Constitutional Principles and Accountability Flashcards
(21 cards)
What are the four key UK constitutional principles?
Rule of Law, Separation of Powers, Parliamentary Sovereignty, and Accountability.
What does the Rule of Law ensure?
Government must operate under law, preventing arbitrary or politically abusive rule.
What is the Separation of Powers?
Divides power between executive, legislature, and judiciary to maintain checks and balances and judicial independence.
What does Parliamentary Sovereignty mean?
Parliament can make or unmake any law; no other body can override its decisions.
Define accountability in a constitutional context.
The obligation to explain and justify actions to a forum that can question or judge them.
Name the three forms of accountability.
Political, Administrative, and Legal.
Give examples of political accountability mechanisms.
Ministerial responsibility, select committees, public inquiries, and elections.
What are tools of administrative accountability?
Ombudsmen and the National Audit Office.
What enforces legal accountability?
Courts and tribunals ensuring government acts within legal limits.
What is the aim of the Rwanda Asylum Policy?
To deter illegal entry and relocate asylum seekers to Rwanda for processing.
Why was there limited parliamentary scrutiny of the original Rwanda agreement?
It was an MOU, not a treaty, so CRAGA did not apply.
Which parliamentary committees reviewed the Rwanda MOU?
Home Affairs, JCHR, and Women & Equalities Committees.
What did the European Court of Human Rights (ECtHR) do in June 2022?
Granted an interim measure stopping the first Rwanda flight (N.S.K. v UK).
What did the UK Supreme Court rule in R (AAA) v SSHD [2023]?
The Rwanda policy was unlawful due to safety concerns and risk of refoulement.
What was the government’s response to the UKSC ruling?
Signed a treaty with Rwanda and passed emergency legislation to declare it safe.
What does the Safety of Rwanda (Asylum and Immigration) Act 2024 do?
Declares Rwanda safe by law and restricts courts from ruling otherwise.
Which Human Rights Act sections were disapplied by the 2024 Act?
Sections 2, 3, and 6–9.
What are the criticisms of the 2024 Rwanda Act?
Conflicts with UKSC ruling, international law, and rule of law principles.
What key voices opposed the Act in Parliament?
Baroness Chakrabarti, JCHR, House of Lords, and over 150 organisations.
How did Robert Jenrick respond to the legislation?
Resigned (Dec 2023), saying it “didn’t go far enough.”
What is the future of the Rwanda law?
Still in force, but the Labour Party has pledged to repeal it if elected.
