Legal Systems Flashcards
(24 cards)
What are the 3 rules for the Doctrine of Parliamentary Sovereignty
Can make any law
No one can override
Cannot bind or be bound by another parliament
Are conventions enforceable in court
No - so any breach rarely leads to action in court
What is the royal prerogative
Powers held by the monarch
Does parliament need to approve the use of prerogative powers
No
What are some examples of royal prerogative powers
Foreign affairs
Defence
Open/dissolve parliament
Apt PM
Confer honors
How is the UK constitution made up
Legislation
Case law
Conventions
What powers did parliament reserve power on
Defence
Trade
Foreign policy
That means that only Westminster can legislate on these areas
Does parliament still retain power to amend or repeal on devolved acts
Yea
What does the convention state if parliament wishes to legislate on a devolved matter
Parliament will obtain consent but still remain supreme if they said no
Is the royal assent a convention
Yea
Must the PM be a member of the HOC
Yes by convention
How are conventions changed
Easily without going through a formal process
How are prerogative powers exercised
By or on behalf of government
Can prerogative powers be judicially reviewed
Yes
If there is a conflict between a prerogative power and statute which prevails
Statute
What does parliamentary privilege mean
Certain legal immunities for members of both HOC and HOL to allow them to perform their duties without interference from outside
Constitutional conventions using the royal prerogative power examples
Crown must accept governments advice
PM is leader on majority
Crown grants royal assent
Apt of PM and cabinet
Can the HOL block a bill introduced in the HOC based on an manifesto promise
No this would be a breach of a convention
Can the monarch not give royal assent
They have the power with withhold but under convention would not
Can courts use conventional rules
They cannot enforce convention but can use it as evidence
Does the PM need parliamentary approval for royal prerogative powers
No but can be controversial
Can new prerogative powers be introduced
Not without statutory authority
Although royal prerogative can be challenged by judicial review what is exempt from this
Power to dissolve
Appointment ministers
Grant honours
What is the doctrine of implied repeal
If a statute conflicts with an earlier on the most recent takes precedent
