Brainscape's Knowledge GenomeTM

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


See full index

Constitutional, Administrative & EU Law > Parliament and Parliamentary Sovereignty > Flashcards

Parliament and Parliamentary Sovereignty Flashcards

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

What are Parliaments main functions?

A

o Scrutinise work of the government
o Pass legislation
o Debate key issues
o Approving government funding to carry out statutory duties and legislative proposals
o Provide the personnel for government

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

What does Parliament consist of?

A

House of Commons
House of Lord
Monarch

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

Give some key details about the House of Commons

A
  • Representative and elected body. Members are elected by attaining the most votes in the general election of their respective constituencies (the ‘first past the post’ system’)
  • The Speaker is the chair at the HOC
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What convention is relevant to the Speaker of the HoC?

A

o By convention, the speaker carries out their duties impartially (i.e. ruling on procedural points and controlling debate)

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

How many minster can be in the HoC? What limits this?

A

Limited to 95 by statute

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

Give some key details about the House of Lords

A

Not elected and not representative

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Who sits in the House of Lords?

A

Lord Temporal and Lord Spiritual

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are Lord Temporal?

A

Hereditary peers & life peers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is a hereditary peer?

A

Someone who has inherited their peerage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is a life peer?

A

Someone nominated by the PM and appointed by the Monarch.

They cannot pass on their peerage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is a Lord Spiritual?

A

26 senior clergy of the Church of England

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How often must parliament meet?

A

By law, every three years

By convention, they meet more frequently because taxes require annual review and political reality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the maximum life parliament has?

A

By law, a general election must take place every 5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

How is Parliament’s time divided?

A

Parliament is usually sub-divided into several year-long ‘sessions’, beginning and ending in the spring.

A ‘sitting’ is the daily meeting of either House. At the end of each sitting day, the House adjourns until the next sitting.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How does a Parliamentary session end?

A

A session ends when it is ‘prorogued’ by Royal Decree – this means all pending business is terminated. Any public bill that has not passed as law will normally lapse. It can be carried over if agreed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the Salisbury convention?

A

the HOL will not reject a bill giving effect to a major part of the democratically elected government’s manifesto

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When are the Parliament Acts used?

A

They allow the Monarch to give Royal Assent to a bill that lacks approval from HOL, so long as the Speaker of the HOC confirms the relevant provisions have been met.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What must be complied with in order for the Parliament Acts used re: all non-money bills?

A

All other bills - the bill must have been rejected by the HOL in two successive sessions and 1 year has passed since the second reading in the first session in the HOC and the third reading in the second session in the HOC (this does not apply to bills seeking to extended the duration of Parliament)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What must be complied with in order for the Parliament Acts used re: money bills?

A

Money bills - a money bill can be presented to the monarch for assent one month after being sent to the HOL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is a money bill?

A

A public bill certified by the speaker as dealing only with national taxation or supply

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is delegated legislation?

A

when the provision of an Act of Parliament confers power on a minister to make delegated / subordinate legislation, like a statutory instrument

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What powers do Parliament have in relation to delegated legislation?

A

The HOL & HOC cannot amend any delegated legislation, they can only scrutinise it using the parliamentary procedure set out in the Act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Where can the relevant parliamentary procedure for delegated legislation be found?

A

In the ‘parent’ / ‘enabling’ act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are the most common parliamentary procedures in related to delegated legislation?

A
  1. Affirmative resolution procedure
  2. Negative resolution procedure
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is the affirmative resolution procedure?

A

the instrument cannot come into effect / ceases to have effect unless one or both of the houses pass a resolution approving the instrument

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is the negative resolution procedure?

A

the Government must 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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What are the key components to Parliamentary sovereignty?

A

o Parliament is the supreme law-making body and may enact or repeal laws on any subject

o No Parliament may be bound by its predecessor or bind a successor. A particular act cannot be entrenched or given higher status than another.

o No other person or body may question the validity of an act or declare is unlawful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Where did the concept of Parliamentary sovereignty come from and how has it evolved?

A

It was first introduced by the Bill of Rights and has evolved through case law, specifically the ‘enacted rule’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What is the enacted rule?

A

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

29
Q

When may the court hear a case which involves consideration of an Act of Parliament?

A

If there is an issue of statutory interpretation regarding the act

30
Q

What is meant by the ‘legislative competence of Parliament’? Give examples.

A

According to Dicey, there are no limits to Parliament’s legislative power. Examples:

o Statute may override international law and constitutional conventions, alter the constitution and operate retrospectively

o Statute may abolish or curtail aspects of the royal prerogative

31
Q

What is meant by express repeal doctrine?

A

the principle that where a new act of parliament expressly states so, the old act is repealed

32
Q

What is meant by implied repeal doctrine?

A

the principle that if there is inconsistency between an old act and a new act, it will be implied that the new act has repealed the old act (to the extent of the inconsistency)

33
Q

What is a constitutional statute?

A

a statute that significantly affects fundamental rights and duties or otherwise the relation between citizen and state or sets up state institutions

34
Q

What does the doctrine of implied repeal not apply to?

A

Constitutional statutes

LJ Laws *suggested that constitutional statutes are of such significance that the courts would require actual intention from Parliament to change them, not implied intention.

This view has been supported by the Supreme Court in the obiter of three cases.

35
Q

What are limitations to the doctrine of parliamentary sovereignty?

A
  • Acts of Union
  • Devolution
  • Acts of Independence
  • Limits on the doctrine of implied repeal
  • EU law
36
Q

What are the acts of union?

A
  • The Acts of Union was passed by English and Scottish Parliaments in 1707, this lead to the creation of the UK to be called ‘Great Britain’
  • An Act of Union was passed in 1801 with Ireland
37
Q

What are the two types of statute?

A

Ordinary and constitutional

37
Q

Why do people argue the acts of union limit parliamentary sovereignty?

A

Some argue that this limits PS because P cannot legislate so as to override the Acts of Unions provisions

38
Q

Why do people argue devolution limit parliamentary sovereignty?

A

Because certain powers are devolved to Scotland, Wales and Northern Ireland

38
Q

What are the acts of independence?

A

These are acts that were passed in the 20th century and granted independence to former colonies of the British empire

39
Q

Why do people argue the acts of independence limit parliamentary sovereignty?

A

In strict legal terms, the Parliament could reverse this legislation but it is unlikely they would consider repealing this.

40
Q

What is the manner and form debate?

A

can a parliament bind its successors as to the procedure to be adopted when repealing legislation?

41
Q

What is the position regarding the manner and form debate?

A

There are arguments to support both sides. Case law has confirmed this position is unclear, as there was divergent opinion between two judges.

42
Q

Why do people argue Henry VII powers limit parliamentary sovereignty?

A

Because they allow ministers (part of the executive) to make / change law, rather than Parliament

42
Q

What are Henry VIII powers?

A

These are powers within legislation that permit a relevant government minister to make changes to Acts of Parliament by delegated legislation, without needing to refer back to the Parliament

43
Q

Why do people argue the rule of law limits parliamentary sovereignty?

A

In case law, a judge said parliamentary sovereignty was not absolute and could be limited by the judges in extreme cases.

44
Q

On what basis did a judge say parliamentary sovereignty could be limited by judged?

A

The judge said the doctrine of parliamentary sovereignty was a ‘construct of common law’ (i.e. created by judges) and so judges could qualify the principle in exceptional circumstances to prevent Parliament from legislating in a way that was contrary to the rule of law i.e. if Parliament tried to enact legislation to abolish judicial review

This is not a concrete position and subject to debate

45
Q

Why do people argue that being part of the EU limited parliamentary sovereignty?

A

Because EU law had supremacy

46
Q

What is the current position in relation to supremacy of EU law?

A

Any legislation enacted after the end of the transition period prevailed over EU law

Since 1 January 2024, all domestic law prevails over EU law, whenever it was adopted

47
Q

How does the Human Rights Act 1998 impact parliamentary sovereignty?

A
  • Section 1 - lists the articles of the convention incorporated into UK law
  • Section 2 - domestic courts must take into account judgments of the ECtHR but they are not bound by them
  • Section 3 - primary and secondary legislation must be interpreted in accordance with the ECHR so far as it is possible to do so
    o Case law has shown that the courts are prepared to stretch the meaning of legislation to make it compatible with the ECHR (therefore, attempting to uphold PS)
  • Section 4 - the courts can make a declaration of incompatibility with HRA 1998 (this does not invalidate the act)
  • Section 10 - if a declaration of incompatibility is made, the government can use the fast-track procedure under s10 to amend the legislation if there are compelling reasons to do so. The government is not obliged to do this.
  • Section 19 - a minister who introduces a new bill must, before the second reading of the bill, make a statement that its provisions are compatible with the ECHR or if they cannot make such a statement, ask the HOC to proceed with the bill anyway.
48
Q

What is parliamentary privilege?

A

This grants certain rights and legal immunities for both houses to allow them to perform their duties without outside interference.

49
Q

What are the main parliamentary privileges?

A

o Freedom of speech
o The right to control its own composition and procedures (‘exclusive cognisance’)
o Freedom of arrest

50
Q

What is the purpose of the parliamentary privilege ‘freedom of speech’?

A

To allow parliamentarians say things in parliamentary proceedings without threat of civil or criminal proceedings

51
Q

Who does parliamentary privilege freedom of speech apply to?

A

Parliament officials and non-members such as witnesses before a committee

52
Q

What does parliamentary privilege ‘freedom of speech’ cover?

A

This is absolute privilege which covers anything said in ‘proceedings in parliament’, i.e.:
o debates, questions and committee proceedings
o generally, ancillary matters (including words spoken or written) taken outside the main proceedings but are of necessity and connected to the proceedings
o official reports of proceedings in Parliament and committee proceedings

53
Q

What effect does parliamentary privilege ‘freedom of speech’ have?

A

It gives relevant persons immunity in legal proceedings and they do not need to divulge information which would otherwise be disclosable

They also have protection against contempt of court where they have disclosed information which could not otherwise have been lawfully disclosed

54
Q

Give an example of the effect of parliamentary privilege ‘freedom of speech’

A

In a debate, an MP named Philip Green as the alleged attacker in sexual assault, despite an injunction in place. The MP was protected from legal proceedings due to parliamentary privilege.

55
Q

Does parliamentary privilege extend to communications between MPs and their constituents?

A

The court has held no. However, if the communication was in connection to ‘parliamentary proceedings’, then it may attract privilege.

56
Q

What is qualified privilege?

A

This is a defence to a defamation action.

It provides that a statement cannot be made the subject of an action for defamation because it was made on a privileged occasion and was not made maliciously, for an improper motive

57
Q

How is qualified privilege relevant to parliamentary privilege?

A

Debates in parliamentary proceedings attract absolute privilege.

The court have held that fair and accurate reports of parliamentary proceedings had qualified privilege

58
Q

What is parliamentary privilege ‘freedom of speech’?

A

The principle that Parliament can speak freely in debates without legal consequences. This is an absolute privilege.

59
Q

What is an absolute privilege?

A

The principle that in certain circumstances, an individual is immune from liability for defamatory statements.

60
Q

What is the Pepper v Hart rule and why is it relevant here?

A

Rule - where an act is obscure or ambiguous, the courts can look at Hansard to aid construction.

Relevance - prior to this case, using Hansard in this way would have been a breach of parliamentary privilege

61
Q

What is exclusive cognisance? Give examples.

A

That Parliament has control over all aspects of its affairs, i.e.:
o It can decide what procedures to adopt
o Whether any of these have been breached
o What the consequences of such a breach would be
o Discipline MPs (i.e. suspending them for misconduct)
o Right to punish MPs and non-members for contempt of Parliament (i.e. any conduct that might substantially prevent or hinder work of either House)

62
Q

What is an example of the court’s approach to exclusive cognisance?

A

The courts will not question the validity of an act on the basis correct procedures were not followed

63
Q

What is a recent case law decision relating to exclusive cognisance?

A

Re: the MP expenses scandal. The Supreme Court held that neither Art 9 Bill of Rights or the right to exclusive cognisance affected the Crown Court’s jurisdiction to try MPs on false accounting of their expenses.

The Supreme Court said that Parliament had never claimed the exclusive right to deal with criminal conduct within Parliament, even where it related to Parliamentary proceedings.

64
Q

What is parliamentary privilege ‘freedom from arrest’?

A

MPs are protected from civil arrest while parliament is in session, but this does not include arrests for criminal offences

65
Q

What are the Prime Ministers Questions?

A

A constitutional convention held weeklong in the House of Commons where MPs ask questions of the PM

66
Q

Are things said in the Prime Minister’s Questions protected by privilege?

A

Yes, because they are part of the core business of Parliament

Constitutional, Administrative & EU Law (10 decks)

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