Week 3-5

Question 1

Parliamentary Sovereignty is challenged by:

Answer 1

International law, rule of law, fundamental rights, etc…

Question 2

What were the aims of the EU?

Answer 2

Economic and political integration

Question 3

Core principles of the EU?

Answer 3

Principle of direct effect and supremacy

Question 4

Direct effect?

Answer 4

EU treaties and laws that domestic courts are required to recognise and enforce in member states

Question 5

Supremacy?

Answer 5

domestic law cannot override EU laws - UK took a ‘dualist’ approach (EU has to be transposed into domestic law by Parliament to ensure effect)

Question 6

Is Parliament still sovereign within the EU?

Answer 6

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

Question 7

Rule of ‘Man’?

Answer 7

one person or group controlling legislative and executive mechanisms; laws change when leaders do; no continuity

Question 8

Rule of Law?

Answer 8

all members of a society are held to the requirements of the law, government included; laws are consistent

Question 9

Rule ‘by’ Law?

Answer 9

government has the appearance of the rule of law but there is favouritism towards those in power

Question 10

Rule of Law interpretations?

Answer 10

Formal conceptions and substantive conceptions

Question 11

Formal conceptions?

Answer 11

Must not be absurd; cannot apply retrospectively; and no discrepancy between law on books and in practise

Question 12

Substantive conceptions?

Answer 12

Concerned with contents of laws and procedures; demands justice, inequality, and democracy; Parliament must be be able to justify laws before the courts

Question 13

Common law rights?

Answer 13

rights to a particular kind of treatment by the state

Question 14

Legality in common law?

Answer 14

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

Question 15

Fundamental rights

Answer 15

constrains the behaviour of public authorities

Question 16

Fundamental rights: law

Answer 16

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

Question 17

Main sources of fundamental rights UK?

Answer 17

Common law constitutional rights and ECHR

Question 18

What is devolution?

Answer 18

decentralisation of government power (Westminster Parliament transferring power to nations of the UK [Scotland, Northern Ireland, and Wales]); encourages PS to evolve

Question 19

The UK Parliament

Answer 19

Two houses (Commons and Lords) and the Crown

Question 20

Functions of the Crown

Answer 20

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

Question 21

House of Commons: Legislative process

Answer 21

Initiation/scrutinisation/approval of legislative proposals; debating matters

Question 22

House of Lords: Legislative process

Answer 22

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

Question 23

Parliament: Legislative process

Answer 23

Mostly government bills; main functions: scrutinise laws for democratic legitimacy, lawfulness, political acceptability, and effectiveness; amend bills if necessary

Question 24

Pre-legislative stages (6)

Answer 24

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

Question 25

Government dominance in House of Commons?

Answer 25

government defeats in the Commons are rare; gov’t has greater access to information and drafting resources, control of timetable, and party loyalty in HoC