Law Making Flashcards
What is a Government?
A group of people who propose laws.
Types of Government
Constitutional Monarchy, Dictatorship, Democracy
How many MP’s are there?
650
What is Parliament?
Assembly of people with authority to make laws for a country.
When does a general election occur?
Every 5 years.
Why is Britain different to other Western Democracies?
Unwritten constitution
What do sources of our constitution include?
Acts of Parliament/Judicial Decisions/Customs (conventions)
What are Acts of Parliament?
Statutes - most powerful source of UK law
What are Judicial decisions?
Decisions made by judges
What are customs/conventions?
Traditions followed over time
What are the 3 principles of UK constitution?
Separation of Powers/Rule of Law/Parliamentary Sovereignty
What are the Separation of Powers?
State power is separated into Executive, judicial and legislative. Each type is exercised by different bodies of people.
What is Rule of Law?
No sanction without breach, one law should govern everyone and rights are secured by the decision of judges.
What is Parliamentary Sovereignty?
Parliament is Supreme with absolute and unlimited power.
What is the constitution?
Set of rules by which a country is governed.
Entrenched
Rules are difficult to repeal or modify.
Not Codified
UK does not have the constitution in a single document.
Who was Montesquieu?
claimed state power should be divided into three types.
Executive
Government
Legislative
Parliament
Judiciary
Judges
Why was Separation of powers carried out?
To avoid abuse of power , conflict of interest and avoid dictatorship
What Act rectified some of the issues relating to separation of powers?
Constitutional Reform Act 2005
What was established in 2009?
A separate Supreme Court
Why was a separate supreme court established?
To take the place of the judicial function of the House of Lords.
What was established to appoint judges more fairly?
JAC (Judicial Appointments Commission)
What is the highest Appeal Court?
Supreme Court
Do we have true separation of powers in UK?
No as the PM is included and is the executive and legislative.
What did the 2005 Constitutional Reform Act do?
Established separate Supreme Court in 2009.
What Act eroded parliament supremacy?
European Communities Act, 1972
How has Parliamentary Sovereignty been restored?
UK left EU in 2020
What Act made judges attempt to interpret UK law?
Human Rights Act, 1998
What does the ECHR do to parliamentary sovereignty?
Erodes it as judges are encouraged not to take literal approach when interpreting statutes.
ECHR
European Convention of Human Rights
What does leaving the EU mean for EU laws?
UK does not need to follow EU laws e.g., prisoners right to vote.
What created the new Scottish Parliament?
Scotland Act 1998
What other country other than Scotland was given independent legislation in 1998?
Northern Ireland
What Act established a new body for Wales?
Government of Wales Act, 1998
What granted the Senedd full law-making powers?
Part 4 of Government of Wales Act 2006
Devolution
The transference of law making powers to a national parliament (Senedd).
What is the role of the Supreme court in devolution?
Hears a complaints and can review legislation passed by the senedd.
Example of No sanction without breach being upheld and breached
Bail and remand
Example of ‘One law should govern everyone’ being upheld and breached
Boris Johnson and MPs partying during COVID and MPs expense scandal.
Example of Rights of Individuals being upheld and breached
Legal aid availability and extraordinary rendition.
Judicial Independence
Judges are independent of pressure from parliament or outside influences.
Royal Prerogative
various powers that judges, in developing the common law, have seen as belonging to the monarch
What does the Rules of natural justice uphold?
Rule of Law
