Parliamentary sovereignty Flashcards

1
Q

What are three main elements of Parliament?

A

House of Commons
House of Lords
Monarch

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2
Q

What is the composition of the House of Commons?

A

650 elected MPs

The Speaker

The Prime Minister and cabinet ministers (included within the elected MPs)

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3
Q

When can an MP be removed from their seat?

A
  1. When they are convicted of an offence and receive a custodial sentence
  2. Following a report from the Committee on Standards
  3. The MP is convicted of providing false or misleading information for allowances claims
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4
Q

What is the composition of the House of Lords?

A

The Lords Temporal (around 700 life peers and 92 hereditary peers)

The Lords Spiritual (26 senior members of the clergy of the Church of England)

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5
Q

What is the maximum life of a Parliament?

A

5 years, although it can be dissolved sooner by the Monarch at the request of the Prime Minister.

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6
Q

What is the legislative procedure to pass a public bill?

A

First reading
Second reading
Committee stage
Third reading
Proceedings in the HOL
Royal Assent

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7
Q

What happens at the First Reading of a public bill?

A

This is purely a formality

The title of the bill is read out, printed and published

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8
Q

What happens in the Second Reading of a public bill?

A

The main debate takes place in the House of Commons on the general principles of the bill

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9
Q

What happens in the Committee Stage of a public bill?

A

The bill is referred to a general committee consisting of 16-50 members appointed by the Committee of Selection.

Important bills or bills which require little discussion because they are uncontroversial may be referred to the Committee of the Whole House.

The purpose is to examine the bill in detail and amends may be made.

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10
Q

What happens in the Third Reading stage of a public bill?

A

Consideration of the amended bill.

Amends may be made orally.

This is the final opportunity to vote on the bill - often MPs do not.

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11
Q

What happens when the bill reaches the HOL during a public bill?

A

The process repeats except in the HOL, except the Committee Stage will consist of the Committee of the Whole House.

When the bill has received its third reading, it must be sent back to the Commons if the Lords have made any amendments.

It can be sent back and forth numerous times, but if the Commons restores the original wording the Lords will usually accept it.

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12
Q

What happens in the Royal Assent stage of a public bill?

A

A bill then becomes law and is referred to as an Act of Parliament.

It will commence on the date set in the legislation or determined by delegated legislation under the Act.

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13
Q

What are private bills?

A

Bills which relate to matters of individual, corporate or particular persons or locality.

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14
Q

When can a bill be passed for Royal Assent without HOL consent?

A

Under the Parliament Acts 1911 and 1949, Royal Assent to a bill can be given which lacks the consent of the HOL, provided the Speaker has certified the provisions of the Acts have been complied with.

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15
Q

What bills can be passed over to the Monarch for Royal Assent?

A

Money bills i.e. public bills dealing only with national taxation or supply - can be passed to the Monarch one month after being passed to the Lords.

Other public bills if the HOL have rejected it in two successive sessions - the bill can be sent to the Monarch. A year must elapse between the second reading in the HOC and third reading in the second session.

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16
Q

What is delegated legislation and how is it created?

A

Rules or regulations often by way of statutory instruments which supplement the Act of Parliament.

The Act will confer powers on a minister who can put forward the delegated legislation.

17
Q

What are the two main ways delegated legislation can be passed?

A

Affirmative resolution procedure

Negative resolution procedure

18
Q

What is affirmative resolution procedure?

A

The instrument cannot come into effect, or ceases to have effect unless one or both Houses pass a resolution approving the instrument.

19
Q

What is negative resolution procedure?

A

The Government is required to ‘annul’ the instrument if either House passes a resolution rejecting the instrument within a specified period (usually 40 days) after it is ‘laid before Parliament’.

20
Q

What is parliamentary sovereignty?

A

Parliament is the supreme law-making body and may enact or repeal laws on any subject.

21
Q

Within parliament, can a predecessor bind a successor?

A

No - no Act can be entrenched or given a higher status than any other Act.

22
Q

What happens if an Act of Parliament contradicts an earlier Act?

A

The doctrine of implied repeal will apply.

23
Q

What is the doctrine of implied repeal?

A

Where an Act of Parliament will impliedly repeal the provisions of an earlier Act to the extent of any inconsistency between the two Acts.

24
Q

What is retained EU law?

A

All EU law in force at the end of the transition period which has been converted into domestic law.

25
Q

What happens when there is an Act of Parliament that conflicts with EU law?

A

From 1 January 2024, any Acts of Parliament that conflict with EU law will prevail over all EU regulations whenever adopted.

All UK legislation adopted after the transition period always prevails over EU law.

26
Q

What are the domestic limitations on the supremacy of Parliament?

A

Devolution

The concept of constitutional statutes cannot be impliedly repealed

The ‘manner and form’ debate

Henry VIII powers

The rule of law

27
Q

What are Henry VIII powers?

A

These powers permit ministers to make changes to Acts of Parliament by delegated legislation. This is contrary to the principle of parliamentary sovereignty.