Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

FLK1: English Legal System + Admin Law > 3): Constitutional and Administrative Law > Flashcards

3): Constitutional and Administrative Law Flashcards

(60 cards)

Start Studying
1
Q

What are the three main parts of Parliament?

A

House of Commons
House of Lords
The Monarch

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the functions of Parliament?

A

Make laws

Form and oversee the government

Scrutinise executive power

Represent the public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How is the House of Commons different from the House of Lords?

A

Commons: elected, forms government, controls money bills

Lords: unelected, revises laws, can delay but not block

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the four key principles of parliamentary sovereignty?

A

Can make/repeal any law

Cannot bind successors

Cannot be overridden by others

Only Parliament makes UK law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the Enrolled Bill Rule?

A

Courts can’t question the validity of an Act after Royal Assent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What limitations exist on Parliamentary Sovereignty?

A

Acts of Union

Devolution

Rule of Law

Human Rights Act 1998

EU Law (prior to Brexit)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are Henry VIII Powers?

A

Powers allowing ministers to amend laws without full parliamentary approval.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Who makes up the UK Government?

A

Prime Minister (head of government).

Ministers of the Crown.

Civil Service.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What mechanisms hold the government accountable?

A

PM’s Question Time (weekly).

Debates on policy.

Select Committees (MP-led scrutiny).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the structure of the UK in terms of devolution?

A
  1. The UK is a unitary state, but Parliament has devolved legislative powers to:

Scottish Parliament

Welsh Parliament (Senedd Cymru)

Northern Ireland Assembly

  1. under Parliamentary Sovereignty, Westminster can revoke devolved powers at any time.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are reserved matters?

A

Areas only Westminster can legislate on:

Constitution
Defence
Immigration
Foreign affairs
Currency and pensions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What powers does the Scottish Parliament have?

A

Can legislate on health, education, civil & criminal law, and local government

has separate legal system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What can’t devolved legislatures not do?

A

Legislate outside their nation

Breach ECHR

Legislate on reserved matters

Conflict with the Human Rights Act 1998

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Does Wales have a separate legal system?

A

No, Wales follows the same legal system as England.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How does Northern Ireland’s legislative power differ?

A

Unique power-sharing system due to historical conflicts.

Some decisions require cross-community agreement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the Sewell Convention?

A

Westminster will not normally legislate on devolved matters without consent from Scotland, Wales, or Northern Ireland.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Does the Sewell Convention legally bind Westminster?

A

No, as it does not affect Parliamentary Sovereignty, the UK government can override devolved legislatures.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the Monarch’s three key roles in government?

A

The Executive – Head of State, appoints the Prime Minister, grants honours, signs state papers, conducts foreign affairs.

The Legislature – Summons and dissolves Parliament, grants Royal Assent to bills, appoints Parliamentary officers.

The Judiciary – Head of the judiciary, appoints judges (but cannot act in judicial cases).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the Monarch’s privileges & immunities?

A

Cannot be legally sued or prosecuted.

Courts have no jurisdiction over the Monarch.

Cannot be compelled to testify in court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are constitutional conventions?

A

Non-legal rules that govern constitutional behaviour but are not legally enforceable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What are key examples of constitutional conventions?

A

The Monarch plays no active role in government.

The Monarch cannot refuse Royal Assent.

The PM must command a majority in the House of Commons.

Ministers are responsible for departmental administration & conduct.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is Collective Cabinet Responsibility?

A

If a government loses a vote of no confidence, the Cabinet must resign.

Cabinet members must publicly support government policy or resign.

Cabinet discussions remain secret.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

How can a constitutional convention become law?

A

Only if codified into statute by Parliament.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is Prerogative Power?

A

The residual discretionary powers of the Monarch, exercised by the government without requiring Parliament’s approval.

examples:

Declaring war & deploying armed forces.

Recognising foreign states & making treaties.

National security & intelligence matters.

Granting pardons & honours.

Appointing/dismissing the Prime Minister.

Summoning/dissolving Parliament.

Setting up public bodies (e.g., BBC).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Do Acts of Parliament override Prerogative Powers?
Yes. If a statute covers the same area as a prerogative power, the statute takes precedence. PPs cannot override statutory law
26
Can Prerogative Powers be revived?
Yes, if a statute repealing them is itself repealed, Prerogative Powers can return.
27
Can Prerogative Powers be subject to judicial review?
Yes, following the GCHQ case, courts can review most prerogative powers for illegality, irrationality, or procedural impropriety. not subject to JR: Powers over highly political matters, including: Making/unmaking treaties Defence & national security Dissolution of Parliament Appointment of ministers
28
Which Prerogative Powers can be judicially reviewed?
Powers that affect individual rights, such as: Passports & immigration Government contracts Granting pardons
29
What is Parliamentary Privilege?
Legal immunity granted to MPs, Lords, and officials so they can perform duties without external interference. 2 key privileges: Freedom of Speech – MPs & Lords cannot be sued for statements in Parliament. Exclusive Cognisance – Parliament controls its own procedures, conduct, and discipline. Courts cannot interfere.
30
Can Parliamentary Privilege be challenged in court?
No.
31
What are Dicey’s principles of the Rule of Law?
No one above the law No punishment without law Law must apply equally to all Rights protected by ordinary courts
32
How does the Judiciary protect the Rule of Law?
By ensuring: Government cannot abuse power arbitrarily. Due process & personal liberty are upheld.
33
Does the UK have a strict Separation of Powers?
No, due to its unwritten constitution, but: Judges are independent from Government. Ministers are part of both the Government & Parliament.
34
How is the Executive (Government) checked by the Legislature (Parliament)?
House of Commons (Disqualification) Act 1975 – Limits the number of ministers in Parliament. Parliamentary scrutiny – PMQs, Select Committees, Debates. Cabinet Responsibility – Ministers must resign if they fail their duties.
35
How is the Judiciary protected from Government influence?
Constitutional Reform Act 2005 – Guarantees judicial independence. Judicial Appointments Commission – Ensures fair appointment of judges. Security of tenure – Judges cannot be removed except by a Parliamentary vote.
36
How does Parliament maintain independence from the Judiciary?
Judges cannot be MPs. Judges cannot be sued for decisions. "Sub judice" rule – Parliament cannot discuss cases actively being heard in court.
37
What is Delegated Legislation?
Made under authority of Acts Types: Statutory Instruments, Bylaws, Orders in Council, Regulations
38
How is Delegated Legislation scrutinised?
Affirmative Resolution – Parliament must approve before it becomes law. Negative Resolution – Automatically becomes law unless Parliament rejects it within 40 days.
39
What is Express and Implied Repeal?
Express: A later Act of Parliament explicitly repeals an earlier law. Implied: A later Act automatically overrides an earlier one if they conflict.
40
What are the three key police powers regarding public processions?
Advance Notice: 6 days' notice required for processions unless impractical. Imposing Conditions: Police can impose conditions if there’s a risk of disorder, property damage, or intimidation. Banning Processions: Can be banned for up to 3 months with Home Secretary's consent.
41
Can police ban public assemblies under the Public Order Act?
No, but they can impose conditions
42
What is Breach of the Peace?
A common law power allowing police to prevent violence or threats of violence. They can: Arrest and detain individuals. Ban processions. Disperse assemblies. Enter private premises without a warrant.
43
What is Judicial Review?
legal process where courts ensure the Executive acts within legal limits and doesn’t abuse power.
44
What are the four main grounds for Judicial Review?
Illegality: Acting beyond legal powers. Irrationality: A decision no reasonable body would make. Procedural Impropriety: Failing to follow correct procedures. Legitimate Expectation: Breaking a public body’s promise.
45
What key tests determine if a body is subject to Judicial Review?
Source of Power Test – Is the power derived from statute/prerogative? Nature of Power Test – Does it perform a public function? sufficient interest test - claimants must show that they are directly affected/ claim raises issues of public interest Time limit: 3 months from the decision date (6 weeks for planning cases, 30 days for public procurement cases).
46
What are the two types of remedies in Judicial Review?
Prerogative Remedies: Quashing orders, mandatory orders, prohibitory orders. Non-Prerogative Remedies: Declarations, injunctions, damages.
47
What orders are available against public bodies?
Quashing order: Cancels a decision and requires the public body to remake it properly. mandatory order:Forces a public body to fulfil a legal duty. Prohibitory order: Prevents a public body from acting unlawfully.
48
Can Judicial Review grant damages?
Yes, but only if private law rights have been affected.
49
Are Judicial Review remedies automatic?
No, they are discretionary – granted only if in the public interest.
50
What is Irrationality in Judicial Review?
When a decision is so unreasonable that no sensible person could have made it (Wednesbury unreasonableness).
51
Give examples of Procedural Impropriety.
Failing to consult affected parties. Denying a fair hearing. Showing bias in decision-making.
52
What is Legitimate Expectation in Judicial Review?
When a public body breaks a promise that people relied on.
53
What did the Human Rights Act 1998 do?
Incorporated most ECHR rights into UK law. Only a victim directly affected by a rights violation can bring a claim under HRA
54
Name the main provisions of the HRA 1998:
s.2 – Courts consider ECHR case law s.3 – Laws must be read compatibly with rights s.4 – Courts can issue declaration of incompatibility s.6 – Public authorities must not breach rights s.7 – Only a victim can bring a claim s.8 – Courts can award relief/damages s.10 – Ministers can amend laws via remedial order
55
What must ministers do before introducing new legislation?
State whether the bill is compatible with Convention rights.
55
What is Retained EU Law?
EU law kept in UK law after Brexit.
55
What did the Retained EU Law (Revocation and Reform) Act 2023 do?
Changed Retained EU Law to “assimilated law,” removed supremacy of EU law, and allowed UK courts to depart from retained case law. courts can amend or remove retained EU law using secondary legislation.
55
What is the role of the Court of Justice of the EU (CJEU) post-Brexit?
UK courts are no longer bound by CJEU decisions but may consider them.
55
What are the main Articles of the ECHR?
Art. 2 – Right to life Art. 3 – Ban on torture Art. 5 – Liberty Art. 6 – Fair trial Art. 8 – Private/family life Art. 9 – Belief/religion Art. 10 – Expression Art. 11 – Assembly Art. 14 – No discrimination
55
What rights do the protocols to the ECHR add?
Protocol 1, Art. 1 – Protection of property Protocol 1, Art. 2 – Right to education Protocol 1, Art. 3 – Right to free elections Protocol 13 – Abolition of the death penalty

FLK1: English Legal System + Admin Law (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions