Parliament and Parliamentary Sovereignty

Question 1

What is the maximum length of Parliament?

Answer 1

5 years

Fixed Terms Act provided for fixed days and terms for general election

Question 2

What are the stages of the Legislative Process?

Answer 2

First reading
Second reading
Committee stage
Third reading

Question 3

What happens at the first reading?

Answer 3

Purely formal stage at which bill is read out

Question 4

What happens at the second reading?

Answer 4

Debate takes place on general principles of the bill

Question 5

What happens at the committee stage?

Answer 5

Bill examined in further detail and amendments made to clauses

Question 6

What happens at the third reading?

Answer 6

Consideration of amended bill by MPs

Final opportunity for MPs to vote

Question 7

When does an Act come into effect following Royal Assent?

Answer 7

At midnight on the date of royal assent, unless a commencement date is specified within the act or a commencement order is made by a government minister

Question 8

What is delegated legislation?

Answer 8

Every exercise of power to legislate that is conferred by or under an Act of Parliament

Question 9

What are statutory instruments?

Answer 9

A means by which delegated legislation may be made by minister, which supplement the provisions of an Act of Parliament

Question 10

What are the two most common procedures by which delegated legislation can come into effect without being voted on by either House?

Answer 10

Affirmative resolution procedure: The instrument either cannot come into effect, or ceases
to have effect, unless one or both Houses passes a resolution approving the instrument

Negative resolution procedure: The Government is required to ‘annul’ the instrument if
either House passes a resolution rejecting the instrument within a specified period (usually
40 days) after it is ‘laid before Parliament’

Question 11

Does anyone have the power to set aside any legislation?

Answer 11

No - due to sovereignty of Parliament, no one can

Question 12

Can a predecessor in Parliament bind a successor?

Answer 12

No

Question 13

What is the Enrolled Act rule?

Answer 13

Once an Act of Parliament has been entered onto the Parliamentary roll, the courts will not question the validity of the Act or hold the Act to be void

Question 14

What power does the court have to investigate proceedings which have taken place in Parliament?

Answer 14

None

Question 15

What is the meaning of a dualist system?

Answer 15

International law is only part of national law following statutory incorporation

Question 16

What is the “Unlimited Competence” of Parliament?

Answer 16

Statute can override constitutional law / conventions; alter the constitution; operate retrospectively; abolish or curtail aspects of Royal Prerogative

Question 17

What does it mean if a statute expressly repeals an earlier Act?

Answer 17

Either expressly states it is doing so, or wording makes it very clear this is the intention (even without explicitly stating its repealed)

Question 18

What does it mean if a statute impliedly repeals an earlier Act?

Answer 18

There is an inconsistency between the two

Question 19

What are some limitations on the doctrine of implied repeal?

Answer 19

Constitutionally significant statutes would require express intention for repeal

Question 20

What are some domestic limitations on Parliamentary Sovereignty?

Answer 20

The Acts of Union

Devolution
Acts of Independence (former colonies)

Debates regarding entrenchment (i.e. whether an earlier parliament can bind a future parliament as to the procedure required to enact legislation)

Question 21

What are some European limitations on Parliamentary Sovereignty?

Answer 21

EU Membership / retained EU law

European Convention on Human Rights

Question 22

If a Bill violated Convention rights, what must the responsible minister do?

Answer 22

Make a statement on the proposed legislation’s compatibility with Convent rights

Question 23

What are the main privileges of the House of Commons?

Answer 23

Freedom of speech

Right to control its own composition and procedures - “exclusive cognisance”

Question 24

What is the impact of freedom of speech on MPs in Parliament?

Answer 24

MPs are immune from civil and criminal proceedings regarding anything they say in parliamentary proceedings

Question 25

What does “exclusive cognisance” mean with regards to Parliamentary proceedings?

Answer 25

Parliament has sole control over all aspects of its own affairs: to decide for itself what
procedures it should adopt, whether any of its procedures have been breached and, if so,
what the consequences will be