Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Public Law I > Structure and rules of government (legislature, executive, judiciary) > Flashcards

Structure and rules of government (legislature, executive, judiciary) Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What is the separation of powers?

A

Involves three distinct branches with separate powers

Power is divided among branches to prevent concentration.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Why embrace the separation of powers?

A

To safeguard citizens’ liberties and guard against tyranny

Ensures a system of checks and balances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is Montesquieu (1748) view on why we should embrace the separation of powers?

A

Liberty is at risk if legislative, executive, and judicial powers unite.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is James Madison (1788) view on why we should embrace the separation of powers?

A

Power concentration equals tyranny.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is Lord Acton (1887) view on why we should embrace the separation of powers?

A

“Power tends to corrupt, and absolute power corrupts absolutely.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How does democracy complement the separation of powers?

A

Re-election as an incentive against abuse

Legislative function by elected representatives ensures accountability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are some key perspectives on separation of powers?

A

Lord Diplocks view is that the UK constitution was based on the separation of powers.

Bagehot’s view is that within the UK there is a close union and fusion of executive and legislative powers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the two types of separation of powers?

A

Pure Version

Partial Version

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the Pure version of separation of powers?

A

Advocation for clear boundaries between branches and that breaches are problematic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the Partial version of the separation of powers?

A

Breaches aren’t inherently problematic; focus on preventing tyranny.

Emphasises checks and balances with mutual oversight

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Does the UK adhere to the Pure version of the separation of powers?

A

It does not but should guard against abuse of power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a negative about the pure version of the separation of powers?

A

It lacks checks and balances making it undesirable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the three branches of state?

A

Executive Branch

Legislative Branch

Judicial Branch

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the executive branch responsible for?

A

Making and implementing public policy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the various levels of the executive in the UK.

A

Central UK Government led by the Prime MInister

Devolved Governments in Scotland, wales and northern Ireland

Local Government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the legislative branch responsible for?

A

It creates legislation and holds the executive accountable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the main body of the legislative branch?

A

The UK Parliament (Westminister) is the principal legislative body

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are some other bodies of the UK legislative branch?

A

Scottish Parliament

Welsh Parliament (Senedd Cymru)

Northern Ireland Assembly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the judicial branch?

A

A system of courts and tribunals that interpret the law and resolve legal disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the three core constitutional institutions in the UK?

A

The UK Government (Most powerful government body)

The UK Parliament (Hold sovereignty)

UK Supreme Court (Highest court in the UK)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How is the UK’s constitution multilayered?

A

The branches of the state are not confined to just the UK level. They exist both above and below the UK level.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

How do the branches of state exist above the UK level?

A

Through the Council of Europe and the European Union (no longer a member)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the Council of Europe?

A

An international organisation focused on human rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

How does the branches of state operate below the UK level?

A

Devolved governments and legislatures

Local government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What structure is the UK parliament when referring to the two chambers?

A

Bicameral

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Who are frontbenchers?

A

Members of Parliament who hold significant positions within their party, including government ministers and opposition shadow ministers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What are the responsibilities of frontbenchers?

A

Crafting, defending, and implementing government policies (for ministers) or scrutinizing and challenging government policies (for shadow ministers).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Who are backbenchers?

A

Members of Parliament who do not hold ministerial or shadow ministerial positions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What are the responsibilities of backbenchers?

A

Representing the interests and concerns of their constituents, participating in debates, voting on legislation, and serving on parliamentary committees.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What are some key aspects of the House of Commons?

A

An elected chamber

Holds superiority over the House of Lords

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What makes up the MP’s in the HoC?

A

650 members of parliament (MPs) each from one of the 650 constituencies in the UK.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What makes up the approximately 800 peers in the HoL?

A

Life Peers

Hereditary Peers

Bishops

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

How do both Houses scrutinize government policy?

A

They evaluate administration and legislative proposals (Bills).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

How do the Commons and Lords differ in debates and bill scrutiny?

A

Commons generally approves government Bills due to majority.

Lords more frequently defeats government, lacks majority.

Lords acknowledged for more effective legislation scrutiny.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is required for the formation of government?

A

Government requires a majority in the House of Commons (HoC) and must maintain the confidence of the HoC.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

How does Parliament hold the government to account?

A

Examines the relationship between the executive and the legislature, contributing to the political constitution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Who can enact primary legislation?

A

Only Parliament can enact primary legislation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What are some other functions of Parliament?

A

Supplies personnel for the government.

Authorises taxes and government spending.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What is the electoral system?

A

A set of rules is used to determine the results of an election.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What is the electoral system used in the UK?

A

First-Past-the-Post (FPTP) system, focusing on constituency representation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

How are MPs in the House of Commons elected?

A

MPs are elected by their constituents and represent them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

To whom are MPs democratically accountable?

A

MPs are accountable to their constituencies, aiming for re-election or ensuring their party’s candidate wins in future elections.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What principle does Parliament embody?

A

The principle of government of the people by the people.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What do general elections determine?

A

Determine membership of the House of Commons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

What do general elections decide regarding the government?

A

Decide the political party forming the government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Where do government ministers come from?

A

From the party with majority seats.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

How do elections often reflect party lines?

A

Historical dominance of Conservative and Labour parties, with increasing political fragmentation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

How does FPTP challenge democratic equality?

A

FPTP challenges the concept that every vote should count equally.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

How do vote disparities manifest in FPTP?

A

Votes in ‘safe’ constituencies count less than those in marginal ones (e.g., East Ham vs Bolton West, 2010 General Election).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Why is FPTP often called ‘winner takes all’?

A

Only the candidate with the most votes wins; other votes don’t impact national outcomes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

How do larger parties benefit from FPTP?

A

Larger parties (Conservative and Labour) often win more seats than votes justify.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

How do smaller parties fare under FPTP?

A

Smaller parties (Liberal Democrats, Green Party) lose out (e.g., 2017 Election results).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

What is a limitation of the two-party system in the UK?

A

UK’s political landscape is moving towards multi-party politics.

53
Q

What territorial issue was highlighted in the 2015 election?

A

SNP’s dominance in Scotland vs. Scottish unionist support.

54
Q

What is a general election?

A

An electoral process to choose most of the members of a legislature (Parliament).

55
Q

What do general elections determine?

A

Determine membership of the House of Commons (HoC) and which political party forms the government.

56
Q

How were general elections timed previously?

A

Called by Prime Ministers at their discretion within a five-year period.

Dependent on the confidence of the House of Commons.

A ‘no confidence’ vote traditionally led to dissolution and a new election.

57
Q

What was the outcome of the 2010 election?

A

Led to a coalition government between Conservatives and Liberal Democrats.

Introduced five-year fixed-term Parliaments under the Fixed-term Parliaments Act 2011.

Removed Prime Minister’s discretion to call elections.

58
Q

What did the Fixed-term Parliaments Act 2011 establish?

A

Elections at five-year intervals unless:
Two-thirds of MPs support an early election.
A government loses a confidence vote and
no new government forms within 14 days.

Reduced Prime Ministerial power and provided legislative certainty.

Reversed by the Dissolution and Calling of Parliament Act 2022.

59
Q

What were the challenges with fixed-term parliaments?

A

Governments could lose Commons’ confidence but still remain in office.

A ruling party could engineer a no-confidence vote to call an election.

Coalition partners could withdraw, potentially triggering elections.

60
Q

What did the Dissolution and Calling of Parliament Act 2022 do?

A

Repealed the Fixed-term Parliaments Act 2011.

Restored the monarch’s powers to dissolve and summon parliament.

Allowed Parliament to be dissolved and a general election called at the monarch’s
discretion.

Automatic dissolution of Parliament if not dissolved after five years.

Included an ouster clause making the exercise of prerogative power non-justiciable.

61
Q

What is the Alternative Vote system?

A

Voters rank candidates in order of preference (1, 2, 3, etc.).

Voters can rank as many or as few candidates as they wish.

62
Q

What was the outcome of the 2011 Alternative Vote referendum?

A

In 2011, the British people rejected adopting this system (67.9%).

63
Q

How does the Alternative Vote system work?

A

First Round: All first-preference votes are counted. If a candidate receives over 50% of first-preference votes, they are elected.

Second Round: If no candidate secures more than 50%, the lowest-ranking candidate is eliminated. Second-preference votes of the eliminated candidate are redistributed. The process repeats until one candidate has more votes than the combined total of others.

64
Q

What is parliamentary privilege?

A

A set of rights and immunities essential for Parliament to function effectively and independently.

65
Q

What is the purpose of parliamentary privilege?

A

Essential for the effective functioning of Parliament.

66
Q

How does parliamentary privilege protect Parliament?

A

Safeguards the rights and immunities of Parliament, often overriding ordinary legal rights enforced by the courts.

67
Q

Why is freedom of speech in Parliament necessary?

A

Parliament needs to function without restrictions, allowing MPs to express ideas and concerns freely without fear.

68
Q

What is the legal basis for freedom of speech in Parliament?

A

Article IX of the Bill of Rights 1689 states that debates or proceedings in Parliament should not be questioned in any court.

69
Q

What is the historical context of freedom of speech in Parliament?

A

Originated as a response to royal interference, ensuring MPs’ work remains unobstructed by the crown or courts.

70
Q

What immunity does freedom of speech in Parliament provide?

A

Provides absolute protection for statements made within Parliament.

71
Q

What is exclusive cognisance?

A

Parliament can determine its own rules and procedures without court interference.

72
Q

What was the significance of Bradlaugh v Gosset (1884)?

A

Acts within Parliament are beyond court investigation.

73
Q

What was the significance of British Railways Board v Pickin (1974)?

A

Courts do not assess the Parliamentary process in legislation enactment.

74
Q

How can parliamentary privilege override ordinary legal rights?

A

Privilege can override ordinary legal rights, reflecting the principle of comity between legislative and judicial branches.

75
Q

Who determines the scope of parliamentary privilege?

A

Courts determine the scope, but once within privilege, courts cannot question it (Stockdale v Hansard, 1839; Chaytor, 2010).

76
Q

How are parliamentary publications protected?

A

Parliamentary publications are protected to ensure free communication of debates (Parliamentary Papers Act 1840).

77
Q

What is the uncertainty regarding the application of statute law to Parliament?

A

Uncertainty exists about its application to Parliament; statutes may not apply unless explicitly stated (Herbert Case).

78
Q

What is primary legislation?

A

Laws passed directly by Parliament.

79
Q

What is the process for passing an Act of Parliament?

A

It involves readings, debates, and approval by both the House of Commons and the House of Lords, and is enacted with the Royal Assent.

80
Q

What are the different types of bills?

A

Public

Private

Hybrid

81
Q

What is a public bill?

A

A Bill introduced by the executive (Government), scrutinized and enacted by Parliament.

82
Q

What is a Private Members’ Bill?

A

A Bill introduced by MPs or Lords who are not government ministers.

83
Q

What is a Private Bill?

A

A Bill that changes the law as it applies to specific individuals or organizations.

84
Q

Can you give an example of a Private Bill?

A

Highgate Cemetery Bill

85
Q

What is a Hybrid Bill?

A

A Bill that affects the general public but significantly impacts specific individuals or groups.

86
Q

Can you give an example of a Hybrid Bill?

A

High-Speed Rail Bills.

87
Q

What is the difference between a Bill and an Act?

A

A Bill is proposed legislation (not yet in force), while an Act is enacted legislation (in force).

88
Q

What are the main steps in the legislative process?

A

First Reading

Second Reading

Committee Stage

Report Stage

Third Reading

89
Q

What happens during the First Reading of a Bill?

A

The Bill is formally introduced to Parliament; no debate occurs.

90
Q

What occurs during the Second Reading of a Bill?

A

A general debate in the main chamber on the Bill.

91
Q

What is the Committee Stage in the legislative process?

A

Detailed scrutiny and debate on Bill provisions in a Public Bill Committee, where amendments may be made.

92
Q

What characterizes the Report Stage of a Bill?

A

Further amendments can be tabled in the main chamber, with less scrutiny compared to the Committee stage.

93
Q

What happens during the Third Reading of a Bill?

A

A short general debate on the whole of the Bill; if approved, it is sent to the other House.

94
Q

What is the legislative process in the House of Lords?

A

It usually follows the same process as in the House of Commons, with amendments considered by both Houses.

95
Q

What is “Ping-Pong” in the legislative process?

A

It refers to the Bill going back and forth between the Houses if there is disagreement.

96
Q

What is the Parliament Acts Mechanism?

A

It allows the House of Commons to bypass the House of Lords’ consent.

97
Q

What is the Royal Assent?

A

The final stage before a Bill becomes an Act of Parliament and can be enforced

98
Q

What is fast-track legislation?

A

A process where the typical legislative process is expedited for urgent issues.

99
Q

Can you give an example of fast-track legislation?

A

The Coronavirus Act 2020.

100
Q

Why is fast-track legislation used?

A

It is used for urgent issues, with justifications explained in the explanatory notes to the Bill.

101
Q

What is delegated legislation?

A

Law created by ministers or other bodies under powers granted by an Act of Parliament (primary legislation).

102
Q

Why is delegated legislation necessary?

A

Parliament lacks the time, resources, and expertise to regulate all aspects of the Government’s work, so enabling Acts delegate legislative powers to the executive branch.

103
Q

What are the functions of delegated legislation?

A

To fill in details of primary legislation, provide practical measures for law enforcement and operation in daily life, and set dates for Act provisions to become law or amend existing laws.

104
Q

Why is the volume of legislation a reason for delegated legislation?

A

Governmental tasks are complex and require a large volume of legislation, which Parliament lacks the time and capacity to enact.

105
Q

Why is delegated legislation considered inevitable?

A

It is essential for the functioning of government due to the scale and complexity of responsibilities, without which both Parliament and Government would cease to function effectively.

106
Q

What are the advantages of delegated legislation?

A

It is efficient, quicker than primary legislation, allows for expertise from ministers, and is flexible and easily adaptable to changing circumstances.

107
Q

What are the risks of delegated legislation?

A

There is a lack of Parliamentary scrutiny, potential for laws to pass with minimal oversight, and a risk of misuse, such as through Henry VIII clauses.

108
Q

What are Henry VIII Clauses?

A

Clauses that allow ministers to amend or repeal provisions in primary legislation without full parliamentary process.

109
Q

What is the main concern with Henry VIII Powers?

A

Balancing the efficiency of law-making with the risks of reduced scrutiny and potential overreach.

110
Q

How do Henry VIII Powers challenge the separation of powers?

A

Executive legislating can challenge the separation of powers, though it is often justified by practical constraints.

111
Q

What are Statutory Instruments (SIs)?

A

The most common form of delegated legislation, including orders, rules, regulations, or other subordinate legislation.

112
Q

What is the scope of Henry VIII Powers?

A

They can range from modest amendments to broad legislative powers, such as those under the Civil Contingencies Act 2004.

113
Q

What is the procedure for making SIs?

A

The power to make SIs is set in an Act of Parliament, usually for a Minister, who makes law on matters identified in the Act using prescribed parliamentary procedures.

114
Q

What are the types of parliamentary procedures for SIs?

A

Negative Resolution (SI becomes effective unless annulled within a set period) and Affirmative Resolution (requires approval by both Houses).

115
Q

What is the role of the Joint Committee on Statutory Instruments?

A

It conducts technical scrutiny of SIs.

116
Q

How can courts scrutinize SIs?

A

Courts can declare delegated legislation invalid if it is ultra vires (exceeds granted powers), but they cannot invalidate primary legislation (Acts).

117
Q

What are some functions of the executive branch?

A

Executes and administers laws enacted by the legislature.

Runs the country.

Acts as an initiative-taker.

Develops and designs changes to public policy.
Reacts to sudden, unforeseen events.

118
Q

What is meant by an ‘elective dictatorship’?

A

A term introduced by Lord Hailsham, referring to the government having majority support in the House of Commons, allowing it to draft Bills and implement Acts of Parliament with significant power.

119
Q

How is the political nature of the executive determined?

A

By the composition of the House of Commons.

120
Q

What are the executive powers?

A

Drafting Bills and implementing Acts of Parliament.

121
Q

What was the context of the House of Lords case involving the Fire Brigades Union?

A

It was significant for understanding ministerial prerogative powers and whether the UK executive can use prerogative powers to prevent an Act of Parliament from coming into force.

122
Q

When was the Criminal Injuries Compensation Scheme introduced and under what claim in the Fire Brigades Union case?

A

Introduced in 1964, claimed to be formed using prerogative powers.

123
Q

What did the Criminal Justice Act 1988 aim to do regarding the Criminal Injuries Compensation Scheme in the Fire Brigades Union case?

A

It aimed to solidify the scheme, but its provisions required activation by the Secretary of State, which was never executed.

124
Q

What modifications did the Home Secretary propose six years after the Criminal Justice Act 1988 in the Fire Brigades Union case?

A

Modifying the compensation structure below the statutory level and plans to repeal the entire Act, reducing victim compensation entitlements.

125
Q

What was the key question in the Fire Brigades Union case regarding the Criminal Injuries Compensation Scheme?

A

Is it a duty or an option for the executive to bring legislation into force when its activation depends on executive action?

126
Q

What was the House of Lords ruling on the Home Secretary’s actions in the Fire Brigades Union case?

A

The Home Secretary’s actions were unlawful in a 3-2 majority decision.

127
Q

What did the House of Lords say about legitimate expectations in the Fire Brigades Union case?

A

The public expected the enactment of the new law, and the 1988 Act’s non-activation by the Secretary of State was a breach.

128
Q

What did Lord Mustill’s statement describe about the British separation of powers in the Fire Brigades Union case?

A

Parliament enacts laws, the executive administers, and courts interpret laws. Courts must verify executive actions to ensure they align with parliamentary intent and fairness, emphasizing the role of Parliament and the executive, with courts stepping in for accountability when necessary.

129
Q

What did the majority hold in the Fire Brigades Union case?

A

By refusing to consider bringing the compensation scheme into effect, the minister was not adhering to the statutory scheme, effectively usurping the role of the legislature.

130
Q

What are some of the different conclusions from the Fire Brigades Union case vis-a-vis the House of Lords?

A

The majority emphasised the importance of checks and balances in the constitutional system, and the importance of the executive (in this case, the relevant minister) following statutes passed by the legislature. The minority focused on the importance of keeping the judiciary separate from political affairs, and so did not feel it institutionally appropriate to intervene in the minister’s decision-making.

Public Law I (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions