Law 101 Flashcards
(22 cards)
What is the primary difference between the Caribbean and U.K. Constitution?
Single source vs. several sources
What does the supremacy of the Constitution entail compared to Parliamentary Supremacy?
Fundamental rights and freedoms are entrenched and cannot be changed by a simple majority in parliament.
What is required to change the Constitution?
Different parliamentary majorities are required depending on the provision.
What is the minimum requirement for changing the Constitution?
Majority of the members of parliament present as long as they form a quorum (minimum of twenty people).
What is the method for changing the Constitution?
Changes must be made by express amendment, not by implication.
What is an example of an entrenched provision in the Jamaican Constitution?
Section 2 which states that the Constitution shall prevail over any inconsistent laws.
What is the composition of the Parliament according to Section 34?
The Parliament consists of Her Majesty, a Senate, and a House of Representatives.
What is the Westminster Model Constitution characterized by?
Bicameral legislature, separation of powers, and a Head of State represented by a Governor General.
What is the significance of Hinds v R (1976)?
It was the first instance where an Act of Parliament was invalidated as unconstitutional in an independent Caribbean State.
What does constitutional supremacy mean?
The Constitution is the supreme law, and laws made by Parliament must conform to it.
What are the steps in the process of drafting a constitution?
- Local Drafting 2. Local Debates on the Draft 3. Discussion in England 4. Ratification by Local Legislature 5. UK Act of Parliament.
What is a criticism of Caribbean constitutions post-independence?
They were perceived as ‘imposed’ and lack autochthony.
What does the term ‘entrenchment’ refer to in constitutional law?
Protecting provisions of a constitution against change by the ordinary legislative process.
What does parliamentary sovereignty imply?
Parliament has the right to make or unmake any law without being overridden by any other body.
True or False: The courts in the UK can question the legality of primary legislation.
False
What is a Declaration of Incompatibility?
A statement made by courts regarding laws that conflict with international law.
What is the relationship between constitutional law and the organs of state?
Constitutional law sets out the relationship between different organs of state and between the state and its citizens.
What does Section 63(2) state about Parliament sessions?
Sessions of Parliament shall not have more than six months between sittings.
What is the role of the Prime Minister in the Westminster Model?
The Prime Minister must come from the lower/elected house.
What is the significance of the case Payne v. A.G (1982)?
It stated that certain constitutional alterations were not left to ordinary legislative enactments.
Fill in the blank: The supremacy of Parliament is a legal doctrine which refers to the relationship between the courts and _______.
Acts of Parliament
What is the nature of the relationship between Parliament and the courts in the Commonwealth Caribbean?
Courts may strike down legislation that is incompatible with the constitution.
