Relationship and lawful limits on government institutions Flashcards
What is the role of the House of Lords?
Works with the House of Commons in legislation but is less powerful.
What do the Parliament Acts 1911-49 do?
Limit the House of Lords’ power to delay, not block, legislation.
What is the House of Lords’ power over Money Bills?
1-month delaying power.
What is a money bill?
A money bill in the UK Parliament is a public bill that deals with national taxation, public money, or loans, as determined by the Speaker of the House of Commons:
What is the House of Lords’ power over Non-money Bills?
1-year delaying power.
What is the exception to the Parliament Acts regarding the House of Commons?
The House of Commons cannot extend the parliamentary term beyond 5 years without the House of Lords’ consent.
What are the central government components?
The Monarch
Prime Minister
Ministers
Government Departments
Cabinet
Civil Service
Special Advisors
What is the nature of the Prime Minister’s office?
It is a constitutional practice rather than law, held concurrently with another recognized post (e.g., First Lord of the Treasury).
What are the powers of the Prime Minister?
Appoints or approves various positions (e.g., senior civil servants, Crown appointments), makes ministerial appointments, controls government machinery, and determines government priorities from 10 Downing Street.
What are ministerial offices?
Some predate the office of the Prime Minister and are staffed by the civil service, funded by the Treasury.
How are government departments created?
They are created by convention, with some aspects legalized (Ministers of the Crown Act 1975), and can be easily created or renamed.
What is the Ministerial Code?
Part of the new constitutional structure, not legally binding, regulating ministerial behavior and financial interests, ensuring no conflict between private interests and public duties.
What is the composition of the Cabinet?
Typically 21-23 senior ministers, including the Prime Minister, with no statute dictating composition but limited to 22 salaried posts by statute.
What is the role of the Civil Service?
Permanent, impartial officials who support ministers and implement programs, with a legal basis in the Constitutional Reform and Governance Act 2010.
What is the Carltona Principle?
It allows civil servants to make decisions on behalf of ministers.
Who are Special Advisers (SPADS)?
Political appointees who develop government policy and presentation, involved in party-political matters, requiring the Prime Minister’s approval and tied to ministerial office.
What are the three sources of legal authority for the UK executive branch?
Statutory Powers, Prerogative Powers, and ‘Third Source’ Powers.
What are Prerogative Powers?
Powers recognized by courts as part of the common law, historically derived from the Monarch.
What are ‘Third Source’ Powers?
Powers that are neither statutory nor prerogative, used freely unless explicitly restricted by law, and considered uncontroversial for actions any individual could undertake.
What is the historical context of the Royal Prerogative?
In medieval times, kings had powers for realm protection and public good, but were not above the law. The 17th century saw a distinction between ordinary and absolute prerogative, leading to significant constitutional changes.
How is the Royal Prerogative exercised today?
By or on behalf of the government of the day, with some limits imposed by parliamentary authority and the Constitutional Reform and Governance Act 2010.
What are some specific prerogative powers?
Summoning and proroguing Parliament, powers related to treaties and war, declaring war, patronage, appointments, honours, and certain immunities and privileges.
How do courts interact with prerogative powers?
Courts do not recognize new prerogative powers, can declare delegated legislation invalid if ultra vires, and determine the limits of prerogative powers.
What is the significance of the Council of Civil Service Unions v Minister for the Civil Service (GCHQ case)?
It established that the Royal prerogative is subject to judicial review.
What is the effect of statutes on prerogative powers?
The executive cannot use prerogative powers to derogate from fulfilling a statutory duty, as seen in the Fire Brigades Union case.
What does non-partisan mean?
A lack of affiliation or bias with any political party
What are some aspects of a federal state?
Federal states have a codified and rigid constitution, bicameral legislature, and equal representation.
How is the UK not a typical unitary state?
Governmental power operates at multiple levels (local, regional)
Powers are devolved to other legislatures
Is the UK a federal state?
No the UK has no codified constitution and is considered a ‘union’ state.
What is devolution via Vernon Bogdanor?
Devolution is the dispersal of power from a superior to an inferior political authority
How was the Government of Wales Act 1998 different to Scottish and NI devolution?
Initially, it only allowed secondary legislation
What is a key aspect that was introduced in the Government of Wales Act 2006?
West minister must consult the Welsh assembly before enacting laws that affect them
What is the main consensus from the Wales Act 2017?
Welsh devolution was brought more in line with Scotland’s (conferred vs reserved powers)
What is conferred power?
A conferred powers model is a system that limits the competence of a devolved institution to those powers specifically granted to it in statute
What is reserved power?
Under a reserved powers model of devolution, all areas that are not explicitly reserved to Westminster are within the general competence of a devolved body.
What are some aspects of the Northern Ireland Act 1998?
Remains part of UK until a majority decides otherwise in a referendum.
Power-sharing Executive Committee heads the Northern Ireland Assembly.
What is the Peace Process in Northern Ireland?
The peace process refers to efforts to end the conflict known as “The Troubles,” which involved violent clashes between unionists (who wanted Northern Ireland to remain part of the UK) and nationalists (who wanted Northern Ireland to join the Republic of Ireland). The Good Friday Agreement was a significant milestone in this process.
What happened in 2007 regarding Northern Ireland and devolved governments?
The devolved government was restored
England doesnt have any devolved insitutions but what other forms of devolution exist within England?
Greater London has a form of regional government.
Elected mayors for nine regions
What was the EVEL and when was it abolished?
English votes for English laws and it was abolished in 2021 due to legislative complexity and delay
What is legislative competence?
Legislative competence is a way of determining whether an Act of the Scottish Parliament has been produced within the powers of the Scottish Parliament.
What are some implications of devolution?
Impact on democracy, constitutionalism.
Legal security of devolved entities monitored by Supreme Court.
Sewel convention important for legislation on devolved matters.
Considerations of a federal UK include asymmetrical powers, top-down conferral, and degree of constitutional security.
What was the precursor to the Scotland Act 1998?
The White paper on Scotland’s Parliament.
What did the Scotland Act 1998 reinforce?
The Act of Union 1707 and parliamentary sovereignty.
What key institution was established by the Scotland Act 1998?
The Scottish Parliament.
What model of government formation does the Scotland Act 1998 follow?
The parliamentary model based on the Westminster system.
What is the reserved powers model in the Scotland Act 1998?
Matters reserved for Westminster, all others devolved to the Scottish Parliament.
What additional powers were devolved by the Scotland Act 2012?
Air weapons, borrowing powers, drink driving alcohol limits, and Stamp Duty Land Tax.
What was the question asked in the 2014 Independence Referendum?
Should Scotland be an independent country?’
What was the result of the 2014 Independence Referendum?
55.3% No; 44.7% Yes.
What significant changes were introduced by the Scotland Act 2016?
Rates and bands of income tax, air passenger duty and assignment of VAT revenues, increased responsibility for welfare policy and delivery, oil and gas extraction, road signage, enhanced powers and procedures for the Scottish Parliament, increased financial accountability for the Scottish Parliament, and the Sewel Convention placed on a statutory footing.
Where can you find a comprehensive guide to Scottish devolution?
Citizens’ Guide to Scottish Devolution
When was the Scottish Parliament founded and by which Act?
Founded in 1999 by the Scotland Act 1998.
What does Section 1 of the Scotland Act 2016 declare about the Scottish Parliament?
It declares the Scottish Parliament as ‘permanent’.
What are the main functions of the Scottish Parliament?
Provide and sustain a government in office.
Make laws.
Hold the executive accountable.
What determines the life of the Scottish Parliament?
The Scotland Act 1998.
When does the term of the Scottish Parliament start?
Seven days after a general election (s 2(3)(b)).
When does the term of the Scottish Parliament end?
Dissolution before a general election on the first Thursday in May, four years following the previous general election year (s 2(2)).
Under what conditions can extraordinary general elections be held for the Scottish Parliament?
If two-thirds of MSPs vote for dissolution.
Failure to nominate a First Minister within 28 days post-election, resignation, death, or if the First Minister ceases to be an MSP.
How many Members of the Scottish Parliament (MSPs) are there?
29 MSPs.
How are the additional MSPs elected?
Via proportional representation based on 8 European parliamentary constituencies.
How do voters cast their votes in the Scottish Parliament elections?
Voters have two votes: one for a constituency MSP and one for a political party for additional members.
Why are additional members allocated in the Scottish Parliament?
To make results more proportional.
What does legislative competence refer to?
Legislative competence refers to the power to make laws.
What model is the Scottish Government based on?
The Scottish Government is based on the UK parliamentary model, legislated in statute, not constitutional convention.
How is the First Minister of Scotland appointed?
The First Minister is appointed by the King from Scottish Parliament members and holds office at His Majesty’s pleasure (SA 1998, s 45(1)).
Under what conditions must the First Minister resign?
The First Minister can resign anytime and must resign if the Parliament loses confidence in the Scottish Government (SA 1998, s 45(2)).
What are the responsibilities of the First Minister?
he First Minister appoints other members of the Scottish Government and junior ministers with Parliament’s agreement and the King’s approval.
How are statutory functions conferred on Scottish Ministers?
Statutory functions are conferred on Scottish Ministers by name (SA 1998, s 52(1)).
How has devolution affected the functions of the Scottish Government?
Functions increasingly originate from Acts of the Scottish Parliament and statutory instruments. Legislative competence is transferred from Westminster to Holyrood, and executive competence is transferred to Scottish Ministers (SA 1998, s 53).
What does Section 63 of the Scotland Act 1998 entail?
It involves the transfer of additional functions for Ministers of the Crown regarding Scotland, not within legislative competence.
What is legislative competence in the context of the Scottish Government?
Legislative competence is the authority transferred to the Scottish Parliament.
What is executive competence in the context of the Scottish Government?
Executive competence is co-extensive with legislative competence and is transferred from the UK Government to Scottish Ministers.
Since when has the Scottish Parliament exercised legislative competence in devolved areas?
Since 1 July 1999.
How does the Scottish Parliament share legislative competence with Westminster?
The UK Parliament retains power to make laws for Scotland, and devolution terms are reserved matters, making Holyrood subordinate to Westminster (Scotland Act 1998, s 28(7)).
What was the significance of the case AXA General Insurance Co Ltd v Lord Advocate [2011] UKSC 46?
It established that the Scottish Parliament is subordinate and its powers are subject to modification by the UK Parliament.
What is the reserved matters model in the context of Scottish legislative competence?
Matters not reserved to Westminster fall within the Scottish Parliament’s competence (SA 1998, sch 5).
What are some limits on the legislative competence of the Scottish Parliament?
Enactments protected from modification (SA 1998, sch 4).
Core features of the devolution settlement.
Retained EU law (SA 1998, s 30A from EU Withdrawal Act 2018, s 12).
Common law ensuring the rule of law (as in AXA v Lord Advocate).
How is legislative competence controlled and enforced before a Bill receives assent?
Scottish Minister statement of Bill’s competence (SA 1998, s 31(1)).
Presiding Officer confirms competence status (SA 1998, s 31(2)).
Supreme Court reference possible if competence is questioned (SA 1998, s 32(2), s 33).
Example: UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill Reference [2018] UKSC 64.
What was the significance of the case Imperial Tobacco Ltd v Lord Advocate [2012] UKSC 61?
Competence is determined by applying SA 1998 schs 4 & 5, with interpretation following usual statutory rules and no presumption of competence.
What was the significance of the case UK Withdrawal from the EU (Legal Continuity) (Scotland) Bill Reference [2018] UKSC 64?
It established that Holyrood’s power is delimited by law, with a democratic mandate within limits, no parliamentary sovereignty for Holyrood, courts enforce limits, and Westminster retains legislative authority for Scotland. SA 1998 is interpreted to ensure a coherent, stable legislative system.
How many member states are in the European Union?
The European Union is comprised of 27 member states forming a political and economic union.
What are the main branches of the European Union?
The European Parliament, the European Commission, and the Court of Justice of the European Union (CJEU).
What are the two main treaties of the European Union?
The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).
What types of EU laws are there?
Regulations and Directives.
Which cases established the principle of the supremacy of EU law?
Case 6/64, Costa v ENEL [1964] and Case 11/70, Internationale Handelsgesellschaft [1970].
What did the European Communities Act 1972 achieve in the UK?
It made EU law enforceable in UK courts and indicated that EU obligations could override national law.
What was the result of the Brexit referendum held on 23 June 2016?
52% voted to leave the EU.
What was the significance of the Miller I Case (2017)?
It required Parliament’s involvement due to domestic law changes.
What did the EU (Withdrawal) Act 2018, also known as the ‘Great Repeal Bill’, ensure?
It ensured legal continuity by repealing the European Communities Act 1972 and converting existing EU law into domestic law (‘retained EU law’).
What was the purpose of the European Union (Withdrawal Agreement) Act 2020?
It managed the transition period after the UK left the EU and incorporated the Brexit Withdrawal Agreement into domestic law.
What is the Northern Ireland Protocol?
It keeps Northern Ireland in the EU Customs Union de jure, not de facto, and allows Northern Ireland Assembly votes every four years.
What is the EU–UK Trade and Cooperation Agreement (TCA)?
Signed on 30 December 2020, it established post-Brexit trade relations, including free trade in goods and limited mutual market access in services, and ended free movement of people and the UK’s EU Single Market membership.
