Parliament Flashcards
Recall petitions
Process whereby a MP can be removed from their seat and for a by- election to follow.
How often are parliament summoned and how long can you stay as an MP?
Parliament must be summoned every 3 years.
Maximum life of a parliament is 5 years.
Importance of House of Commons
More important than HOL because they are directly elected.
Prime minister will sit in the House of Commons.
Most cabinet and junior government ministers will also be drawn from the commons.
Prorogation
Terminates all business pending at the end of a session.
What is delegated legislation?
Every exercise of power to legislate that is conferred by or under an act of parliament.
May be made by ministers in the form of rules or regulations.
Neither house of parliament can amend delegated legislation.
Enrolled act rule
Once an act of parliament has been entered onto the parliamentary roll, the courts will not question the validity of that act or hold the act to be void.
Express repeal of statute
If a later parliament expressly repeals the contents of an act made by an earlier parliament, that earlier act will no longer be valid.
What is implied repeal of statute and what is the limitation?
If a later parliament passes an act that contradicts the contents of an act made by an earlier parliament, but does not expressly repeal that earlier act.
Limitation - does not include constitutional statutes, the court would require actual intention from parliament to change them.
Regulations
Issued by the EU, are directly applicable and automatically binding in all member states without the need for any further legislation in the member states.
Directives
Set out objectives to be achieved and oblige member states to pass domestic legislation themselves to implement those objectives
Decisions
Directly binding in the same way as regulations but only on those to whom they are addressed, which may be member states, companies or individuals.
Proportionality
Measures taken by Union institutions and member states when implementing EU law should be appropriate and necessary for achieving a given aim.
Vertical direct effect
EU law being enforced against the state or a state body.
Must be sufficiently clear, precise and unconditional and must not require additional measures.
Horizontal direct effect
EU law being enforced against private bodies.
Are the EU legislations capable of having vertical and horizontal direct effect?
Regulations and decisions are capable of both.
Directives can only have vertical direct effect.
