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FLK 1 - Constitutional Law > Parliament > Flashcards

Parliament Flashcards

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1
Q

How many members form part of the House of Commons

A

650 elected members

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2
Q

Who is the Speaker of the House of Commons?

A

An MP chosen by all MP’s who must be impartial

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3
Q

When are general elections held?

A

25 days after dissolution of parliament

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4
Q

When is parliemtn dissolved under the Calling for Parliaments Act, 2022

A

Five years from the date it first meets, UNLESS dissolved earlier by the Monarch

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5
Q

Can the Monarch dissolve parliament?

A

Yes, under royal prerogative given to it by the Parliaments Act, 2022

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6
Q

What is the constitutional convention for the Monarch to dissolve Parliament?

A

The PM requests that the Monarch dissolved Parliament

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7
Q

When will PM ask the Monarch to dissolve parliament?

A

Usually in year four or five of that sitting if his party has a large majority OR if the government lose a vote of no confidence in the House of Commons

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8
Q

Who can be an MP

A
  1. Over 18
  2. Commonwealth Member or a Paddy
  3. Not a member of the House of Lords
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9
Q

Who can’t be an MP

A
  1. Members of House of Lords
  2. Members of Judiciary
  3. Civil Servants
  4. Members of the armed forces
  5. Police
  6. Members of other parliaments or legislatures
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10
Q

When can an MP be recalled?

A
  1. Conviction with prison sentence
  2. Suspension by the House of Commons for 10 days for misconduct
  3. Guilty of giving false/misleading information about their expenses
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11
Q

What is the recall procedure?

A

If a recall is triggered, the speaker notifies the MP’s constituency who may sign a recall petition. 10% of electorate sign, then recall occurs.

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12
Q

What type of members are in the House of Lords?

A
  1. Hereditary Peers (92)
  2. Life Peers
  3. Lords Spiritual
  4. Law lords
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13
Q

In Primary legislation, what is the purpose of the King’s Speech?

A

To outline the government’s legislative proposal for the upcoming session

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14
Q

Can a bill be passed over two sessions?

A

No, a bill must be passed in one session unless both houses agree to carry-over a bill to the next session

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15
Q

When does a parliamentary session end or begin?

A

When the Monarch, on the advice of the PM, exercises the Royal Prerogative of prorogation

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16
Q

Can a decision to unreasonably extend prorogation (suspension of parliament) be challenged in court?

A

Yes

17
Q

What is the Legislative Process (steps) in the House of Commons?

A
  1. First Reading
  2. Second Reading
  3. Committee Stage
  4. Report Stage
  5. Third Reading
  6. Consideration of Amendments (ping pong)
  7. Royal Assent
  8. Commencement
18
Q

What is the First Reading stage ?

A

Introduction/publication of the Bill and explanatory notes

19
Q

What is the Second Reading stage?

A

First debate on the principles of the Bill

20
Q

What is the Committee Stage

A

Line-by-line scrutineering where MP’s can table amendments which are debated and if approved, form part of the bill

21
Q

What are the two types of committees at the committee stage?

A
  1. Public Bill Committee of 16-30 MPs (proportional to House) which can recieve evidence from experts/groups about the bill
  2. Committee of the whole House for uncontroversional/urgent bills
22
Q

What is the Report Stage?

A

Bill goes from committee to the House and is considered in the chamber.

23
Q

Can amendments be made at Report Stage?

A

Yes, but only limited amendments that have NOT been debated previously.

24
Q

What is the Third Reading stage?

A

Final review before going to the other house. In house of lords, it is final chance for amendments to be made

25
Q

What is the Consideration of Amendments stage?

A

Ping-pong stage when bills move between houses

26
Q

Can only English MP’s vote on bills for English laws?

A

No, this was abolished in July 2021

27
Q

What is the Salisbury Convention?

A

If government are implementing a bill reflecting their manifesto promise, the House of Lords will grant a second reading to the bill and will not block the legislation (but can propose amendments)

28
Q

What is the Suspensory Veto Under Parliament Acts 1911-1949

A

If HoL blocks legislation already passed by HoC which is re-introduced in next session and again blocked, the bill is sent to Monarch for Royal Assent (i.e. suspensory, not absolute veto)

29
Q

If there is no commencement provision in an Act, when does it take effect?

A

On the date that it is granted Royal Assent

30
Q

What is secondary legislation?

A

Legislation made by executive by virtue of power granted to it to do so in an Act

31
Q

What are the two procedures for passing secondary legislation?

A
  1. Negative resolution procedure
  2. Affirmative resolution procedure
32
Q

What is the negative resolution procedure?

A

Draft is laid before the houses, and if no objection is voted on within 40 days of being laid, it comes into effect

33
Q

What is the positive resolution procedure?

A

Draft is laid before the houses, and both houses must vote in favour of it to pass

34
Q

Can amendments be made to draft secondary legislation under the positive resolution procedure?

A

No

35
Q

Do the Parliament Acts 1911 to 1949 apply to Secondary legislation, stopping the HoL from blocking it?

A

No, HoL can block

36
Q

What are Henry VIII Powers?

A

Powers granted to government to amend primary legislation

37
Q

Can secondary legislation be challenged in court and struck down?

A

Yes

38
Q

Name some features of parliamentary privilege?

A
  1. Free speech
  2. Sub judice rule - MPs and peers don’t comment on cases which are before the courts during debates
39
Q

What is the exception to parliamentary privilege in statutory interpretation?

A

Use by the courts of parliamentary debates to aid interpretation of statute

FLK 1 - Constitutional Law (11 decks)

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