Kat - intro Flashcards
(17 cards)
What is the nature of the UK constitution?
What is it a collection of?
Not codified
It is a collection of conventions, statutes, common law, and practice (Miller II).
Name the core institutions in the UK constitution.
- Crown
- Executive
- Parliament
- Devolved legislatures
- Local government
- Courts and Tribunal
- The people (referendums: 1975, 2011, 2016)
These are fundamental components of the UK’s political and legal system.
What type of state is the UK?
‘Quasi-federal’/nominal union state
This refers to the structure of governance in the UK.
What are the grounds for Judicial Review (JR)?
- Procedural unfairness
- Illegality (e.g. Miller I – misreading of statute)
- Irrationality/unreasonableness
- Violation of Convention rights or common law rights
These grounds are used to challenge the legality of government actions.
List the remedies available in Judicial Review.
- Quashing order
- Mandatory order
- Prohibiting order
- Declaration
- Injunction
- Damages
These remedies can be sought by applicants in Judicial Review cases.
Which case states that statute beats prerogative?
Case of Proclamations 1610
This case established that the King cannot create laws without Parliament.
What does the De Keyser case illustrate about prerogative powers?
Date
- 1920
- Cannot use prerogative to act against intention of Parliament
- royal prerogative doesn’t operate where gov. power is regulated by statute
This case set limits on the use of prerogative powers.
What did the Fire Brigades Union case state?
date
facts
- 1995
- Home Secretary announced in a white paper that:
the statutory scheme in the CJA would be indefinitely suspended as it was too expensive for the nation to afford - courts can deem action under prerogative unlawful
- It is an unlawful use of royal prerogative to create a scheme different to that prescribed in an Act of Parliament
What are the 4 key principles of the constitution?
- democratic accountability
- separation of powers
- rule of law
- liberty and respect for human rights
What is the principle of democratic accountability in the constitution?
What does it emphasise?
A fundamental principle ensuring that government actions are held accountable to the electorate
This principle emphasizes transparency and responsibility in governance.
What does the separation of powers principle entail?
Miller case
This principle divides government responsibilities into distinct branches to prevent abuse of power.
What is the significance of the rule of law in the constitution?
It ensures that laws apply equally to all individuals and that no one is above the law
This is a cornerstone of a democratic society.
What landmark case established the principle of liberty and respect for human rights?
Entick v Carrington (1765)
“If it is not in our books, it is not law” - L Camden
What is the Ponsonby Rule?
- A constitutional convention regarding the ratification of treaties
- outlines the procedure for Parliament’s involvement in the ratification of treaties
- It requires that treaties, which don’t come into force upon signature, be laid before both Houses of Parliament for a minimum of 21 sitting days before they can be ratified
- This allows Parliament to scrutinize the treaty and express any objections
It is now essentially codified in the Constitutional Reform and Governance Act 2010, pt II.
What are some disputed constitutional conventions?
- Consulting Parliament before war
- Individual ministerial responsibility (IMR)
- Can Royal Assent ever be denied?
These conventions are debated regarding their application and adherence.
What was the outcome of the Crossman Diaries case?
date
(1976)
Cannot publish recollections of Cabinet meetings
This case highlighted the limits of disclosure regarding Cabinet discussions.
What was decided in Evans v Information Commissioner?
- [2012]
- Charles’ advocacy correspondence with Ministers not covered by convention
- the public interest in transparency outweighed the interest in confidentiality
This case clarified the boundaries of confidentiality in governmental communications.
