Week 3-5 Flashcards
Parliamentary Sovereignty is challenged by:
International law, rule of law, fundamental rights, etc…
What were the aims of the EU?
Economic and political integration
Core principles of the EU?
Principle of direct effect and supremacy
Direct effect?
EU treaties and laws that domestic courts are required to recognise and enforce in member states
Supremacy?
domestic law cannot override EU laws - UK took a ‘dualist’ approach (EU has to be transposed into domestic law by Parliament to ensure effect)
Is Parliament still sovereign within the EU?
Yes; courts accept EU law as supreme because Parliament ruled as such (courts are still able to scrutinise) and EU law status relied on Acts of Parliament
Rule of ‘Man’?
one person or group controlling legislative and executive mechanisms; laws change when leaders do; no continuity
Rule of Law?
all members of a society are held to the requirements of the law, government included; laws are consistent
Rule ‘by’ Law?
government has the appearance of the rule of law but there is favouritism towards those in power
Rule of Law interpretations?
Formal conceptions and substantive conceptions
Formal conceptions?
Must not be absurd; cannot apply retrospectively; and no discrepancy between law on books and in practise
Substantive conceptions?
Concerned with contents of laws and procedures; demands justice, inequality, and democracy; Parliament must be be able to justify laws before the courts
Common law rights?
rights to a particular kind of treatment by the state
Legality in common law?
actions of the government must have a grounding in law; no individual can be punished except for distinct breach of the law; public authorities cannot go beyond what is allowed of them by law
Fundamental rights
constrains the behaviour of public authorities
Fundamental rights: law
Human rights set out in the ECHR (given effect by the Human Rights Act 1998); rights can be referred to as ‘fundamental rights’ when given legal effect
Main sources of fundamental rights UK?
Common law constitutional rights and ECHR
What is devolution?
decentralisation of government power (Westminster Parliament transferring power to nations of the UK [Scotland, Northern Ireland, and Wales]); encourages PS to evolve
The UK Parliament
Two houses (Commons and Lords) and the Crown
Functions of the Crown
Limited role in Parliament; most power has been transferred to Executive; ceremonial roles: opening and proroguing Parliament; acts on ministerial advice; sets out gov’t agenda; provides Royal Assent
House of Commons: Legislative process
Initiation/scrutinisation/approval of legislative proposals; debating matters
House of Lords: Legislative process
Primarily scrutinising body; revise rather then reject; Parliament Acts 1911 and 1949 reduce Lord powers to reject/delay legislation; can introduce legislative proposals; debates matters
Parliament: Legislative process
Mostly government bills; main functions: scrutinise laws for democratic legitimacy, lawfulness, political acceptability, and effectiveness; amend bills if necessary
Pre-legislative stages (6)
Proposal, public consultation (green and white papers), publication, scrutiny (bills may be dropped or added to next session), the bill is passed in both houses, and receives Royal Assent
