Parliament and Parliamentary Sovereignty Flashcards
What is the maximum length of Parliament?
5 years
Fixed Terms Act provided for fixed days and terms for general election
What are the stages of the Legislative Process?
First reading
Second reading
Committee stage
Third reading
What happens at the first reading?
Purely formal stage at which bill is read out
What happens at the second reading?
Debate takes place on general principles of the bill
What happens at the committee stage?
Bill examined in further detail and amendments made to clauses
What happens at the third reading?
Consideration of amended bill by MPs
Final opportunity for MPs to vote
When does an Act come into effect following Royal Assent?
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
What is delegated legislation?
Every exercise of power to legislate that is conferred by or under an Act of Parliament
What are statutory instruments?
A means by which delegated legislation may be made by minister, which supplement the provisions of an Act of Parliament
What are the two most common procedures by which delegated legislation can come into effect without being voted on by either House?
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’
Does anyone have the power to set aside any legislation?
No - due to sovereignty of Parliament, no one can
Can a predecessor in Parliament bind a successor?
No
What is the Enrolled Act rule?
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
What power does the court have to investigate proceedings which have taken place in Parliament?
None
What is the meaning of a dualist system?
International law is only part of national law following statutory incorporation
What is the “Unlimited Competence” of Parliament?
Statute can override constitutional law / conventions; alter the constitution; operate retrospectively; abolish or curtail aspects of Royal Prerogative
What does it mean if a statute expressly repeals an earlier Act?
Either expressly states it is doing so, or wording makes it very clear this is the intention (even without explicitly stating its repealed)
What does it mean if a statute impliedly repeals an earlier Act?
There is an inconsistency between the two
What are some limitations on the doctrine of implied repeal?
Constitutionally significant statutes would require express intention for repeal
What are some domestic limitations on Parliamentary Sovereignty?
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)
What are some European limitations on Parliamentary Sovereignty?
EU Membership / retained EU law
European Convention on Human Rights
If a Bill violated Convention rights, what must the responsible minister do?
Make a statement on the proposed legislation’s compatibility with Convent rights
What are the main privileges of the House of Commons?
Freedom of speech
Right to control its own composition and procedures - “exclusive cognisance”
What is the impact of freedom of speech on MPs in Parliament?
MPs are immune from civil and criminal proceedings regarding anything they say in parliamentary proceedings
