Theme B: Pariamentary Sovereignty Flashcards
What is parliamentary sovereignty?
Parliamentary sovereignty is the constitutional concept that Parliament is the supreme body that creates or abolishes laws and cannot be overruled.
What role does Parliament play in the government?
Parliament holds the government to account through oversight and scrutiny.
What are some checks and balances on parliamentary sovereignty?
Checks and balances include judicial review.
Why is parliamentary sovereignty important in the UK constitution?
Parliamentary sovereignty is the most important part of the UK constitution.
How does EU membership affect parliamentary sovereignty?
Some argue that belonging to the European Union infringes on parliamentary sovereignty.
What does the European Communities Act 1972 state?
The European Communities Act 1972 gives priority to EU law over the laws of its member states.
Can future Parliaments amend laws?
Future Parliaments can make their own laws and amend or remove any existing laws.
Who must the government be drawn from?
The government must be drawn from Members of Parliament.
What is judicial review?
Judicial review is a type of court proceeding where a judge reviews the lawfulness of decisions or actions taken by a public body.
What can a court do if it finds a decision unlawful?
If the court finds a decision unlawful, it can impose injunctions on the public body and may award damages.
What is ultra vires in the context of judicial review?
Ultra vires refers to decisions made beyond the legal power or authority of the decision-maker, resulting in errors in applying the law.
What does irrationality (unreasonableness) mean in judicial review?
Irrationality means that a decision defies logic or acceptable moral standards.
What is procedural impropriety?
Procedural impropriety occurs if proper legal processes have not been followed.
What is legitimate expectation in judicial review?
Legitimate expectation refers to a situation where a person believed the promises or policies of a public body.
What are select committees?
Select committees operate in both the House of Commons and the House of Lords. Their role is to check and report back on the work of government departments.
How can the public follow the findings of select committees?
The public can follow their findings by reading reports published by Parliament.
What is the government’s obligation regarding select committees?
Government has to respond to issues raised by select committees.
What areas do House of Lords select committees focus on?
House of Lords select committees focus on the EU, science and technology, communications, the constitution, economic affairs, and international relations.
What do House of Commons select committees examine?
House of Commons select committees examine the work of government department spending, policies and administration, current issues, or allegations of improper behaviour made against individual MPs.
What are parliamentary inquiries?
Parliamentary inquiries can be called to scrutinise the work of government in a specific area, if government are seen to be at fault.
Can you give an example of a parliamentary inquiry?
After the ‘Children of Windrush’ scandal, an inquiry was started to investigate and suggest reforms.
What recommendations were made following the Windrush inquiry?
Recommendations included parliamentary apologies, compensation, and the removal of a net migration target that might encourage the Home Office to deport more people without sufficient checks.
