baron)
• Life Peers (appointed by Monarch on PM’s advice)
• Lord Spirituals (26 most senior Bishops)

Question 18

What are the steps of passing a bill?

Answer 18

1. FIRST READING
   - Formal introduction of the bill into the chamber. Government publishes the text of the bill with explanatory notes.
2. SECOND READING
   - First opportunity for the bill to be debated. Takes place in HoC and all MPs can choose to participate.
3. COMMITTEE STAGE:
   - Bill is put before a committee and scrutinised line by line, amendments are suggested, and (if approved) are added to the bill.
   - There will be either a Public Bill Committee or a Committee of the Whole House
4. REPORT STAGE:
   - The bill is received from the committee and reconsidered in the chamber. MPs can raise concerns and further amendments can be made.
5. THIRD READING:
   - Final review of the bill before it is sent to the other house, who will start their first reading of the bill.
   - In the House of Lords, this is the last chance to make amendments
6. CONSIDERATION OF AMENDMENTS
   - Any amendments made by the other chamber must be sent back to the first chamber for approval.
7. ROYAL ASSENT
   - Once approved, the bill must receive Royal Assent to become law

Question 19

What is the Salisbury Convention?

Answer 19

If an elected government made a commitment in their manifesto, the House of Lords MUST grant a second reading to the bill and will not otherwise block the legislation.

NOTE: They can still make amendments to the bill

Question 20

What is a Suspensory Veto? (Parliament Acts 1911-1949)

Answer 20

If the HoL blocks legislations already passed in the HoC, and then during the next session of Parliament they veto the same bill put forward by the HoC, it will nonetheless be sent for Royal Assent.

Question 21

Can the HoC or the HoL amend secondary legislation?

Answer 21

NO

Question 22

Can Secondary Legislation be struck down?

Answer 22

YES (it is not made by Parliament)

Question 23

What is Parliamentary Privilege?

Answer 23

No member of Parliament can be challenged in court for anything said in Parliament.
- Applies to all members of Parliament
- Does NOT prevent a court from referring to the official record to help interpret legislation.

Question 24

What is the Sub Judicie rule?

Answer 24

It is a convention the prohibits MPs from referring to cases which are currently before the courts during debates.

Question 25

Who is the "Crown"

Answer 25

- Monarch - Ministers of government - Privy Counsel - Secretaries of State - Civil servants

Question 26

What happens if a Prerogative Power clashes with an Act of Parliament?

Answer 26

The Act of Parliament will always take precedence. Crown cannot rely on a prerogative power to thwart the intention of Parliament.

Question 27

Can Statutes bind the Crown?

Answer 27

Yes, but only if it EXPRESSLY says so or it obviously binds the Crown by implication.

Question 28

What are some examples of Ministerial Prerogative Powers?

Answer 28

- Granting passports - Giving pardons - Acquire/Cede territory - Deploy troops (today, they seek HoC support too) - Ratify treaties (subject to Parliament vote)

Question 29

What are some examples of Personal Prerogative Powers?

Answer 29

- Appointing PM (subject to convention) - Dismissing government - Granting Royal Assent

Question 30

What are some Miscellaneous Prerogative Powers?

Answer 30

- Right to mine precious minerals - Construct harbours - Mint coins - Ownership of animals over parts of the river Thames

Question 31

What are some examples of Legislative Prerogative Powers?

Answer 31

Passing Orders in Council by the Privy Counsel

Question 32

What are some examples of Judicial Prerogative Powers?

Answer 32

Appeals from Commonwealth nations to Judicial Committee of the Privy Counsel

Question 33

Process for ratifying a treaty

Answer 33

1. A draft of the proposed treaty must be laid before both Houses of Parliament 2. Both houses have 21 days to vote against ratification. 3. If either house votes against ratification, gov can explain why it still wants to ratify, and HoC has 21 days to reject. NOTE: This process can be bypassed in an "exceptional case"

Question 34

By convention, who qualifies to be a minister?

Answer 34

Ministers must usually have a seat in the House of Commons or the House of Lords. NOTE: If a minister is appointed who is not a member of either, they can be appointed as a life peer in the HoL.

Question 34

What is the Cardinal Convention?

Answer 34

Requires the Monarch to ALWAYS act on advice of ministers (particularly the PM). The monarch can disagree privately with the minister, but must support them publicly.

Question 34

Who appoints the new PM?

Answer 34

Technically the Monarch via their Prerogative Power, but by constitutional convention it will alway be the leader of the party with a majority of seats in the HoC.

Question 35

What are Cabinet Committees in relation to the Cabinet?

Answer 35

They are subcommittees established by the PM. Their decisions have the same authority as cabinet decisions.

Question 36

What is the Carltona Doctrine

Answer 36

Powers granted to a Secretary of State to administer legislative schemes can be exercised by civil servants within that department.

Question 37

What does the Privy Counsel do?

Answer 37

Advises the Monarch on how to exercise the Royal Prerogative Issues Orders of Council - Both Primary and Secondary legislation

Question 38

Orders in Council: Primary or Secondary legislation?

Answer 38

PRIMARY: Any Orders in Council made under the royal prerogative - E.g., Approving text of Royal Charters to create new public institutions SECONDARY: Any Orders in Council made under powers granted by statute

Question 39

How are members of the Privy Council appointed?

Answer 39

Appointments are made by the Monarch on advice of the PM They are appointed for life

Question 40

What does the Judicial Committee of the Privy Counsel do?

Answer 40

They hear appeals from independent commonwealth nations and British Overseas Territories. - This is a Royal Prerogative power

Question 41

How are members appointed to the Judicial Committee of the Privy Counsel?

Answer 41

They must be a Justice of the Supreme Court. NOTE: This makes the role of the Judicial Committee of the Privy Counsel sound very important, but it only plays a minor role in government. Remember, they only hear appeals from overseas territories.

Question 42

What is meant by the term "collective responsibility"?

Answer 42

1) Confidentiality of government discussions regarding policy (except in PMQT, where members of Parliament can ask questions about overall government conduct) 2) Unanimity of support of government policy from ministers

Question 43

Individual Responsibilities of Ministers

Answer 43

Duty not to mislead parliament Responsibility and accountability to Parliament for their department Expected to behave appropriately in their private lives, or expected to resign in they don't

Question 44

When must a minister give and account, when do they need to take responsibility

Answer 44

Policy failure = take responsibility, could mean resignation Operational failure = give an account + take steps to ensure it doesn’t happen again

Question 45

What would be required to repeal Devolution (i.e., for a nation to "leave" the UK)?

Answer 45

SCOTLAND & WALES: Act of Parliament + Referendum of devolving state NI: Referendum only (Good Friday Agreement)

Question 46

What is the Sewel Convention?

Answer 46

Usually, if Parliament wants to legislate on devolved matters, the consent of the affected nation is required via a "legislative consent motion". Under the Sewel Convention, Parliament can still adopt the legislation even if consent is not given.

Question 47

What happens if Parliament passes legislation that a devolved nation believes exceeded their power?

Answer 47

They can refer the matter to the UK Supreme Court

Question 48

What can the courts do if a devolved legislature exceeds their authority?

Answer 48

If a devolved legislature passes a law that (i) exceeds their authority, or (ii) is contrary to the ECHR, the courts can strike down the legislation as invalid

Question 49

What representatives from the devolved nations can refer a bill to the UK Supreme Court?

Answer 49

NI: - Advocate General for Northern Ireland - Attorney General for Northern Ireland Scotland: - Lord Advocate - Advocate General for Scotland - Attorney General Wales: - Counsel General - Attorney General NOTE: MUST be before Royal Assent is granted

Question 50

What is Judicial Review used to resolve?

Answer 50

Whether the process used by a public body to make a decision was within the law. NOTE: It is not used to resolve factual disputes or to scrutinise the merits of the decision.

Question 51

A person is seeking Judicial Review against a public body with whom they have a contract. Is JR available?

Answer 51

No, contract law will govern the dispute rather than JR.

Question 52

What are the 2 stages of Judicial Review?

Answer 52

- Permission stage - Full hearing stage

Question 53

Ground for refusing judicial review

Answer 53

Claimant’s outcome would not change substantially even if they were successful

Question 54

What is the time limit for bringing a judicial review claim?

Answer 54

Promptly, but not later than 3 months. - Court has discretion, they can refuse if they don’t think the claim was made promptly - For planning decisions, must be within 6 weeks

Question 55

Test for whether a claimant has standing for judicial review

Answer 55

Claimant must have a SUFFICIENT INTEREST in the issues raised. NOTE: This is reviewed at the planning stage NOTE: Remember the test for standing under the HRA is different (victim test)

Question 56

Can a group have standing for Judicial Review?

Answer 56

Usually not, unless the group is: - responsible - well resourced - has expertise, and - there is unlikely to be an alternative claimant A court will likely find sufficient interest.