Parliamentary Sovereignty and Privilege Flashcards
(19 cards)
All acts of Parliament may be repealed by later parliaments…
…Even if the wording of the early act suggests that it can’t
Are newspapers and other media protected by qualified privilege?
Yes, if they publish a fair and accurate report of the Parliamentary proceedings
What does it mean if an implied repeal is not possible?
Courts have asserted that some acts of Parliament that are of fundamental and constitutional importance, cannot be impliedly repealed, but can only be expressly repealed
What does Parliament do?
- Enacts legislation
- Authorises taxation and government expenditure
- Provides the government
- Hold the government to account for its conduct
- Represents the people and secures redress of their grievances
What does the case of R (Jackson) V attorney general 2006 say?
An act of parliament can be passed without the agreement of the House of Lords
What does the MPs code of conduct say?
- MPs must disclose any relevant interest in any proceedings of the house or its committees
- MPs must enter all their financial interests in the register of members interests, which is public
- MPs consultancy contracts must be entered on the register in full
- MPs may not have contracts which restrict their independence in parliament
- MPs are prohibited from lobbying
What happens if an MP makes a false expenses claim?
It is subject to the criminal law, and Parliamentary privilege does not prohibit prosecution
What is absolute privilege?
What is said, or written in parliament is protected from any legal liability, even if the statement is untrue or malicious
What is an express repeal?
The new act will mention the old act and specify the older act, or parts of the old act, which are no longer law
What is an implied repeal?
With two acts of Parliament to contradict each other, the later act is the law
What is contempt of parliament?
When an MP breaks the rules of Parliamentary privilege, it is dealt with by parliament itself
What is devolution?
UK Parliament granted powers of self-government to Scotland, Wales and Northern Ireland, giving them the ability to make their own laws on certain matters, although UK Parliament retains supremacy
What is Parliamentary freedom of speech?
That the freedom of speech and proceedings in parliament cannot be questioned by any place outside of Parliament
What is Parliamentary privilege?
It grants legal immunity to members of both houses of Parliament so that they can perform their duties free from outside interference
What is qualified privilege?
If an MP is sued for defamation, they are protected from liability if what they said was in the public interest and was not malicious
What is the process for enforcement of Parliamentary privilege?
- Complaint is made to the speaker
- The speaker deals with minor offences (such as misbehaviour in the House)
- Committee on standards and privileges investigates more serious offences
- The house of Commons votes
- The offending member is either admonished, suspended or expelled
What is the purpose of the MPs code of conduct?
To prevent MPs promoting outside interests for payment
When must the speaker inform their constituency of an MPs misconduct?
- If an MP is suspended for 10 days or more
- If an MP is convicted and received the custodial sentence
- If an MP is convicted of an offence relating to financial allowances
MPs may be required to stand for re-election if 10% of the electorate request it in a petition
Why will courts not allow Parliamentary proceedings to be used as evidence in libel cases?
Because courts cannot question a proceeding in parliament
