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Public Law > Unit 3: The Parliament > Flashcards

Unit 3: The Parliament Flashcards

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1
Q

Life Peerage Act 1958

A

The Constitutional Role of Parliament - The composition - House of Lords

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2
Q

Parliament Act 1911

A

The Constitutional Role of Parliament - The relationship between House of Common & Lords - HOL cannot reject any financial bills already passed by the HOC and can only delay any non-financial bills for 2yrs.

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3
Q

Parliament Act 1949

A

The Constitutional Role of Parliament - The relationship between House of Common & Lords - shorten the period to delay any non-financial bills to 1yrs.

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4
Q

Cheney v Conn

A

The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can override any international laws

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5
Q

Lardner-Burke

A

The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can override any constitutional conventions

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6
Q

Burmah Oil Co

A

The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can enact laws which have retrospective effect

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7
Q

Crown Proceeding Act 1947

A

The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can curtail any royal prerogatives - immunity of civil litigation

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8
Q

Fixed-term Parliament Act 2011

A

The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can curtail any royal prerogatives - power to dissolve the parliament

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9
Q

ECA 1972; R v Secretary of State for Exiting the European Union

A

The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can curtail any royal prerogatives - power to withdraw treaties without the consent of the parliament

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10
Q

Ellen Street Estates

A

The Supremacy of Parliament - The Dicey’s definition - cannot bind its successors/be bound by its predecessors - Implied repeal

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11
Q

Edinburgh & Dalkeith Railway Co

A

The Supremacy of Parliament - The Dicey’s definition - No bodies/personnel can question the validity of an Act of Parliament - The ‘enrolled’ rule

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12
Q

Act of Union 1706-07

A

The Limitations on the Supremacy of Parliament - Domestic - The Act of Union

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13
Q

Scotland Act 2016 / Wales Act 2017 / Northern Ireland Act 1998

A

The Limitations on the Supremacy of Parliament - Domestic - Devolution

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14
Q

Sunderland City Council

A

The Limitations on the Supremacy of Parliament - Domestic - Limitation on Implied repeal

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15
Q

H v Lord Advocate / HS2 case

A

The Limitations on the Supremacy of Parliament - Domestic - Limitation on Implied repeal - examples

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16
Q

Jeffrey’s text

A

The Limitations on the Supremacy of Parliament - Domestic - Limitation on Implied repeal - Rule of law - can maintain the legitimacy… / ignores the distinct sphere of judiciary

17
Q

‘Jackson’ case - Lord Hope

A

The Limitations on the Supremacy of Parliament - Domestic - Rule of law - “Parliamentary sovereignty is an empty principle…

18
Q

Jackson’ case - Lord Steyn

A

The Limitations on the Supremacy of Parliament - Domestic - Limitation on Implied repeal - Rule of law - ‘diff hypothesis…

19
Q

The Role Of Law - Lord Bingham

A

The Limitations on the Supremacy of Parliament - Domestic - ‘Manner & form’ debate - The judges only recognize the principle….

20
Q

Sovereignty of Parliament - Prof. Goldsworthy

A

The Limitations on the Supremacy of Parliament - Domestic - Rule of law - ‘massive transfer of political power

21
Q

Trethowan

A

The Limitations on the Supremacy of Parliament - Domestic - Limitation on Implied repeal - ‘Manner & form’ debate - Australian cases

22
Q

Manuel

A

The Limitations on the Supremacy of Parliament - Domestic - ‘Manner & form’ debate - Slade LJ, in obiter, agreed the possibility…

23
Q

Factortame / EUWA 2018/20

A

The Limitations on the Supremacy of Parliament - European limitation - The doctrine of supremacy of EU law/’retained EU law’

24
Q

R v A

A

The Limitations on the Supremacy of Parliament - European limitation - Incorporation of ECHR - s3 - ‘strive to find a possible interpretation…’

25
Q

Godin-Mendoza

A

The Limitations on the Supremacy of Parliament - European limitation - Incorporation of ECHR - s3 - extends the meaning of the housing legislation

26
Q

Anderson

A

The Limitations on the Supremacy of Parliament - European limitation - Incorporation of ECHR - s4 - of parliament agreeing to amend - abolish the Home Secretary’s power…

27
Q

‘Belmarsh’ case

A

The Limitations on the Supremacy of Parliament - European limitation - Incorporation of ECHR - s4 - of parliament agreeing to amend - repealed legislation permitting foreign nationals…

28
Q

Hirst

A

The Limitations on the Supremacy of Parliament - European limitation - Incorporation of ECHR - s4 - of parliament refusing to amend

Public Law (3 decks)

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