Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

FLK 1 - Constitutional Law > Parliament > Flashcards

Parliament Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

How many members form part of the House of Commons

A

650 elected members

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Who is the Speaker of the House of Commons?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

When are general elections held?

A

25 days after dissolution of parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Can the Monarch dissolve parliament?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

The PM requests that the Monarch dissolved Parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions