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(FLK1) Public Law > The UK Constitution > Flashcards

The UK Constitution Flashcards

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1
Q

What are the Three Core Bodies of the UK Constitution?

A
  • The Judiciary, i.e. the Courts.
  • The Executive, i.e. the Government.
  • The Legislature, i.e. the Parliament.
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2
Q

What is a Constitutional Statute?

A

Legislation that:

  • Defines or restricts Fundamental Rights; or
  • Conditions the relationship between the Citizen and the State.

The Judiciary also contributes to Constitutional Development when such Statutes are litigated in Court.

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3
Q

What is a Constitutional Convention?

A

A Non-Binding but well-respected Principle that guides how a given Core Body conducts its affairs.

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4
Q

What is the Role of Parliament?

A

Creating, amending, and repealing Laws.

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5
Q

What are the Components of Parliament?

A
  • The King.
  • The House of Lords.
  • The House of Commons.
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6
Q

In Practice, which Component of Parliament is most Powerful?

A

The House of Commons.

  • The King is a cerimonial ornament.
  • The House of Lords cannot block a Bill and has no power over Financial Bills.
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7
Q

What is the Role of Government?

A
  • Managing Public Services.
  • Formulating and implementing Policy.
  • Administering Policy and Enforcing the Law.
  • Maintaining Public Order and National Defence.
  • Drarfting Secondary Legislation in the form of Statutory Instruments.
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8
Q

What are the Components of the Executive?

A
  • The King.
  • The Priminister and Cabinet.
  • Individual Government Departments.
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9
Q

What are the Sources of Executive Power?

A
  • Statute.
  • Common Law.
  • Royal Prerogative.
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10
Q

What is the Role of the Courts?

A

To resolve disputes by interpreting and applying the Law.

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11
Q

What are the most important Constitutional Conventions governing the Legislature?

A
  • Defence to the House of Commons: The House of Lords defers to the House of Commons as the primary democratic body.
  • Sewel Convention: The Westminster Parliament generally avoids legislating on devolved matters without the relevant consents.
  • Salisbury-Addison Convention: The House of Lords refrains from opposing legislation that fulfills a Government Manifesto commitment.
  • Parliamentary Approval for War: The Executive must seek Parliamentary Consultation before committing the armed forces to significant foreign policy actions.
  • Exclusive Authority Over Financial Bills: Only the House of Commons, through a Cabinet minister, may introduce Financial Bills, which the Lords may review but cannot amend or block.
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12
Q

What are the most important Constitutional Conventions governing the Executive?

A
  • Cabinet Selection: The Prime Minister selects the Cabinet Ministers.
  • Royal Assent to Legislation: The Monarch does not refuse royal assent to Legislation passed by Parliament.
  • Appointment of Prime Minister: The Monarch appoints the Leader of the electorally victorious Party as Prime Minister.
  • Monarch Acts on Ministerial Advice: The Monarch follows the advice of Ministers in performing Constitutional Duties.
  • Resignation after a No-Confidence Vote: After a No-Confidence Vote in the Commons, the Government must resign and advise the Monarch to dissolve Parliament.
  • Monarch’s Consent for Relevant Legislation: The Government seeks the Monarch’s consent before introducing Legislation directly affecting the Monarchy.
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13
Q

What are the most important Constitutional Conventions governing the Judiciary?

A
  • Political Neutrality: Judges must avoid political activity to prevent conflicts of interest.
  • Parliamentary Restraint: Parliament refrains from criticising the Judiciary’s professional conduct.
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14
Q

What are the most important Constitutional Conventions governing Ministerial Responsibility?

A

Collective Ministerial Responsibility:

  • Confidentiality: Cabinet discussions must remain confidential to enable open debate within the Government.
  • Parliamentary Confidence: After a No-Confidence Vote in the Commons, the Government must resign and advise the Monarch to dissolve Parliament.
  • Unanimity and Resignation as Dissent: Once a policy decision is reached, all ministers must publicly support it. Ministers disagreeing on principle should resign rather than dissent openly.

Individual Ministerial Responsibility:

  • Policy Failures: Ministers are accountable for major policy errors, and should resign if they were directly aware, involved, or responsible.
  • Operational Failures: Ministers may avoid resignation over operational policy errors, unless they had directly and significantly involved or responsible.
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15
Q

What are the Seven Principles of the Ministerial Code?

A
  • Honesty.
  • Integrity.
  • Openness.
  • Objectivity.
  • Leadership.
  • Selflessness.
  • Accountability.
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16
Q

Can Parliament override the Judiciary?

A

Yes. Parliament can assert itself to ensure the Law reflects the Democratic Will.

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17
Q

How dependant are Executive Statutory Instruments on Parliamentary Approval?

A
  • Positive Instruments require Parliamentary approval.
  • Negative Instruments automatically become Law unless Parliament objects.
18
Q

What is the Role of the Attorney General?

A
  • Member of the Cabinet.
  • Chief Legal Advisor to the Government.

This is an Executive Role.

19
Q

What is the Role of the Lord Chancellor?

A

Head of the Ministry of Justice.

This is an Executive Role.

20
Q

What is the Judicial Appointments Commission?

A

An independent body, comprised of 15 Comissioners from various political and professional backgrounds, that recommends candidates for Judicial roles.

  • Ordinary recommendations are made to the Lord Chancellor.
  • Supreme Court recommendations are made by a Special Commission to the Prime Minister.

The selection criteria are merit and character.

21
Q

When can a Senior Judge be removed from Office?

A
  • Misconduct.
  • Motion of the Houses.
22
Q

When can an Ordinary Judge be removed from Office?

A
  • Misconduct.
  • Investigation and Expulsion by the Lord Chancellor and Lord Chief Justice.
23
Q

Who determines Judicial Pay?

A

The Senior Salaries Review Body.

24
Q

What are Safeguards against Judicial Politicisation?

A
  • Disqualification from Parliament: Full-Time Judges are barred from serving as MPs.
  • Parliamentary Practice: The Cabinet and MPs are discouraged from publicly criticizing Judges’ character or motivations,
  • Parliamentary Privilege: Parliamentary Proceedings cannot be impeded by the Judiciary.
25
Q

What is Judicial Immunity?

A

Judges are immune from civil suit for actions performed in their role, so long as the actions were:

  • Within their jurisdiction; and
  • Performed in Good Faith.

Lower-Court Judges tend to enjoy less protection than their more senior peers.

26
Q

What type of Legislation can the Judiciary Review?

A

Secondary Legislation, specifically to ensure it complies with the authority granted by its Parent.

With Primary Legislation, the most a Judge can do is declare incompatibility with the European Convention on Human Rights.

27
Q

What is Devolution?

A

The grant of Legislative powers to the Devolved Territories, namely:

  • The Scottish Government and Parliament.
  • The Welsh Government and National Assembly.
  • The Northern Irish Executive and Assembly.
28
Q

What is Devolved Legislation?

A

Legislation created by a Devolved Legislature, as enabled by an Act of the Westminster Parliament.

29
Q

What are Devolved Matters?

A

Issues of Governance delegated to a Devolved Territory.

30
Q

What are Reserved Matters?

A

Issues of Governance determined by Westminster, regardless of whether they affect Devolved Territories.

31
Q

Who Sets the Budgets for Devolved Territories?

A

The Central Government (in Westminster).

32
Q

What is the Principle of Rule of Law?

A

The notion that the Law’s supremacy stands above all else.

33
Q

What are the Eight Principles of the Rule of Law?

A
  • Equality: Everyone is equal under the Law.
  • Accessibility: Law must be clear and understandable.
  • Proper Exercise: Officials must act within their legal authority.
  • Access to Justice: Justice must be accessible and affordable.
  • Human Rights Protection: Fundamental Rights must be safeguarded.
  • Adjudicative Procedures: Legal processes should be fair and impartial.
  • Law, Not Exercise: Decisions should be based on Law, not arbitrary power.
  • Compliance with International Law: The State should honour international obligations.
34
Q

What is the Primary Means by which the Rule of Law is upheld?

A

Judicial Review.

35
Q

Regarding the Rule of Law and Statutory Interpretation, what is the Judiciary’s Presumption regarding Parliamentary Intention?

A

That Parliament’s objective is to safeguard individual rights, unless the contrary is unequivocally expressed.

36
Q

Regarding the Rule of Law and Statutory Interpretation, what is the Judiciary’s attitude toward Executive Discretion?

A

The Courts will not interfere with Executive Discretion so long if it used:

  • Fairly;
  • Reasonably; and
  • Within the Legislation’s intent.
37
Q

What are the Core Traits of Parliamentary Soverignty?

A
  • Parliament is the ultimate legal authority.
  • The validity of an Act of Parliament is beyond question.
  • No Parliament may be Bound by a Predecessor or Bind a Successor.
38
Q

When is a Statute Impliedly Repealed?

A

When it is irreconcilable with a previous Statute, and only to that extent.

39
Q

What is the Royal Prerogative?

A

The Residual Powers of the Crown.

40
Q

What are the Three Types of Prerogative Power?

A
  • Executive Prerogative Powers: Exercised by Ministers independently of the Monarch, concerning:
    • Mercy;
    • Foreign Affairs; and
    • National Defense.
  • Constitutional Prerogative Powers: Exercised by the Monarch on the Prime Minister’s advice, concerning:
    • Legislative Assent;
    • Prorogation of Parliament; and
    • Appointment of the Prime Minister.
  • Crown’s Legal Prerogatives: Prerogatives relating to legal principles and practices affecting the Crown, concerning:
    • Exemption from Statute; and
    • Immunity from Contempt of Court and suit in a personal capacity.
41
Q

What are the Safeguards for Prerogative Power?

A
  • Judicial Review.
  • Ministerial Accountability.
  • Parliamentary Sovereignty.
  • Constitutional Conventions.

Generally, Prerogative Powers should not be used to effect far-reaching changes to Law and Rights without Parliament’s explicit approval.

42
Q

What are the Non-Justicible Areas of Prerogative Power?

A
  • Treaty-Making.
  • National Defense.
  • Granting Honours.
  • Prerogative of Mercy.
  • Dissolution of Parliament.
  • Appointment of Ministers.

This list is non-exhaustive.

The Courts must examine the substance, not form, of Powers, and must avoid interfering in areas of High Policy or National Defence that are not administrative.

The Courts must also adjust its degree of scrutiny accordingly.

(FLK1) Public Law (5 decks)

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