Memorizing Cards Flashcards
Principle of “Rule of law” means
- Law applied fairly
- Government acts according to the law
- Law has no retrospective effect
- No punishment w/o breach of the law
- No person above the law
- Law is accessible, clear and predictable
Main constitutional principles
- Separation of powers
- Rule of law
- Parliamentary sovereignty
Basic elements of Principle Parliamentary sovereignty
- P makes/unmakes any laws
- No one can set aside act of P
- No parliament binds successors
House of commons has…members
650
Terms for the Parliament is…years
5
What is the usual sequence to pass a Bill
1st reading
2nd reading
Committee stage
Report stage
3rd reading
Consideration of amendments (ping-pong)
Royal assent
What is a difference between 1 2 3 readings?
1 - just introduction, 2 - first debates, 3 review before next house 1st reading
What is Salisbury convention?
House of lords will grant a second reading if the Bill is in course of elections
How many days draft should lay before both Houses for Negative resolution?
40
What is Henry VIII Powers
Power of government to amend primary legislation (minor amendments.
Sub Judicie rule means
During debates in either houses it is forbidden to refer to ongoing case
Principles of Royal Prerogative
- No new prerogative can be created
- when overlap with Statute - statute prevails
- prerogative cannot be used to Thwart intention of Parliament
- cannot be used to change the law
- statutes are not binding Crown unless expressly mentioned
Three major groups of prerogative powers
Ministerial
personal
Archaic (dolphins/swans)
Ministerial prerogative is to:
- Acquire and cede territory
- Conducting diplomacy
- appointment of High Commissioners
- Use of Armed forces, declaration of war
- PM appoint and remove ministers
Examples of how Royal prerogative is regulated
- Ratification of international treaties (Statute regulates)
- Cardinal convention - monarch acts on PM advise (Convention regulation)
- deployment of Armed forces (asks support of House of commons) (Convention regulation)
- Monarch appoints PM (Convention regulation)
How International treaty becomes binding?
To be ratified by Parliament;
- to be laid before Parliament 21 days
- 21 days passed, no vote against - G can ratify
- if vote against - explain and another 21 days (Lords excluded)
- exceptional cases - bypass Parliament
What is Cardinal convention
Monarch always acts on PM advice, even if disagrees
Carltona doctrine means
If Parliament grants power to minister, it is clear that power will be exercised by civils
What devolved institutions exist?
- Scottish Parliament and Government
- Welsh Parliament and Government
- nIreland Assembly and Executive
What is required to cancel devolved institutions?
Scotish and Welsh - Parliament + referendum
Sewel convention is
Parliament normally asks Legislative consent motion before legislating on devolved matters
Who refers bill to Supreme court for nIreland
- Advocate general
- Attorney general
Who refers bill to Supreme court for Scotland
- Advocate general
- Attorney general
- Lord Advocate
Who refers bill to Supreme court for Wales
- Attorney general
- Counsel general
What are main 3 questions court should answer before/during the case
- If application meets requirement
- What are the grounds
- Appropriate remedy
Requirements for judicial review:
- Claim against Public body
- Correct procedure during application was used
- Are there grounds for refusal based on NO substantial change of outcome
- Time limits for application observed
- Is issue reviewable (not hypothetic)
- Issue is not on factual merits
- Claimant has standing
- Court is last resort
What are the time limits to submit for judicial review
Promptly!
3 months - general
6 weeks - planning decision
Types of grounds for judicial review
- Illegality
- procedural impropriety
- unreasonableness (red hair)
- breach of legitimate expectations
Illegality as ground for judicial review includes:
- Error of law
- Failure on Specific legal duty (i.a. Duty of Equality)
- Unlawful delegation of powers
- Irrelevant considerations
- Ultra vires (out of power)
Ouster clauses means
clauses in statutes stating that decision of executive cannot be challenged. Lawful - cannot
Types of duties to consult
- statutory
- promised
- established practice
- failure will lead to unfairness
Name absolute rights under HRA 1998
- To life
- no Torture
- no Slavery
- no retrospective in Criminal
Name limited rights under HRA 1998
- Liberty and security
- Fair trial
Name qualified rights under HRA 1998
- respect of private life
- thought and religion
- Expression
- Assembly
- Marry
- no discrimination
- property
- education
- elections
- no death penalty
Cases when limited rights can be limited:
- detention convicted in criminal
- arrest/detention those failed with court order
- arrest/detention reasonably suspected crime / prevent
- prevent spreading virus
Test to define if qualified right can be limited:
- Aim to limit is important
- Measures are designed to meet aim
- Interference is no more necessary to accomplish aim
- Measure is reasonable and balanced (not excessive)
What is the mirror principle in context of HRA 1998
UK courts must
- take into account any judgement of ECtHR,
- take the approach that reflects the decision of ECtHR
- interpret legislation as interpreted by ECtHR
What is limitation period to submit claim under HRA 1998
1 year
How many days notice required for Public procession
6
Maximum term of ban on procession is
3 months
Conditions to consider Trespassory Assembly
- 20+ people
- Land no/limited access to public
- no permission of occupier
- serious disruption
UK joined EU
UK left EU
1972
2020 (31 Jan)
Transition period in Brexit was by
31 Dec 2020
