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Public Law I > Week Four > Flashcards

Week Four Flashcards

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1
Q

What structure is the UK parliament when referring to the two chambers?

A

Bicameral

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2
Q

Who are frontbenchers?

A

Members of Parliament who hold significant positions within their party, including government ministers and opposition shadow ministers.

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3
Q

What are the responsibilities of frontbenchers?

A

Crafting, defending, and implementing government policies (for ministers) or scrutinizing and challenging government policies (for shadow ministers).

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4
Q

Who are backbenchers?

A

Members of Parliament who do not hold ministerial or shadow ministerial positions.

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5
Q

What are the responsibilities of backbenchers?

A

Representing the interests and concerns of their constituents, participating in debates, voting on legislation, and serving on parliamentary committees.

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6
Q

What are some key aspects of the House of Commons?

A

An elected chamber

Holds superiority over the House of Lords

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7
Q

What are some key aspects of the House of Commons?

A

Unlelected chamber

Has the power to delay and, in exceptional cases block legislation

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8
Q

What makes up the MP’s in the HoC?

A

650 members of parliament (MPs) each from one of the 650 constituencies in the UK.

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9
Q

What makes up the approximately 800 peers in the HoL?

A

Life Peers

Hereditary Peers

Bishops

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10
Q

How do both Houses scrutinize government policy?

A

They evaluate administration and legislative proposals (Bills).

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11
Q

How do the Commons and Lords differ in debates and bill scrutiny?

A

Commons generally approves government Bills due to majority.

Lords more frequently defeats government, lacks majority.

Lords acknowledged for more effective legislation scrutiny.

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12
Q

What is required for the formation of government?

A

Government requires a majority in the House of Commons (HoC) and must maintain the confidence of the HoC.

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13
Q

How does Parliament hold the government to account?

A

Examines the relationship between the executive and the legislature, contributing to the political constitution.

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14
Q

Who can enact primary legislation?

A

Only Parliament can enact primary legislation.

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15
Q

What are some other functions of Parliament?

A

Supplies personnel for the government.

Authorises taxes and government spending.

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16
Q

What is the electoral system?

A

A set of rules is used to determine the results of an election.

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17
Q

What is the electoral system used in the UK?

A

First-Past-the-Post (FPTP) system, focusing on constituency representation.

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18
Q

How are MPs in the House of Commons elected?

A

MPs are elected by their constituents and represent them.

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19
Q

To whom are MPs democratically accountable?

A

MPs are accountable to their constituencies, aiming for re-election or ensuring their party’s candidate wins in future elections.

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20
Q

What principle does Parliament embody?

A

The principle of government of the people by the people.

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21
Q

What do general elections determine?

A

Determine membership of the House of Commons

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22
Q

What do general elections decide regarding the government?

A

Decide the political party forming the government.

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23
Q

Where do government ministers come from?

A

From the party with majority seats.

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24
Q

How do elections often reflect party lines?

A

Historical dominance of Conservative and Labour parties, with increasing political fragmentation.

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25
Q

How does FPTP challenge democratic equality?

A

FPTP challenges the concept that every vote should count equally.

26
Q

How do vote disparities manifest in FPTP?

A

Votes in ‘safe’ constituencies count less than those in marginal ones (e.g., East Ham vs Bolton West, 2010 General Election).

27
Q

Why is FPTP often called ‘winner takes all’?

A

Only the candidate with the most votes wins; other votes don’t impact national outcomes.

28
Q

How do larger parties benefit from FPTP?

A

Larger parties (Conservative and Labour) often win more seats than votes justify.

29
Q

How do smaller parties fare under FPTP?

A

Smaller parties (Liberal Democrats, Green Party) lose out (e.g., 2017 Election results).

30
Q

What is a limitation of the two-party system in the UK?

A

UK’s political landscape is moving towards multi-party politics.

31
Q

What territorial issue was highlighted in the 2015 election?

A

SNP’s dominance in Scotland vs. Scottish unionist support.

32
Q

What is a general election?

A

An electoral process to choose most of the members of a legislature (Parliament).

33
Q

What do general elections determine?

A

Determine membership of the House of Commons (HoC) and which political party forms the government.

34
Q

How were general elections timed previously?

A

Called by Prime Ministers at their discretion within a five-year period.

Dependent on the confidence of the House of Commons.

A ‘no confidence’ vote traditionally led to dissolution and a new election.

35
Q

What was the outcome of the 2010 election?

A

Led to a coalition government between Conservatives and Liberal Democrats.

Introduced five-year fixed-term Parliaments under the Fixed-term Parliaments Act 2011.

Removed Prime Minister’s discretion to call elections.

36
Q

What did the Fixed-term Parliaments Act 2011 establish?

A

Elections at five-year intervals unless:
Two-thirds of MPs support an early election.
A government loses a confidence vote and
no new government forms within 14 days.

Reduced Prime Ministerial power and provided legislative certainty.

Reversed by the Dissolution and Calling of Parliament Act 2022.

37
Q

What were the challenges with fixed-term parliaments?

A

Governments could lose Commons’ confidence but still remain in office.

A ruling party could engineer a no-confidence vote to call an election.

Coalition partners could withdraw, potentially triggering elections.

38
Q

What did the Dissolution and Calling of Parliament Act 2022 do?

A

Repealed the Fixed-term Parliaments Act 2011.

Restored the monarch’s powers to dissolve and summon parliament.

Allowed Parliament to be dissolved and a general election called at the monarch’s
discretion.

Automatic dissolution of Parliament if not dissolved after five years.

Included an ouster clause making the exercise of prerogative power non-justiciable.

39
Q

What is the Alternative Vote system?

A

Voters rank candidates in order of preference (1, 2, 3, etc.).

Voters can rank as many or as few candidates as they wish.

40
Q

What was the outcome of the 2011 Alternative Vote referendum?

A

In 2011, the British people rejected adopting this system (67.9%).

41
Q

How does the Alternative Vote system work?

A

First Round: All first-preference votes are counted. If a candidate receives over 50% of first-preference votes, they are elected.

Second Round: If no candidate secures more than 50%, the lowest-ranking candidate is eliminated. Second-preference votes of the eliminated candidate are redistributed. The process repeats until one candidate has more votes than the combined total of others.

42
Q

What is the role of the House of Lords?

A

Works with the House of Commons in legislation but is less powerful.

43
Q

What do the Parliament Acts 1911-49 do?

A

Limit the House of Lords’ power to delay, not block, legislation.

44
Q

What is the House of Lords’ power over Money Bills?

A

1-month delaying power.

45
Q

What is a money bill?

A

A money bill in the UK Parliament is a public bill that deals with national taxation, public money, or loans, as determined by the Speaker of the House of Commons:

46
Q

What is the House of Lords’ power over Non-money Bills?

A

1-year delaying power.

47
Q

What is the exception to the Parliament Acts regarding the House of Commons?

A

The House of Commons cannot extend the parliamentary term beyond 5 years without the House of Lords’ consent.

48
Q

What is parliamentary privilege?

A

A set of rights and immunities essential for Parliament to function effectively and independently.

49
Q

What is the purpose of parliamentary privilege?

A

Essential for the effective functioning of Parliament.

50
Q

How does parliamentary privilege protect Parliament?

A

Safeguards the rights and immunities of Parliament, often overriding ordinary legal rights enforced by the courts.

51
Q

Why is freedom of speech in Parliament necessary?

A

Parliament needs to function without restrictions, allowing MPs to express ideas and concerns freely without fear.

52
Q

What is the legal basis for freedom of speech in Parliament?

A

Article IX of the Bill of Rights 1689 states that debates or proceedings in Parliament should not be questioned in any court.

53
Q

What is the historical context of freedom of speech in Parliament?

A

Originated as a response to royal interference, ensuring MPs’ work remains unobstructed by the crown or courts.

54
Q

What immunity does freedom of speech in Parliament provide?

A

Provides absolute protection for statements made within Parliament.

55
Q

What is exclusive cognisance?

A

Parliament can determine its own rules and procedures without court interference.

56
Q

What was the significance of Bradlaugh v Gosset (1884)?

A

Acts within Parliament are beyond court investigation.

57
Q

What was the significance of British Railways Board v Pickin (1974)?

A

Courts do not assess the Parliamentary process in legislation enactment.

58
Q

How can parliamentary privilege override ordinary legal rights?

A

Privilege can override ordinary legal rights, reflecting the principle of comity between legislative and judicial branches.

59
Q

Who determines the scope of parliamentary privilege?

A

Courts determine the scope, but once within privilege, courts cannot question it (Stockdale v Hansard, 1839; Chaytor, 2010).

60
Q

How are parliamentary publications protected?

A

Parliamentary publications are protected to ensure free communication of debates (Parliamentary Papers Act 1840).

61
Q

What is the uncertainty regarding the application of statute law to Parliament?

A

Uncertainty exists about its application to Parliament; statutes may not apply unless explicitly stated (Herbert Case).

Public Law I (14 decks)

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