Parliament and Parliamentary Sovereignty Flashcards
What are the three elements that make up the UK Parliament?
The House of Commons, the House of Lords, and the monarch.
What are the main functions of Parliament?
Scrutinizing the government, passing legislation, debating key issues, approving government funding, and providing personnel for government.
How is the House of Commons different from the House of Lords in terms of membership?
The House of Commons has 650 elected members, while the House of Lords is made up of about 800 peers, who are not elected.
How are lifetime peers in the House of Lords appointed?
Lifetime peers are appointed by the monarch on the advice of the Prime Minister and the House of Lords Appointments Commission.
How often must Parliament be summoned?
Parliament must be summoned every three years, but it typically meets throughout the year.
What is the maximum length of a parliamentary term under the Parliament Acts of 1911?
The maximum length of Parliament is limited to five years.
When can a general election be called before the five-year limit?
A general election can be called earlier if there is a vote of no confidence in the government or if the Prime Minister advises the monarch to dissolve Parliament.
What is the first stage of the legislative process for a bill?
The first reading, where the bill is formally read out, printed, and published.
What happens at the second reading of a bill?
The general principles of the bill are debated in the House of Commons.
What happens at the committee stage of a bill?
A committee examines the bill in detail, and amendments can be made to its clauses.
What is the third reading stage of a bill?
The amended bill is considered by MPs, and it is the final opportunity for MPs to vote on the bill.
What happens after a bill passes the House of Commons?
The bill is sent to the House of Lords for further readings, committee stages, and debates.
Can a bill go back and forth between the Houses of Commons and Lords indefinitely?
Yes, it can continue to pass between the Houses unless Parliament is dissolved or prorogued.
What happens if the House of Lords disagrees with an amendment to a bill?
The Commons will usually disregard the amendment, and the Lords will accept it.
How do the Parliament Acts of 1911 and 1949 affect the legislative process?
The Parliament Acts allow the Commons to pass a bill without the Lords’ consent in rare situations.
What happens after both Houses of Parliament agree on a bill?
The bill receives Royal Assent and becomes an Act of Parliament.
What does parliamentary sovereignty mean?
Parliament is the supreme lawmaking body, capable of making, repealing, or altering laws on any subject.
Can Parliament bind a future Parliament or be bound by a previous one?
No, each Parliament is free to make its own laws and cannot be bound by its predecessor.
What is the ‘Enrolled Act rule’ in relation to parliamentary sovereignty?
Once an Act of Parliament is entered onto the parliamentary role, the courts cannot question or declare it void.
What powers does Parliament have over constitutional laws?
Parliament can override constitutional law, alter the Constitution, and operate retrospectively.
What is meant by ‘express and implied repeal’ of laws?
A Parliament can expressly repeal an Act, and a more recent Act can impliedly repeal an earlier Act if there is inconsistency.
What is the Thorburn v Sunderland City Council case about?
It suggested that constitutionally significant statutes cannot be impliedly repealed and require an express intention from Parliament to change them.
What is the ‘manner and form’ debate in constitutional law?
This debate centers on whether Parliament can require a specific procedure or supermajority for enacting or repealing certain laws.
What are some examples of domestic limitations on parliamentary sovereignty?
The Act of Union, devolution, and the limitations on implied repeal of constitutional statutes.
How does devolution limit parliamentary sovereignty?
Devolution has granted legislative powers to Scotland, Wales, and Northern Ireland, and the UK Parliament will generally not legislate on devolved matters without their consent.
What are some European limitations on parliamentary sovereignty?
Membership in the EU and the European Convention on Human Rights (ECHR) imposed limits on UK law, though these were adjusted after Brexit.
What was the impact of the EU Withdrawal Act of 2018 on parliamentary sovereignty?
It converted EU law into domestic law (retained EU law) and maintained the supremacy of EU law in cases of conflict.
What did the Retained EU Law Revocation and Reform Act of 2023 change?
It abolished the supremacy of EU law and converted retained EU law into assimilated law.
How does the European Convention on Human Rights (ECHR) affect parliamentary sovereignty?
It impacts UK law through the Human Rights Act 1998, but domestic courts are not bound by the European Court of Human Rights’ rulings.
What are the main privileges of the House of Commons?
Freedom of speech, immunity from legal proceedings, and control over its own composition and procedures (exclusive cognisance).
What does parliamentary privilege protect MPs and Lords from?
It protects them from legal proceedings related to their speeches and actions within Parliament, including immunity from contempt of court.
