Constitutional/Admin/EU Flashcards
(117 cards)
1
Q
Describe the features of the UK constitution
A
UK has an uncodified, monarchical, unitary, flexible constitution that has an informal separation of powers.
2
Q
Explain the difference between a codified/uncodified constitution
A
Codified –> constitution set out in a single document
Uncodified –> constitution is made up of different sources like statute and case law.
3
Q
Explain the difference between a federal/unitary constitution
A
Federal –> division of power between central and regional government
Unitary –> single, sovereign legislative body with power concentrated at the center (UK parliament).
4
Q
Explain the difference between a rigid/flexible constitution
A
Rigid –> entrenched so the constitution can only be changed following a special procedure
Flexible –> constitution is easy to change.
5
Q
Explain the difference between a formal/informal separation of powers
A
Formal separation –> clear separation of functions and personnel between the different branches of state
Informal separation –> significant degree of overlap regarding the functions and personnel between the different branches of state as there is no formal mechanism to keep them separate.
6
Q
What are the UK’s core constitutional principles?
A
- Abide by the rule of law
- Separation of powers between the legislative, executive and judiciary branch
- Sovereignty of parliament.
7
Q
What are the sources of the UK constitution?
A
- Acts of parliament
- Case law
- Royal prerogative
- Constitutional conventions.
8
Q
Give examples of Acts of Parliament that make up the UK constitution
A
Magna carta –> limits on the monarch’s power and rule that no one is above the law
Bill of rights –> removed the monarch’s power to suspend Acts of parliament and introduced parliamentary privilege
Parliament Acts –> legislation can be enacted by House of Commons without House of Lords consent
HRA –> incorporates the ECHR into UK domestic law.
9
Q
Give examples of principles that derived from case law which make up the UK constitution
A
- Residual freedom allowing citizens to do or say whatever they wish unless law prohibits it
- State officials cannot act in an arbitrary way
- Legal disputes should be resolved by the judiciary not by the monarch
- Habeas corpus where an individual detained by the state has the right to have their detention legally tested before a court
- Right to a fair hearing
- Judicial review.
10
Q
Give examples of royal prerogative powers that make up the UK constitution
A
Remaining absolute powers that the Monarch still has over foreign and domestic affairs
Foreign affairs:
- Declaration of war and deployment of armed forces overseas,
- Making treaties
Domestic affairs:
- Summoning parliament,
- Appointment/dismissal of PM,
- Giving royal assent to bills to be passed,
- Deployment of armed forces within the UK (defence of the realm),
- Pardon/mercy.
11
Q
Give examples of constitutional conventions that make up the UK constitution
A
Non legal source of the constitution so cannot be directly enforced by the courts but are binding
- Monarch does not refuse royal assent to a bill being passed if advised by the PM
- Individual ministerial responsibility
- Collective cabinet responsibility
- UK Parliament will normally only legislate on a matter that has been devolved to the Scottish Parliament if the Scottish Parliament has given its consent
- Legal powers vested in the monarch are exercised on his behalf by the elected government
- Judiciary should not play an active role in politics.
12
Q
Explain individual ministerial responsibility as a constitutional convention
A
- Govt ministers responsible to parliament for the running of their respective departments and personal conduct
- No conflict of interest between minister’s public duties and their private interests or they must resign.
13
Q
Explain collective cabinet responsibility as a constitutional convention
A
- Cabinet is collectively responsible to parliament for actions of the govt as a whole
- Government must retain the confidence of the House of Commons
- A government that is defeated on a vote of ‘confidence’ in the House of Commons must resign
- Cabinet minister must resign if he or she wishes to speak out in public against govt policy.
14
Q
Explain the difference between primary and secondary legislation
A
Primary –> acts enacted by the parliament
Secondary –> acts enacted by government which parliament decides to enforce.
15
Q
What are the main functions of parliament?
A
- Scrutinise govt work
- Enact legislation that the govt has drafted
- Debate key issues
- Approve govt funding
- Provide personnel for the govt as all govt ministers are drawn from parliament.
16
Q
Which personnel does parliament consist of?
A
House of Commons
House of Lords
Monarch.
17
Q
Give some features of the House of Commons
A
- Elected, representative body
- Elected by attaining most votes at general election in their respective constituencies (first past the post system)
- Speaker is the chair of the House of Commons
- Prime minister is part of this House
- Will of the Commons prevail.
18
Q
Give some features of the House of Lords
A
- Not elected and not representative
- Currently made up of: Lords Temporal (life peers) and Lord Spiritual (senior clergy of Church of England)
- Life peers are appointed by the Monarch on the prime minister’s advice and an Appointments Commission who put forward prospects from different professions, interests and political affiliations
- Monarch can give Royal Assent to a bill that lacks consent of House of Lords.
19
Q
Explain the meeting and duration of parliament
A
- Parliament must be summoned every 3 years but meet regularly by convention
- Maximum life of parliament is 5 years.
20
Q
Explain the impact of the royal prerogative over parliament
A
Monarch has the royal prerogative power to dissolve parliament or end a session in parliament which terminates all business pending at the end of the session.
21
Q
When can early parliamentary elections take place?
A
- There has been a vote of no confidence or
- There has been a vote by at least 2/3 of all MPs in favour of an early election.
22
Q
Explain the legislative process in making an Act of Parliament
A
- First reading
- Second reading
- Committee stage
- Third reading
- House of Lords proceedings
- Royal assent.
23
Q
Explain what occurs during the first and second reading of a bill to be passed
A
First reading: Title of the bill read out, printed and published
Second reading: Main debate occurs in House of Commons over the bill’s principles.
24
Q
Explain what occurs during the committee stage of a bill to be passed
A
- Bill is referred to a public bill committee who examine the bill in detail and make any necessary details
- Not required for important bills or bills that require little discussion as they may be referred to the Committee of the Whole House.
25
Explain what occurs during the third reading of a bill to be passed
* Consider the amended bill with a brief debate and any verbal amendments
* Final opportunity to vote on the bill.
26
Explain what occurs during the proceedings in the House of Lords stage of a bill to be passed
* First reading, second reading, Committee of the Whole House and third reading takes place in the House of the Lords
* Then the bill is sent back to the House of Commons if the Lords made any amendment
* If the commons disagree with the Lord’s amendments – the Lords will usually accept it.
27
Explain what occurs during Royal Assent of a bill to be passed
Once royal assent received – bill becomes law and is now an Act of Parliament.
28
What is delegated legislation?
* Made by government ministers in the form of rules or regulations ('statutory instruments'), which supplement the provisions of an Act of Parliament.
* Parliament cannot amend delegated legislation – can come into effect without either House voting on it at all
* Parliament can only scrutinise the delegated legislation.
29
Explain the affirmative resolution procedure in delegated legislation
Statutory instrument cannot come into effect or ceases to have effect unless one or both Houses pass a resolution approving it.
30
Explain the negative resolution procedure in delegated legislation
Government required to annul the instrument if either House passes a resolution rejecting the instrument within a specified period.
31
Explain the difference between public and private bills
Public bills --> alter the general law concerning the public as a whole
Private bills --> relates to matters of specific individuals, corporate or local interest and affect specific people and/or specific localities.
32
Explain the features of government bills
* Submitted to parliament as part of government’s legislative programme
* Listed in the king’s speech at the start of a parliamentary session.
33
Explain the features of private members bills
Introduced by MPs or Lords who are not government ministers.
34
Explain the features of money bills
* Deals only with national taxation and is passed by the Commons
* Presented to the Monarch for assent one month after being sent to the Lords and will become law even though it lacks the consent of the Lords.
35
Explain the principle of parliamentary sovereignty
* Parliament is the supreme law-making body so can enact or repeal laws on any subject
* No parliament can be bound by a predecessor or bind a successor
* No other person can question the validity of an Act of Parliament or declare it to be unlawful
* Courts have no power to disregard an Act of Parliament, or to investigate proceedings that had taken place in Parliament to determine whether there had been any irregularity of procedure or fraud.
36
What is the enrolled act rule?
Once an Act of Parliament has been entered onto the Parliamentary roll, the courts will not question the validity of that Act or hold the Act to be void.
37
Explain the scope of parliament’s legislative power
Unlimited legislative power
* Statute can override international law
* Statute can override constitutional conventions
* Statute can alter the constitution
* Statute can operate retrospectively
* Statute can abolish or curtail aspects of the royal prerogative.
38
Explain the doctrine of implied repeal
* Where there is inconsistency between two acts of parliament – the later act will repeal the earlier act
* Does not apply to constitutional statutes as they are of such significance that the courts require actual intention from parliament to change them not an implied intention.
39
What are constitutional statutes?
* A statute that conditions the legal relationship between citizen and state in some general, overarching manner or
* A statute that changes the scope of fundamental constitutional rights
* Can only be repealed by express words.
40
Explain the doctrine of express repeal
If a later parliament expressly repeals the contents of an Act made by an earlier Parliament, that earlier Act will no longer be valid.
41
How is parliamentary sovereignty limited by the Acts of Union?
Cannot pass legislation overriding the provisions by the Acts.
42
How is parliamentary sovereignty limited by devolution?
* Parliament is unlikely to legislate in devolved areas without the devolved legislature’s consent
* Parliament not having the power to abolish devolved parliaments/governments unless the devolved people vote for this in a referendum.
43
How is parliamentary sovereignty limited by Acts of Independence?
* Parliament is not likely to repeal the Acts granting independence to former colonies
* Even if Parliament did repeal the Acts of independence and resume legislating for the former colonies, such legislation would be unenforceable.
44
How is parliamentary sovereignty limited by Henry VIII powers?
Permits the relevant government minister to amend or even repeal the relevant statute instead of parliament.
45
How is parliamentary sovereignty limited by the rule of law?
Judges could qualify the sovereignty principle in exceptional circumstances to prevent Parliament from legislating in a manner that was contrary to the rule of law.
46
How is parliamentary sovereignty limited by assimilated EU law?
* Assimilated EU law remains supreme over UK legislation
* Courts had to read UK legislation in such a way as to make it compliant with EU law (rule of construction – known as doctrine of indirect effect)
* If it could not read UK legislation to be compatible with EU law – courts have to give precedence to directly effective EU law and set aside inconsistent national legislation.
47
How is parliamentary sovereignty limited by the HRA?
* s3 is used to stretch the meaning of legislation to make such legislation compatible with ECHR
* Where the courts are unable to interpret domestic legislation in such a way as to make it compatible with Convention rights, a declaration of incompatibility may be made under s4
* s10 creates a fast track procedure that the govt can use to amend the incompatible legislation if there are compelling reasons to do so
* But legally parliament can repeal the HRA.
48
Explain the rule of purposive interpretation
Courts departed from the strict literal interpretation of the UK regulations and implied words into the regulations in order to comply with EU law.
49
Explain the UK’s dualist system
If the Government signs an EU treaty that requires a change in the law, it is for Parliament to authorise such a change by legislation.
50
What is EU primary legislation?
Treaties
* Lays down the legal framework of the EU
* Give EU the power to legislate in a wide range of areas by adopting secondary legislation.
51
What is EU secondary legislation?
Regulations
Directives
Decisions
Recommendations/opinions.
52
Explain the role of EU regulations
* Directly applicable and automatically binding in all Member States
* Capable of both horizontal and vertical direct effect.
53
Explain the role of EU directives
* Sets out objectives to be achieved and a date by which member states must implement them
* Obliges member states to pass domestic legislation themselves to implement those objectives
* Can only have vertical direct effect but the time limit for implementation by Member States must have been expired for you to rely on it and take action against state.
54
Explain the role of EU decisions
* Directly binding on those whom they are addressed
* Capable of both horizontal and vertical direct effect.
55
Explain the role of EU recommendations/opinions
Not binding.
56
Explain the difference between EU law having vertical direct effect and horizontal direct effect
Vertical --> EU law is enforced against the state or a state body
* So you can rely on EU law to challenge a decision made by a govt dept
* Individual vs state
Horizontal --> EU law can be enforced against private bodies
* So you can rely on EU law in a dispute with your employer or private company
* Individual vs individual.
57
When does EU law have direct effect?
* The provision must be sufficiently clear, precise and unconditional not requiring any additional measures
* Doctrine of implied repeal does not apply to directly effective EU law as it is a constitutional statute
* So it can prevail over post 1972 Acts of Parliament where there was a conflict between the two.
58
Explain the principle of parliamentary privilege
* Allows freedom of speech and exclusive cognisance in parliament.
* They can manage their own proceedings without outside interference
59
Explain parliament’s right to freedom of speech
* Governed by art 9, Bill of Rights
* Allows parliamentarians to carry out their functions without fear of civil proceedings or criminal prosecutions
* MPs and Lords have immunity from legal proceedings and contempt of court
* Protected from defamations action unless malice can be proved
* Extends to official reports of proceedings in Parliament.
60
Explain parliament’s exclusive cognisance
* Parliament has the right to control its own composition and procedures
* It has sole control over all aspects of its own affairs including disciplinary powers over MPs and the right to punish anyone for contempt of parliament.
61
Explain the reserved powers model
Devolved power to legislate on all non-reserved matters which are reserved for Westminster parliament.
62
Explain Scotland’s role in legislation as a devolved state
* Cannot legislate on reserved matters as this is the UK parliament’s responsibility
* Can legislate on devolved matters which will be the Scottish parliament’s responsibility
- Reserved powers model.
63
Explain Wales’ role in legislation as a devolved state
* Cannot legislate on reserved matters as this is the UK parliament’s responsibility
* Can legislate on devolved matters which will be the Welsh parliament’s responsibility
* Reserved powers model.
64
Explain Northern Ireland’s role in legislation as a devolved state
- Can never legislate on excepted matters as this will always remain the UK’s parliament responsibility
- Can not currently legislate on reserved matters as this is currently the UK’s parliamentary responsibility but Northern Ireland can ask the matter to be transferred
- Can legislate on transferred matters as this is Northern Ireland’s parliamentary responsibility which is everything not reserved or excepted
65
What are some examples of reserved matters that Scotland and Wales cannot legislate on?
Examples include benefits, social security, constitution, defence, and foreign affairs.
66
What are some examples of devolved matters that Scotland and Wales can legislate on?
They can legislate on everything not reserved, including agriculture, environment, and health.
Scotland specifically has responsibilities for justice and policing.
67
What are examples of reserved matters that Northern Ireland cannot currently legislate on?
Broadcasting, Consumer safety, IP
68
What are examples of excepted matters that Northern Ireland can never legislate on?
Defence, Foreign affairs, UK-wide taxation
69
What are examples of transferred matters that Northern Ireland can legislate on?
Everything not excepted or transferred including Agriculture, Environment, Health, Justice, Policing
70
What are the features of the Scottish Parliament?
Members are made up of constituency members and regional members.
* Constituency members are elected using the first past the post system.
* 7 Regional members are elected from each of the 8 Scottish regions.
There is a Presiding officer, equivalent to parliament’s Speaker.
It can pass primary legislation. Once it passes a bill that receives royal assent, it becomes an Act of Scottish Parliament.
71
What are the features of Scottish elections?
* Elections take place every 5 years.
* Age 16+ can vote.
* Early elections can occur if two-thirds of MSPs vote in favour or if Parliament does not nominate a First Minister within 28 days of an election due to the First Minister resigning or ceasing to be an MSP.
72
What are the features of the Scottish government?
* Headed by the First Minister appointed by the Monarch, who is the leader of the largest party in Scottish Parliament.
* Includes ministers and junior ministers appointed by the First Minister with Parliament’s agreement and Monarch’s approval.
* Also includes Lord Advocate and Solicitor General for Scotland.
73
What are the features of the National Assembly of Wales?
* Has the power to pass delegated legislation.
* Split into the Senedd Cymru (legislative branch) and Welsh government (executive branch).
74
What are the features of the Senedd Cymru?
* Welsh parliament.
* Once it passes a bill that receives royal assent, it becomes an Act of the Senedd.
* Can pass primary legislation.
* Majority of Members are elected to represent the same Welsh constituencies as used in the UK parliament election.
* Remaining members are elected to represent the 5 electoral regions of Wales based on proportional representation.
75
What are the features of Welsh elections?
* Elections take place every 5 years.
* Age 16+ can vote.
76
What are examples of Welsh primary legislation?
Government bills, Member bills, Private bills
77
How are Welsh government bills enacted?
4 stage process:
* Consideration and agreement of bill’s general principles,
* Detailed consideration of the bill and any relevant committee changes,
* Detailed consideration of the bill and any changes by the Senedd,
* Vote by the Senedd to pass the bill’s final draft and royal assent after 4 weeks.
78
What are the features of Welsh secondary legislation?
* Welsh ministers can enact secondary legislation where authorised by a parent act.
* Developed through the affirmative or negative procedure.
79
What are the features of the Welsh government?
* Headed by the First Minister appointed by the Monarch.
* Recommends the Counsel General appointed by the Monarch.
* Appoints up to 12 Welsh ministers and deputy ministers approved by the Monarch to serve in the cabinet.
80
What are the 3 strands to Northern Ireland’s Good Friday Agreement?
* There should be a democratically elected assembly with a power-sharing executive.
* There should be a North/South Ministerial Council comprising ministers from Northern Ireland and the Irish Republic.
* There should be a British-Irish Council comprising representatives from the British and Irish governments, the devolved administrations, Isle of Man, Guernsey, and Jersey.
81
What are the features of the Northern Ireland Assembly?
* Northern Ireland parliament.
* Once it passes a bill that receives royal assent, it becomes an Act of the Northern Ireland Assembly.
* Can pass primary legislation.
* Members are elected under the single transferable vote form of proportional representation.
* Appoints a First Minister, Deputy First Minister, and Northern Ireland Ministers within 14 days after the first meeting of the assembly following an election.
82
What are the features of Northern Ireland elections?
Elections for the Northern Ireland Assembly take place every 5 years.
83
What are the features of the Northern Ireland Executive?
* Northern Ireland government.
* There are 3 political designations: nationalist, unionist, and other.
* First Minister is the nominee of the largest political party of the largest political designation.
* Deputy First Minister is the nominee of the largest political party of the next largest political designation
84
How does the First minister and Deputy first minister hold office?
Holds office equally so if one resigns – the other will also cease to hold office
85
What is the Sewel Convention?
* Convention that Westminster would not normally legislate on devolved matters without the consent of the devolved parliament.
* Does not affect parliamentary sovereignty.
* Courts do not police the convention as it is just a convention and has no legal basis.
* Scottish Parliament gives its consent through Legislative Consent Motions (LCMs).
86
What is the impact of passing an Act of (devolved) Parliament which is outside the devolved state’s legislative competence?
* Will not be law.
* The presiding officer must indicate that the Bill is outside its competence, but this doesn’t preclude the Bill from proceeding.
* It can be read as narrowly as required for it to be within competence.
87
When are Acts outside a devolved state’s legislative competence?
* They form part of the law of any territory other than the devolved state,
* Relate to reserved matters,
* Modifies certain enactments like freedom of trade or the HRA,
* Incompatible with the ECHR,
* Removes the Lord Advocate from their position.
88
What is the Supreme Court’s role in determining legislative competence?
If a devolved state is questioning whether a Bill they want to pass is within its legislative competence, they can refer the matter to the Supreme Court in 3 ways:
* Devolved state or UK law officer refers the matter,
* Higher courts appeal the matter,
* Appellate Courts refer the matter.
89
What are section 35 orders?
* Section 35 of the Scotland Act grants the Secretary of State of Scotland the power to prevent legislation enacted by the Scottish Parliament from being submitted for royal assent in specified circumstances.
* Section 114 of the Government of Wales Act contains an equivalent provision regarding the Senedd Cymru.
90
What is the role of the Joint Ministerial Committee?
* Set of committees consisting of ministers from the UK and devolved governments.
* Provides central co-ordination of the overall relationship between the UK and the devolved nations.
* Considers non-devolved matters that affect devolved responsibilities and devolved matters that are beneficial to discuss.
91
What are the sub-committees of the Joint Ministerial Committee?
JMC EU Negotiations
* Involves the devolved administrations in agreeing a UK approach to the UK’s withdrawal from the EU.
JMC Europe
* discusses EU policy matters that affect devolved policy areas.
92
How is the UK’s constitution legitimised?
Through the rule of law and separation of powers which prevent the arbitrary exercise of power.
93
What are the basics of the rule of law?
* Law should not be applied arbitrarily.
* No one is above the law.
* No one should be punished other than in accordance with the law.
94
What is Dicey’s explanation of the rule of law?
* No man is punishable except for where they have breached the law in the ordinary legal manner before the ordinary courts.
* No man is above the law.
95
What is the present-day explanation of the rule of law?
* There should be legal certainty with no arbitrary exercise of power.
* Right to personal liberty.
* Due process of law where citizens have a right to fair procedures in determining civil/criminal liability.
* Equality before the law where similar cases should be treated similarly and state officials not exept from legal control
96
What is the right to personal liberty?
Citizens should be free and only detained/subject to punishment if they have broken the law.
97
What is the importance of the rule of law?
* Prevents government from exercising arbitrary power,
* Holds government accountable through judicial review,
* Sets out clear laws for citizens,
* Ensures laws are not retrospective,
* Provides legal redress for grievances.
98
What is Lord Bingham’s interpretation of the rule of law?
* Law must be accessible, clear, and predictable.
* Disputes should be resolved by applying the law, not through discretion.
* Law should apply equally to all.
* Law should adequately protect human rights.
99
What is the purpose of the constitutional principle of separation of powers?
* There should be a clear separation of personnel and functions between the different branches of state to prevent excessive power.
* There should be a system of checks and balances between the branches.
100
What are the 3 branches of state?
* Legislature (parliament who makes the law),
* Executive (government who implements/administers the law),
* Judiciary (court who resolves disputes about the law).
101
What is the difference between central government and the crown?
Central government is made up of the monarch, government ministers, and civil service members.
The Crown includes the central government and members of the police and armed forces.
102
What is the overlap between the executive and legislative branches?
Parliament as the executive branch rubber stamps and passes the government’s legislative proposals.
* Most MPs in the House of Commons are members of political parties that form the government, creating an in-built majority.
* Government controls the parliamentary timetable so most of the time is devoted to government's legislative proposals
103
What is the overlap between the executive and legislative branches (2)?
* Pressure is placed on MPs from the governing party to support bills.
* Henry VIII powers enable government to amend or repeal primary legislation by way of delegated legislation without reference back to Parliament.
104
How is the checks and balances system used to preserve the separation of powers between the executive and legislative branches?
* Individual ministerial responsibility,
* Collective cabinet responsibility,
* MPs ask questions to government ministers,
* All government bills are debated at their second reading,
* Select committees examine government departments.
105
What are the statutory provisions preserving the separation of powers between the executive and legislative branches?
House of Commons Disqualification Act 1975
- Disqualifies certain members of the executive from being MPs.
- The number of government ministers who can sit in the House of Commons is limited to 95.
106
What is the limitation on parliament’s power to scrutinise government activity?
Parliament cannot scrutinise government activity where they have exercised their royal prerogative power on matters including national security, defence of the realm, and deployment of armed forces.
107
What is the role of the Parliamentary and Health Service Ombudsman?
Appointed by the Crown with two functions:
- Commissioner for Administration (PCA)
- Health Service Commissioner for England.
Investigates complaints of maladministration by government departments but their decisions are not binding.
108
How is the separation of powers preserved between the executive and judiciary branches?
* Government ministers should not seek to influence decisions through special access to the judiciary.
* Judicial appointments is dealt with by the Judicial Appointments commission which is politically impartial and free from executive control
* Judges have security of tenure and cannot be dismissed for disagreeing with government judgments.
109
How is the separation of powers preserved between the executive and judiciary branches (2)?
* Judges have immunity from claims in tort over judicial actions.
* By convention, members of the executive do not criticise judicial decisions.
* Judicial review allows the executive to be held accountable
* Judiciary is responsible for deciding the extent of the royal prerogative exercised by the executive branch
110
What is the judiciary’s role in deciding the extent and reviewing the executive’s exercise of royal prerogative powers?
Extent --> The judiciary can determine if a royal prerogative power exists but cannot create new prerogative powers or extend existing powers.
Review --> They cannot automatically review the exercise of royal prerogative.
111
Which royal prerogative powers exercised by the executive can be judicially reviewed?
Those that are non-justiciable
* Making international treaties,
* Control of the armed forces,
* Defence of the realm,
* Dissolution of Parliament,
* Prerogative of mercy,
* Granting public honours.
112
What is the impact of the sub-judice rule and contempt of court laws in preserving the separation of powers between executive and judiciary branches?
Under the sub-judice rule, parliament refrains from discussing matters currently before the courts.
Contempt of court laws prevent outside interference with justice, stopping ministers from commenting prejudicially on cases before the courts.
113
What are the statutory provisions preserving the separation of powers between the executive and legislative branches?
Constitutional Reform Act 2005 transferred the Lord Chancellor’s role as head of the judiciary to the Lord Chief Justice.
Established the Judicial Appointments Commission and created the Supreme Court.
114
What is the role of the Judicial Appointments Commission?
Ensures the appointment of judges occurs solely on merit and is not influenced by political considerations
115
What are the statutory provisions preserving the separation of powers between the legislature and judiciary branches?
House of Commons Disqualification Act 1975
- Disqualifies certain members of the judiciary from being MPs.
Article 9 of the Bill of Rights
- Guarantees freedom of speech in Parliament
- Lords and MPs enjoy immunity from any criminal or civil proceedings arising out of any statements made by them within Parliament due to parliamentary privilege.
116
How is the separation of powers preserved between the legislative and judiciary branches?
- Constitutional convention that MPs will not criticize a particular judge
- Convention that members of the judiciary will not become involved in political activities
- Sub-judice rule
117
What is the sub-judice rule?
Parliament will refrain from discussing details of cases before the courts or waiting to come before the court.
