Public Law Flashcards
Can the court enforce conventions?
No
e.g. Sewel Convention referred to in Scotland Act did not make it legally binding, it was an aknowledgement (R v Miller)
What is an identifying factor of a convention?
It has to be constitutionally significant
In which realm of breaching a convention will the consequences occur?
The political realm
Who sits in the House of Commons?
A representative elected body of 650 members from different political parties
Who sits in the House of Lords?
An unelected body of appointed life peers, hereditary peers and bishops
What is Parliament?
Supreme legislative in the UK
What are the key functions of Parliament?
- debate and scrutinise legislation
- propose amendments to legislation
- Extract information from the executive and hold it to account
- scrutinise public expenditure and taxation
When will Parliament be automatically dissolved?
After 5 years
By which two ways can a general election be triggered earlier than the dissolution of Parliament?
- PM requests the monarch to exercise his prerogative power to dissolve parliament
- Following a ‘vote of no confidence’
What threshold does a party need to reach to win a general election?
‘Overall majority’ meaning the number of seats won is more than the combined number of seats for all the other parties in the new Parliament.
Otherwise a hung Parliament
An MP behaves inappropriately in PMQs, what can the speaker do to enforce behaviour?
Suspend the MP
What are the two main types of Parliamentary committee?
Select Committee and Public Bill Committees
What is the best description of the Hosue of Lords?
They are primarily responsible for scrutinising and amending legislation
What is the most significant functional overlap between the executive and legislature’s powers?
The ability to create secondary legislation
