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SQE > Memorizing Cards > Flashcards

Memorizing Cards Flashcards

1
Q

Principle of “Rule of law” means

A
  • 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
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2
Q

Main constitutional principles

A
  • Separation of powers
  • Rule of law
  • Parliamentary sovereignty
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3
Q

Basic elements of Principle Parliamentary sovereignty

A
  • P makes/unmakes any laws
  • No one can set aside act of P
  • No parliament binds successors
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4
Q

House of commons has…members

A

650

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5
Q

Terms for the Parliament is…years

A

5

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6
Q

What is the usual sequence to pass a Bill

A

1st reading
2nd reading
Committee stage
Report stage
3rd reading
Consideration of amendments (ping-pong)
Royal assent

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7
Q

What is a difference between 1 2 3 readings?

A

1 - just introduction, 2 - first debates, 3 review before next house 1st reading

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8
Q

What is Salisbury convention?

A

House of lords will grant a second reading if the Bill is in course of elections

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9
Q

How many days draft should lay before both Houses for Negative resolution?

A

40

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10
Q

What is Henry VIII Powers

A

Power of government to amend primary legislation (minor amendments.

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11
Q

Sub Judicie rule means

A

During debates in either houses it is forbidden to refer to ongoing case

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12
Q

Principles of Royal Prerogative

A
  • 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
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13
Q

Three major groups of prerogative powers

A

Ministerial
personal
Archaic (dolphins/swans)

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14
Q

Ministerial prerogative is to:

A
  • Acquire and cede territory
  • Conducting diplomacy
  • appointment of High Commissioners
  • Use of Armed forces, declaration of war
  • PM appoint and remove ministers
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15
Q

Examples of how Royal prerogative is regulated

A
  • 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)
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16
Q

How International treaty becomes binding?

A

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

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17
Q

What is Cardinal convention

A

Monarch always acts on PM advice, even if disagrees

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18
Q

Carltona doctrine means

A

If Parliament grants power to minister, it is clear that power will be exercised by civils

19
Q

What devolved institutions exist?

A
  • Scottish Parliament and Government
  • Welsh Parliament and Government
  • nIreland Assembly and Executive
20
Q

What is required to cancel devolved institutions?

A

Scotish and Welsh - Parliament + referendum

21
Q

Sewel convention is

A

Parliament normally asks Legislative consent motion before legislating on devolved matters

22
Q

Who refers bill to Supreme court for nIreland

A
  • Advocate general
  • Attorney general
23
Q

Who refers bill to Supreme court for Scotland

A
  • Advocate general
  • Attorney general
  • Lord Advocate
24
Q

Who refers bill to Supreme court for Wales

A
  • Attorney general
  • Counsel general
25
Q

What are main 3 questions court should answer before/during the case

A
  1. If application meets requirement
  2. What are the grounds
  3. Appropriate remedy
26
Q

Requirements for judicial review:

A
  1. Claim against Public body
  2. Correct procedure during application was used
  3. Are there grounds for refusal based on NO substantial change of outcome
  4. Time limits for application observed
  5. Is issue reviewable (not hypothetic)
  6. Issue is not on factual merits
  7. Claimant has standing
  8. Court is last resort
27
Q

What are the time limits to submit for judicial review

A

Promptly!
3 months - general
6 weeks - planning decision

28
Q

Types of grounds for judicial review

A
  • Illegality
  • procedural impropriety
  • unreasonableness (red hair)
  • breach of legitimate expectations
29
Q

Illegality as ground for judicial review includes:

A
  • Error of law
  • Failure on Specific legal duty (i.a. Duty of Equality)
  • Unlawful delegation of powers
  • Irrelevant considerations
  • Ultra vires (out of power)
30
Q

Ouster clauses means

A

clauses in statutes stating that decision of executive cannot be challenged. Lawful - cannot

31
Q

Types of duties to consult

A
  • statutory
  • promised
  • established practice
  • failure will lead to unfairness
32
Q

Name absolute rights under HRA 1998

A
  • To life
  • no Torture
  • no Slavery
  • no retrospective in Criminal
33
Q

Name limited rights under HRA 1998

A
  • Liberty and security
  • Fair trial
34
Q

Name qualified rights under HRA 1998

A
  • respect of private life
  • thought and religion
  • Expression
  • Assembly
  • Marry
  • no discrimination
  • property
  • education
  • elections
  • no death penalty
35
Q

Cases when limited rights can be limited:

A
  • detention convicted in criminal
  • arrest/detention those failed with court order
  • arrest/detention reasonably suspected crime / prevent
  • prevent spreading virus
36
Q

Test to define if qualified right can be limited:

A
  1. Aim to limit is important
  2. Measures are designed to meet aim
  3. Interference is no more necessary to accomplish aim
  4. Measure is reasonable and balanced (not excessive)
37
Q

What is the mirror principle in context of HRA 1998

A

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

38
Q

What is limitation period to submit claim under HRA 1998

A

1 year

39
Q

How many days notice required for Public procession

A

6

40
Q

Maximum term of ban on procession is

A

3 months

41
Q

Conditions to consider Trespassory Assembly

A
  • 20+ people
  • Land no/limited access to public
  • no permission of occupier
  • serious disruption
42
Q

UK joined EU
UK left EU

A

1972
2020 (31 Jan)

43
Q

Transition period in Brexit was by

A

31 Dec 2020

SQE (5 decks)

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