Parliamentary Law Making

Question 1

What are the 3 branches of Parliament?

Answer 1

• House of Lords
• House of Commons
• The Monarchy

Question 2

What kind of constitution is the UK?

Answer 2

Unwritten

Question 3

What are 3 key principles to underpin the UKs unwritten constitution

Answer 3

• Parliamentary Sovereignty
• Rule of Law
• Separation of Powers

Question 4

What is Parliamentary Sovereignty?

Answer 4

Sovereignty is the principle of absolute and unlimited power

According Dicey (1885), parliamentary sovereignty consists of 3 elements:
- Parliament may make or unmake any law it wishes
- No parliament can bind future parliaments
- No one may question the validity of an Act of Parliament

Question 5

Can parliamentary sovereignty be limited and how?

Answer 5

• Membership of the EU- EU law takes precedence over UK law
• The Human Rights Act 1998- Brings the ECHR (European Court of Human Rights) into UK law.
• Devolution- Parliament is no longer sovereign over the domestic affairs of Scotland and Wales under The Scotland Act 1998 and The Government of Wales Act 1998. They can now make their own laws for their own countries.

Question 6

What is the Rule of Law?

Answer 6

Dicey also explained the 3 components of the rule of law:
- No sanction without breach
- One law should govern everyone
- Rights of individuals are secured by judges.

Question 7

What is separation of powers?

Answer 7

Montesquieu (1748)
- The Legislature (parliament)
- The executive (government and local authorities)
- The Judiciary