Parliament and Parliamentary Sovereignty

Question 1

What are the three elements that make up the UK Parliament?

Answer 1

The House of Commons, the House of Lords, and the monarch.

Question 2

What are the main functions of Parliament?

Answer 2

Scrutinizing the government, passing legislation, debating key issues, approving government funding, and providing personnel for government.

Question 3

How is the House of Commons different from the House of Lords in terms of membership?

Answer 3

The House of Commons has 650 elected members, while the House of Lords is made up of about 800 peers, who are not elected.

Question 4

How are lifetime peers in the House of Lords appointed?

Answer 4

Lifetime peers are appointed by the monarch on the advice of the Prime Minister and the House of Lords Appointments Commission.

Question 5

How often must Parliament be summoned?

Answer 5

Parliament must be summoned every three years, but it typically meets throughout the year.

Question 6

What is the maximum length of a parliamentary term under the Parliament Acts of 1911?

Answer 6

The maximum length of Parliament is limited to five years.

Question 7

When can a general election be called before the five-year limit?

Answer 7

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.

Question 8

What is the first stage of the legislative process for a bill?

Answer 8

The first reading, where the bill is formally read out, printed, and published.

Question 9

What happens at the second reading of a bill?

Answer 9

The general principles of the bill are debated in the House of Commons.

Question 10

What happens at the committee stage of a bill?

Answer 10

A committee examines the bill in detail, and amendments can be made to its clauses.

Question 11

What is the third reading stage of a bill?

Answer 11

The amended bill is considered by MPs, and it is the final opportunity for MPs to vote on the bill.

Question 12

What happens after a bill passes the House of Commons?

Answer 12

The bill is sent to the House of Lords for further readings, committee stages, and debates.

Question 13

Can a bill go back and forth between the Houses of Commons and Lords indefinitely?

Answer 13

Yes, it can continue to pass between the Houses unless Parliament is dissolved or prorogued.

Question 14

What happens if the House of Lords disagrees with an amendment to a bill?

Answer 14

The Commons will usually disregard the amendment, and the Lords will accept it.

Question 15

How do the Parliament Acts of 1911 and 1949 affect the legislative process?

Answer 15

The Parliament Acts allow the Commons to pass a bill without the Lords’ consent in rare situations.

Question 16

What happens after both Houses of Parliament agree on a bill?

Answer 16

The bill receives Royal Assent and becomes an Act of Parliament.

Question 17

What does parliamentary sovereignty mean?

Answer 17

Parliament is the supreme lawmaking body, capable of making, repealing, or altering laws on any subject.

Question 18

Can Parliament bind a future Parliament or be bound by a previous one?

Answer 18

No, each Parliament is free to make its own laws and cannot be bound by its predecessor.

Question 19

What is the ‘Enrolled Act rule’ in relation to parliamentary sovereignty?

Answer 19

Once an Act of Parliament is entered onto the parliamentary role, the courts cannot question or declare it void.

Question 20

What powers does Parliament have over constitutional laws?

Answer 20

Parliament can override constitutional law, alter the Constitution, and operate retrospectively.

Question 21

What is meant by ‘express and implied repeal’ of laws?

Answer 21

A Parliament can expressly repeal an Act, and a more recent Act can impliedly repeal an earlier Act if there is inconsistency.

Question 22

What is the Thorburn v Sunderland City Council case about?

Answer 22

It suggested that constitutionally significant statutes cannot be impliedly repealed and require an express intention from Parliament to change them.

Question 23

What is the ‘manner and form’ debate in constitutional law?

Answer 23

This debate centers on whether Parliament can require a specific procedure or supermajority for enacting or repealing certain laws.

Question 24

What are some examples of domestic limitations on parliamentary sovereignty?

Answer 24

The Act of Union, devolution, and the limitations on implied repeal of constitutional statutes.

Question 25

How does devolution limit parliamentary sovereignty?

Answer 25

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.

Question 26

What are some European limitations on parliamentary sovereignty?

Answer 26

Membership in the EU and the European Convention on Human Rights (ECHR) imposed limits on UK law, though these were adjusted after Brexit.

Question 27

What was the impact of the EU Withdrawal Act of 2018 on parliamentary sovereignty?

Answer 27

It converted EU law into domestic law (retained EU law) and maintained the supremacy of EU law in cases of conflict.

Question 28

What did the Retained EU Law Revocation and Reform Act of 2023 change?

Answer 28

It abolished the supremacy of EU law and converted retained EU law into assimilated law.

Question 29

How does the European Convention on Human Rights (ECHR) affect parliamentary sovereignty?

Answer 29

It impacts UK law through the Human Rights Act 1998, but domestic courts are not bound by the European Court of Human Rights’ rulings.

Question 30

What are the main privileges of the House of Commons?

Answer 30

Freedom of speech, immunity from legal proceedings, and control over its own composition and procedures (exclusive cognisance).

Question 31

What does parliamentary privilege protect MPs and Lords from?

Answer 31

It protects them from legal proceedings related to their speeches and actions within Parliament, including immunity from contempt of court.