Kat - Parliament Flashcards
(23 cards)
What is the fundamental constitutional control recognized by Madison and Dicey?
Elections
Elections are considered a crucial mechanism for constitutional control in governance.
What type of representation does the UK have?
Responsive representation
This implies that representatives are accountable to their constituents.
What are the benefits of scrutiny in government?
- Better police
- Reduction of corruption
- Greater legitimacy in decision-making
- Ability to request information from government
Examples include Prime Minister’s Questions (PMQs) and Ministers’ Questions.
What does the Act of Settlement cIII state regarding MPs?
Anyone benefitting from or working under the Crown cannot serve as MP
This act establishes a clear separation between government officials and parliamentary representatives.
What is the limit of ministerial offices at any one time according to the House of Commons Disqualification Act 1975?
95 ministerial offices
This limit is set to prevent excessive concentration of power in the government.
What does Burke argue about parties in a free country?
Parties must never exist and should be removed from the constitution
He also suggests there should be no public funding for parties.
What are the primary functions of Parliament?
- Scrutinise government
- Consider and pass legislation
These functions are essential for maintaining accountability and legislative oversight.
How is the UK Parliament described in terms of its structure?
Bicameral: two heads, ‘one drunk [House of Commons], one sober [House of Lords]’
This metaphor highlights the differing roles and perspectives of the two houses.
How does Burke describe Parliament?
A ‘deliberative assembly of one nation’
This emphasizes the role of Parliament in representing the collective interests of the nation.
What is Mill’s critique of the House of Commons?
It is ‘radically unfit’ for governing and should compel explanation and ultimately expel from office
Mill emphasizes the need for oversight and accountability in governance.
What functions does Bagehot attribute to Parliament?
- Elective
- Expressive
- Teaching
- Informing
- Legislation
These functions highlight the multifaceted role of Parliament in a democracy.
What privilege of Parliament ensures freedom of speech?
Freedom of speech
This privilege allows MPs to speak freely without fear of legal repercussions.
What was the significance of R v Chaytor?
2010
Courts determine the scope of parliamentary privilege
This case illustrates the balance between parliamentary privilege and judicial oversight.
What was the Miller II case known for?
Prorogation case
This case addressed the legality of the Prime Minister’s advice to prorogue Parliament.
What is one of the privileges of Parliament regarding arrest?
Freedom from arrest
This ensures that MPs can perform their duties without interference.
What is the Fixed Terms Parliaments Act 2011 s.2(3) related to?
Steps for motion of no confidence in government
This act outlines the process through which Parliament can challenge the government’s legitimacy.
What are the Wright Reform recommendations aimed at?
Scrutiny of administration
These recommendations were adopted in 2010 to enhance the accountability of government departments.
What does the Salisbury convention state?
House of Lords should not oppose 2nd or 3rd reading of any government legislation promised in election manifesto
This convention reinforces the mandate given to the government by the electorate.
What is the role of the HL Committee on Delegated Powers and Deregulation?
To ensure flexibility and keep legislation up-to-date
This committee reviews delegated legislation to maintain legislative effectiveness.
What are ‘Henry VIII powers’ in legislative context?
Powers that allow ministers to amend or repeal provisions of an Act of Parliament
These powers can be controversial as they may undermine parliamentary sovereignty.
Fill in the blank: The technical form of statutory instruments is known as _______.
Technical (form)
This refers to the specific legal format required for statutory instruments.
What are negative instruments in legislative processes?
Vote of disapproval
This allows Parliament to reject statutory instruments if they are deemed unacceptable.
What are super-affirmative instruments?
The highest level of scrutiny
These instruments undergo more rigorous examination compared to standard statutory instruments.
