Parliament, Parliamentary sovereignty and Devolution Flashcards
What is the significance of parliament acts 1911 and 1949
They restricted the lords role in vetoing parliamentary bills
What is delegated legislation?
Secondary legislation put through by government ministers without going through parliament.
How often must parliament meet?
Legally must meet 3 times per year.
What is collective ministerial responsibility?
Should remain a united front on policy.
Describe parliamentary sovereignty
No parliament can be bound by predecessor or bind its successor, no act can be entrenched or given higher status.
What is the enrolled act rule?
Once act of parliament has been passed, courts will not question validity of the act or hold it as void.
How can parliament repeal previous acts
Either through express repeal or through implicit repeal if new act contradicts it. (cannot implicitly repeal constitutional statutes).
What is qualified privilege?
Allows freedom of communication without the risk of defamation. (Parliament)
What is parliamentary privilege?
Protection against action or statements in the course of their legislative duties.
What are the main sections of Human rights act 1988?
Sec 1 = incorporates ECHR rights into our legal system
Sec 2 = Requires UK courts to take into account decisions in ECHR
Sec 3 = legislation must be read in compatibility
Sec 4 = Courts can make declaration of incompatibility
Sec 10 = Fast track procedure to amend
Sec 19 = Comment on compatibility when passing act.
What are Scotland powers under devolution?
Can legislate on all areas not reserved (Modify union, other territory, ECHR)
Sewel convention
Westminster will not normally legislate on devolved matters in Scotland and Wales.
How quickly can the monarch assent a moneys bill?
The monarch can assent a moneys bill within one month of the house of lords reading it regardless of their approval.
What does exclusive cognisance means ?
Parliament controls its own processes and procedures
