Parliamentary Sovereignity

Question 1

How do constitutions protect individual human rights?

Answer 1

by enacting limits on government authorities that protect individual human rights. E.g., the Bill of rights and the humans rights act 1998

Question 1

2 examples of bills/acts that protect individual human rights

Answer 1

Humans rights Act 1998, the Bill of rights

Question 2

What type of democracy is the UK

Answer 2

Representative democracy

Question 3

Two thinkers that agree with a representitve democracy and believe the state should best represent its citizens

Answer 3

Locke and Thomas Jefferson

Question 4

Does Locke state that citizens should have the right to be free from the government interference (liberalism) in response to the relationship between citizens and the state

Answer 4

Yes

Question 5

What is parliamentary sovereignity

Answer 5

Supreme power to make laws and repeal them

Question 6

What is the rule of law

Answer 6

Equality under the law and human rights

Question 7

What is the seperation of powers

Answer 7

requires that the principal institutions of state— executive (the prime minister) , legislature and judiciary—should be clearly divided in order to safeguard citizens’ liberties and guard against tyranny.

Question 8

Is there a set definition for a constitution

Answer 8

No, the definitions of constitution are contended and all entail different strengths weaknesses.

Question 9

What does the university college london define a constitition as

Answer 9

They define a constitution as the rule book for a state.

Question 10

What is the functionalist definition of a constitution and who defines it.

Answer 10

The purpose (or function) of a constitution is to articulate and preserve a society’s fundamental moral principles - Ian loveland

Question 11

Constitutions can apply above and below the state. Give 3 examples

Answer 11

-International law
-Regional
-Locally

Question 11

Why cant parliament bind later parliaments?

Answer 11

Because parliament subsists overtime, therefore it cannot be used to bind parliament at later times. (The power of parliament remains the same and its powers do not cease as a matter of existing at one point in time)

Question 11

Two things the functionalist says a constition can do

Answer 11

1. A constitution sets up a type of state or political order;
2. A constitution sets up limitations on the state and on the exercise of power through the creation of institutions and rules;

Question 11

What does parliamentary sovereignity mean?

Answer 11

Parliament is the supreme law-making body and
that Parliament is the top political authority in the state.

Parliament can legislate on anything as they have unlimited legal “competence”

Question 11

What case shows that the courts are hesistent to interfere in parliamentary procedure?

Answer 11

Pickin v British Railways board

Question 11

Questions begged from parliamentary sovereignity

Answer 11

Was parliament always free?
Can parliament abolish itself or tie its hands in the future

Question 12

Sources of parliamentary sovereignity

Answer 12

• The English revolution 1688 and the events leading up to the Bill of rights 1689
  -From common law? No, statute entrenches the principle of parliamentary sovereignity., so as long as the courts exist, parliamentary sovereignity will too.

Question 12

What was the role of the bill of rights in limiting the crowns power?

Answer 12

It suspended and dispensed the power of the crime to parliament.

Question 12

What does article 9 of the bill of rights say

Answer 12

freedom of speech and debates and proceedings in Parliament ought not to be impeached or questioned in any court or place outside Parliament.

Question 12

Did the Acts of Union (between England and Scotland (1707) and Ireland and Britain (1800) constitute a fundamental law that limits what parliament can do?

Answer 12

No, parliamentary sovereignity remained intact. The act merged all parliaments into the parliament of the United Kingdom and redefined poltiical boundaries.

Question 12

2 Consequences of parliamentary sovereignity

Answer 12

• 1) No institution has the power to question the validity of a statute

Parliament passes the law and no other institution can question the statutes made
⇒ 2) If there is a conflict between an older and a newer statute, the newer statute will prevail

Question 13

What case affirms the fact that parliament cannot interfere with parliamentary sovereignity

Answer 13

Pickins v British Railway Board