Constitutional and Admin Law

Question 1

What does the Dissolution and Calling of Parliament Act 2022 repeal?

Answer 1

Parliament Act 2011

Question 2

What does the Dissolution and Calling of Parliament Act 2022 cover ?

Question 3

What is a constitutional convention?

Answer 3

Non-legal rules of the UK constitution
Binding
Courts cannot rule on them

Question 4

Is this a constitutional convention ‘The Monarch plays no active role in government’.

Answer 4

Yes

Question 5

Is this a constitutional convention ‘The Monarch will not refuse Royal Assent to a bill that has passed through parliamentary procedure’.

Answer 5

Yes

Question 6

When can a consitutional convention become law?

Answer 6

By statute

Question 7

A state with a written or codified constitution:

Answer 7

Is set out in a single document
USA

Question 8

The UK Constitution is ‘Umufi’

Answer 8

• Unwritten [no single document]
• Monarchical [king]
• Unitary [single sovereign legislative body -Westminster]
• Flexible [change the constitution easily]
  -Informal separation of powers [government, parliament and judiciary]

Question 9

What are the 3 Core UK Constitutional Principles?

Answer 9

1. Rule of Law
2. Separation of Powers
3. Parliamentary Sov

Question 10

What is the Rule of Law, as a UK Constitutional Principle?

Answer 10

Everyone must obey the law
The Laws must be applied equally
The Law should be clearly set out and followed
Judiciary [courts and judges] uphold legality

Question 11

What is the Separation of Powers, as a UK Constitutional Principle?

Answer 11

Legislative [Parliament, Commons, Lords]
Executive [PM, Cabinet]
Judiciary [Courts]

Question 12

Why do we need the separation of powers?

Answer 12

So that no one person/body holds all the power.
The executive and the legislative have some overlap, however the Judiciary is separate entirely.

Question 13

How is the separation of powers achieved by the checks and balances for the Executive [PM] and the Legislature [HoC/HoL]

Answer 13

• MP’s are limited in their roles, they cannot be judges, policemen, civil servants
• Parliamentary scrutiny during Question Time, debates
• There is individual and collective accountability to Parliament

Question 14

How is the separation of powers achieved by the checks and balances for the Executive [PM] and the Judiciary [judges/courts]?

Answer 14

• Government has a duty to not influence the courts
• Judges dismissed by vote at Commons AND Lords
• Sub Judice - Parliament avoids discussing ongoing court cases.

Question 15

What is the sub judice rule

Answer 15

The executive or legislature is prevented from commenting about ongoing court cases

Question 16

How is the separation of powers achieved by the checks and balances for the Legislature [HoC,HoL] and the Judiciary [judges/courts]?

Answer 16

• MP’s cannot be judges
• Sub Judice Rule
• MP’s have guaranteed freedom of speech and cannot come after legally.

Question 17

What is the definition of ‘Parliamentary Sovereignty’?

Answer 17

Parliament is the supreme law making body in the UK.

1. Parliament can act or repeal any law
2. No person/body can set aside an act
3. No Parliament can bind a future parliament
4. No person may declare an act to be unlawful

Question 18

What is the Enrolled Bill Rule [key principle of parliamentary sov]

Answer 18

Courts cannot question validity of act one passed and granted assent

Question 19

What is the Express Repeal Rule [key principle of parliamentary sov]

Answer 19

A later act can explicitly repeal an earlier act

Question 20

What is the Implied Repeal Rule [key principle of parliamentary sov]

Answer 20

Any inconsistent provisions in a later act override earlier ones
Not constitutional statutes [HRA 1988, Parliament Act 1911]

Question 21

What are the limitations to parliamentary sov?

Answer 21

• Devolution of powers
• Henry 8th powers allowing government ministers to repeal legislation rather than parliament
• Treaties of independence cannot be repealed

Question 22

What procedures are used in order to hold the government and the UK executive accountable for their decisions by explaining and justifying them?

Answer 22

1. Prime Ministers Question Time
2. Debates
3. Select Committees

Question 23

What are reserved matters which Northern Ireland, Scotland and Wales cannot make laws on?

Answer 23

Matters expressly reserved to Westminster such as the constitution, foreign policy, defence.

Question 24

What is the Sewell Convention and the general rule?

Answer 24

The UK Parliament does not normally legislate on devolved matters in scotland, northern ireland and wales without consent. BUT!!!! This does not affect parliamentary sov as this consent is not a legal obligation.

Question 25

Is the monarch, bound to act upon the advice of his ministers?

Answer 25

Yes - the monarch has the right to consultation but is bound to act on the advice of his ministers.

Question 26

What is a prerogative power and 3 examples?

Answer 26

remaining executive powers historically exercised by the Monarch but now mostly used by the government (Prime Minister and ministers) on the Crown’s behalf. 1. royal assent to a bill 2. appointing and dismissing prime ministers 3. declaring war deploying the army, setting up public bodies by royal charter [bbc], making treaties and recognising foreign states

Question 27

What is the relationship between prerogative powers and legislation?

Answer 27

Prerogative powers are subordinate to Parliamentary Acts. If there is not a relevant legislative statutory power then this is when a prerogative power will be used.

Question 28

What can prerogative powers do if a statute is repealed?

Answer 28

Revive it

Question 29

If a Royal prerogative and statute come into conflict, then what will prevail?

Answer 29

As the Royal prerogative and statute come into conflict, the statute will prevail and the government’s decision will have no effect.

Question 30

The convention of 'collective cabinet responsibility' means what?

Answer 30

That if the cabinet is defeated on a 'vote of no confidence' then the whole cabinet should resign and The cabinet should be united in public, i you disagree then one should resign and then speak out and Cabinet discussions must remain a secret

Question 31

Does Parliamentary Privilidge extend to civil arrest or criminal arrest too?

Answer 31

BOTH protected by civil arrest while parliament is in session

Question 32

What is parliamentary privlidge?

Answer 32

MPs have absolute privilege for statements made during proceedings in Parliament (e.g., debates, PMQs). This means they cannot be sued or prosecuted for anything said in Parliament, even if it breaches court orders (like injunctions/NDA's)

Question 33

What are Henry V111 powers and why are they dangerous if regularly enforced??

Answer 33

so called because in the 1539 Statute of Proclamations the King gave his own declarations the same force as legislation enacted by Parliament. allowing the use of such powers on a regular basis risks the consequence of damaging the sovereignty of Parliament.

Question 34

What is the Salisbury Convention?🧿🧿

Answer 34

1. No Voting Against at Second or Third Reading The Lords generally will not block (vote down) a government bill at Second or Third Reading if it was a clear manifesto commitment. This respects the democratic mandate of the elected government, as manifesto pledges are seen as having been approved by the electorate. 2. Amendments Are Permitted, But Not ‘Wrecking Amendments’ The Lords may propose amendments to improve or clarify the bill. However, they must not add ‘wrecking amendments’—changes that are intentionally designed to prevent the bill’s passage or fundamentally undermine its purpose. Examples of wrecking amendments could include: Removing a key clause essential to the bill’s operation. Adding a clause that makes the bill unworkable. Delaying the bill indefinitely.

Question 35

Can prerogative powers be judicially reviewed?

Answer 35

Yes if they affect individual rights of citizens, but not high prerogative powers such as defence, national security etc.

Question 36

What is the definition of 'exclusive cognisance'?

Answer 36

Where the courts cannot investigate how parliament works, state its wrong [bribery, disorderly]. Parliament deals with this themselves. Where parliament can make their own rules about how they discipline MP's, for example,

Question 37

What is secondary legislation and some examples?

Answer 37

Statutory instruments which give ministers the power to make rules, such as the coronvirus act The enabling act enables this.

Question 38

2 procedures under the enabling act

Answer 38

Affirmative resolution procedure: the statutory instrument does not come into effect unless resolution from both houses [28/40 days] Negative resolution procedure: the statutory instrument becomes law but can be annulled by thelords or commons if rejection resolutionpassed

Question 39

what did the Parliament Acts 1911 and 1949 do?

Answer 39

Removed the Lords’ veto over "money bills" (tax and spending laws): Money bills could become law without Lords approval after just one month. Replaced the Lords’ veto on other public bills with a two-year delay power: If the Commons passed a bill in three successive sessions over two years, it could become law without Lords consent. Reduced the maximum term of Parliament from 7 to 5 years (to make governments more accountable).give alternative method to enact an Act, by House of Commons only- House of Lords excluded from Parliament by these 2 Act

Question 40

Is 'sub judice' rule a consitutional convention

Answer 40

No

Question 41

The government is considering whether to introduce a bill in Parliament that would breach a recognised constitutional convention. What are the constitutional implications of the government’s proposals?

Answer 41

Constitutional Conventions are binding but non legal. Although the courts will recognize the constitutional convention, they will nevertheless apply the legislation.

Question 42

If a statute seeks to impose special requirements, such as 'this law can only be amended with cabinet approval and majority of commons' - is this binding?

Answer 42

No, as parliaments cannot bind future parliaments.

Question 43

The HRA 1998 is a constitutional statute - so how can this be repealed

Answer 43

It can only be expressly repealed.

Question 44

What is the house of lords power over money bills?

Answer 44

The Lords cannot block or significantly delay money bills. If they refuse consent, the Commons can send the bill directly to the monarch for Royal Assent after a short waiting period.

Question 45

What is the waiting period for passing a money bill:

Answer 45

If the Lords reject or fail to pass a money bill within one month, the Commons can bypass them. No need for the Commons to re-read or vote again—the bill proceeds straight to Royal Assent.

Question 46

How can the HRA 1998 be repealed

Answer 46

It is a consitutional statute and therefore it only can be expressly repealed.

Question 47

What are 3 examples of consitutional statutes

Answer 47

1. HRA 1998 2. PA 1911 3. PA 1949

Question 48

How can consitutional statutes be repealed

Answer 48

expressly only

Question 49

A V Dicey’s definitive explanation of Parliamentary Supremacy

Answer 49

Parliament can make or unmake any law whatsoever; and, further, no person or body is recognised by the law as having a right to override or set aside the legislation of Parliament.

Question 50

Does a decleration of incompatibility affect the validity of an act such as the HRA 1998

Answer 50

no

Question 51

If there is ever any amiguity about whether something is inside or outside the Seneed's competence - such as ,The claimant is arguing that the section in question is outside the Senedd Cymru’s legislative competence.' Then what should it be read like

Answer 51

It should be read as if it was inside the legislative competence of the Seneed

Question 52

What is the Sewell Convention an example of

Answer 52

consitutional convention

Question 53

Why did Halshaim coin the UK an 'elective dictatorship'?

Answer 53

because once elected, the government can dominate law-making until the next election. ✅ The public elects a government (usually with a majority in Parliament). ✅ Once in power, the government can push through laws easily (if it has a majority). ✅ The public can’t remove them until the next election (every ~5 years).

Question 54

When are certain royal prerogatives not avaliable to be judicially reviewed

Answer 54

Making treaties

Question 55

How can senior judges be dismissed [which reflects the seperation of powers]?

Answer 55

by vote of both the house of commons and the house or lords.