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Law > Law Making > Flashcards

Law Making Flashcards

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1
Q

What is a Government?

A

A group of people who propose laws.

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2
Q

Types of Government

A

Constitutional Monarchy, Dictatorship, Democracy

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3
Q

How many MP’s are there?

A

650

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4
Q

What is Parliament?

A

Assembly of people with authority to make laws for a country.

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5
Q

When does a general election occur?

A

Every 5 years.

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6
Q

Why is Britain different to other Western Democracies?

A

Unwritten constitution

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7
Q

What do sources of our constitution include?

A

Acts of Parliament/Judicial Decisions/Customs (conventions)

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8
Q

What are Acts of Parliament?

A

Statutes - most powerful source of UK law

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9
Q

What are Judicial decisions?

A

Decisions made by judges

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10
Q

What are customs/conventions?

A

Traditions followed over time

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11
Q

What are the 3 principles of UK constitution?

A

Separation of Powers/Rule of Law/Parliamentary Sovereignty

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12
Q

What are the Separation of Powers?

A

State power is separated into Executive, judicial and legislative. Each type is exercised by different bodies of people.

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13
Q

What is Rule of Law?

A

No sanction without breach, one law should govern everyone and rights are secured by the decision of judges.

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14
Q

What is Parliamentary Sovereignty?

A

Parliament is Supreme with absolute and unlimited power.

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15
Q

What is the constitution?

A

Set of rules by which a country is governed.

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16
Q

Entrenched

A

Rules are difficult to repeal or modify.

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17
Q

Not Codified

A

UK does not have the constitution in a single document.

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18
Q

Who was Montesquieu?

A

claimed state power should be divided into three types.

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19
Q

Executive

A

Government

20
Q

Legislative

A

Parliament

21
Q

Judiciary

A

Judges

22
Q

Why was Separation of powers carried out?

A

To avoid abuse of power , conflict of interest and avoid dictatorship

23
Q

What Act rectified some of the issues relating to separation of powers?

A

Constitutional Reform Act 2005

24
Q

What was established in 2009?

A

A separate Supreme Court

25
Q

Why was a separate supreme court established?

A

To take the place of the judicial function of the House of Lords.

26
Q

What was established to appoint judges more fairly?

A

JAC (Judicial Appointments Commission)

27
Q

What is the highest Appeal Court?

A

Supreme Court

28
Q

Do we have true separation of powers in UK?

A

No as the PM is included and is the executive and legislative.

29
Q

What did the 2005 Constitutional Reform Act do?

A

Established separate Supreme Court in 2009.

30
Q

What Act eroded parliament supremacy?

A

European Communities Act, 1972

31
Q

How has Parliamentary Sovereignty been restored?

A

UK left EU in 2020

32
Q

What Act made judges attempt to interpret UK law?

A

Human Rights Act, 1998

33
Q

What does the ECHR do to parliamentary sovereignty?

A

Erodes it as judges are encouraged not to take literal approach when interpreting statutes.

34
Q

ECHR

A

European Convention of Human Rights

35
Q

What does leaving the EU mean for EU laws?

A

UK does not need to follow EU laws e.g., prisoners right to vote.

36
Q

What created the new Scottish Parliament?

A

Scotland Act 1998

37
Q

What other country other than Scotland was given independent legislation in 1998?

A

Northern Ireland

38
Q

What Act established a new body for Wales?

A

Government of Wales Act, 1998

39
Q

What granted the Senedd full law-making powers?

A

Part 4 of Government of Wales Act 2006

40
Q

Devolution

A

The transference of law making powers to a national parliament (Senedd).

41
Q

What is the role of the Supreme court in devolution?

A

Hears a complaints and can review legislation passed by the senedd.

42
Q

Example of No sanction without breach being upheld and breached

A

Bail and remand

43
Q

Example of ‘One law should govern everyone’ being upheld and breached

A

Boris Johnson and MPs partying during COVID and MPs expense scandal.

44
Q

Example of Rights of Individuals being upheld and breached

A

Legal aid availability and extraordinary rendition.

45
Q

Judicial Independence

A

Judges are independent of pressure from parliament or outside influences.

46
Q

Royal Prerogative

A

various powers that judges, in developing the common law, have seen as belonging to the monarch

47
Q

What does the Rules of natural justice uphold?

A

Rule of Law

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