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Flashcards in Public Law First Term Deck (438):
1

What was the ratio in Thoburn v Sunderland City Council 2002?

Constitutional statutes immune from implied repeal (e.g. HRA)

1

Give at least two examples (one precedent and one media) of strong entrenchment (supposedly) in the UK

Jackson v AG (by judges, e.g Hope and Steyn denying PS in regard to rule of law) and promise given by three main parties on 18/9/14 to make Scottish Parliament permanent

1

What is an exception to Article 9 in the Bill of Rights?

Sub judice rule

1

What Bills can HoL specifically not amend?

Money bills

1

Prohibitions del Roy

Adjudge (king)

1

In GCHQ case, it was asked if national security justifies frustration of established expectations - how many judges said yes?

5/5

1

In what section of CRAG was CS position formalised?

S.7

1

Name the 3 forms of devolution

Legislative, executive and administrative

1

What act shows administrative decentralisation taking place for Scotland?

SS for Scotland

1

What was the ratio in Whaley v Watson?

Scottish P is a statutory body which must work within the scope of its powers

1

When was the Denning Street Declaration?

1993

1

Who refused to express any view on restriction of PS in Jackson v AG?

Lord Walker

1

Who quote Lord Reid in Jackson v AG?

Lord Carswell

2

The Bill of Rights 1689

12 provisions

2

What was the ratio in R v SS for the Home Department, ex parte Pierson 1998?

Parliament will be assumed to not interfere with fundamental rights unless statute says so expressly (same as ex parte Simms)

2

Which Agreement was made with NI in 1985?

Anglo-Irish Agreement

3

What view do Constitutional theorists believe in?

New View

3

What is a significant issue with the flow of information?

G can selectively leak/manipulate information

3

What did S Rufus Davies say about Dicey's view of federalism?

Deciding political performance based on federal/unitary state exaggerates 'the limited potentialities of contemporary federal theory'

4

What is the first case that shows power shifting from the monarch to Parliament?

Case of Proclamations 1611

4

In what case did Sir Robert Megarry V-C say that 'no English court can refuse to obey [an AoP] or question its validity'?

Manuel v Attorney General

4

What three acts show how the government is financed?

Bill of Rights, The Income Taxes Act and The Appropriation Acts

4

Who said that PS is 'a construct of common law which the courts may have to qualify'?

Lord Steyn

5

V and T v UK

Home Secretary

5

What case showed attempt at supporting judicial independence despite position of LC?

McGonnell v UK

5

Why was Sch.7 of the Supreme Court (Local Governmental Bylaws) Wales Bill 2012 controversial?

Showed the Attorney General challenging the competency of the Welsh Assembly

5

How many out of how many counties renamed themselves Ireland under the 1937 Constitution and a Republic in 1949?

26/32

5

What is Sir Jeoffrey Jowell's definition of constitutional change?

'When we see it, we know it'

6

The HoL Reform Act 2014 did what to reform the HoL?

Allowed retirement and removal upon serious criminal convictions and/or irregular attendance

7

Which type of devolution is arguably not a type of devolution at all?

Administrative

7

When was the Anglo-Irish Agreement?

1985

8

Who supported Stratford ACJ's statement in Ndlwan v Hofmeyr about s.4 of the Statute of Westminster 1931?

Denning in Blackburn v AG

8

Who noted that 'the ad hoc suspension of collective responsibility erodes stability'?

Dr Felicity Matthews

9

What two cases qualified the ratio in Ellen Street Estates v Minister of Health 1934?

Factortame and Thoburn

9

What did TRS Allan believe about PS?

'Fundamental rule' is indeterminate, allowing judges to decide on effectiveness of manner and form as and when it arises in regard to context

9

What did Oliver note about the HRA and its 'lack of fit'?

'No amount of public consultation and engagement' will change the fact that 'the HRA will continue to be unpopular' due to its 'lack of fit' with the unwritten constitution

9

What does Barber note about the uselessness of preventing overlap between organs?

If goal of SP is for efficiency, not allowing overlap is useless and unhelpful

9

Outline the structure of Wales

Executive devolution in a range of fields (conferred powers), d'hondt electoral system and original Cabinet model inside corporate body (National Assembly for Wales)

9

What did Nevil Johnson note about what could happen if the convention of ministerial solidarity is permitted to be waived at any time?

Could cause a 'retreat into constitutional anarchy'

10

Why did the Government conclude that special procedures are inappropriate in their Response to 'The Process of Constitutional Change'?

C legislation is not qualitatively different from other legislation, lack of definition for 'constitutional changes' and not always a need for a Green and White Paper

11

What was the key quote from Lord Carswell in Jackson v Attorney General?

He was reluctant, like Walker, but he quoted Lord Reid in Madzimbamuto v Lardner-Burker - moral and political reasons for P not doing something 'does not mean it is beyond the power of P'

12

What is the level of comity of the courts towards P in Braudlaugh v Gussett according to Howarth?

Respectful

13

What approach did Hutton take in the minority in Robinson v SS for NI 2002?

Considers the statute absolute in what it denotes

13

Why did Oliver prefer an independently appointed second chamber in 'The Changing Constitution'?

Due to issue of politicising the HoL through elections which would decrease quality of legislation etc.

13

Name at least four ways Oliver suggests reform could direct itself to fit with fundamental principles of our existing constitution?

Non-partisan and promote general interests, uphold legislative supremacy of P, fact IMR, protect primacy of HoC and effective government, enhance accountability and transparency in G, maintain judicial independence and rule of law and not breach public service principle

13

What is the quasi-legislative devolution exactly given to W in the G of W Act 2006?

Stronger model of executive devolution

13

Who said that devolution is 'variable, an untidy asymmetrical constitutional architecture'?

O'Neill

14

What does the Belfast Agreement consist of?

Multi-party agreement by most of NI Political party

15

Under the HRA 1998, what happens to subordinate legislation that is incompatible?

It can be quashed/disapplied

15

R v Shayler

Open government

16

Who highlighted three contextual factors to create a picture of 'fluctuating powers' of the PM?

Barber

17

What did the Richards Commission 2004 lead to?

The 2006 Government of Wales Act

18

What four acts in particular have reformed the HoL

The Life Peerages Act 1958, The HoL Reform Act 1999 and The HoL Reform Act 2014

19

Who is an example of an MP who did not conform to the convention of resignation despite 'bad behaviour'?

Kenneth Baker

20

What was the ratio in British Railways Board v Pickin?

Finality of an AoP regardless of P being misled to pass the Bill in question

21

In what year was the Fulton Report

1968

22

Name three contemporary changes to PS

EU, European Human Rights law and challenge of common law radicalism

22

The Life Peerages Act 1958 did what to reform the HoL?

Allowed the creation of life peers

22

Who originally came up with the term constitutional moment, before Oliver?

Ackerman

23

What are the core values of the CS according to Northcote-Trevelyan?

Objectivity, impartiality and integrity

24

What two cherished rights and institutions did Scotland protect after the Treaty and Acts of Union?

Presbyterianism and courts

25

What approach did Lord Bingham and Hoffman argue for in the majority in Robinson v SS for NI 2002?

Purposive approach (to resolve political uproar)

25

What does a consociational democracy in NI risk?

Risks entrenching sectarian politics and ability of electorate to change Government as all parties can participate in the Executive

26

Where can the essential features of Scotland after devolution be found now?

Scotland Act 1998

28

Which type of devolution gives powers for primary legislation to give effect to policies on certain subjects, and administrative machinery for its execution

Legislative

29

Who noted that SP protects individual liberty against abuse of power by any of the three organs?

Barendt

31

Where can the essential features of Wales after devolution be found now?

The Government of Wales Act 2006

32

Parliament Acts 1911 and 1949

Bypassing the HoL

32

When did The 1999 Joint Committee's Report suggest codification of parts of P privilege may be useful?

To resolve uncertainty

33

Who noted that constraints on P are 'ultimately political, not legal'?

Lord Hoffman

35

How did Brown praise the FIA?

'G belong to the people, not politicians'

36

In what report did the HoL Constitution Committee give a working definition of constitutional change?

'The Process of Constitutional Chage'

36

What happened in 1975 to cause collective responsibility to be set aside?

Referendum campaign on EU membership

37

Whose argument about not adding the threat of judicial invalidation to MPs worries does Lord Hope accept?

J A Griffith

39

Why was the Legislative and Regulatory Reform Bill 2006 met with substantial hostility?

Too much freedom to MPs

39

What devolution model do Scotland have under the Scotland Act 1998?

Reserved powers model (legislative)

39

What was the key quote from Lady Hale in Jackson v Attorney General?

'Constraints upon what P can do are political and diplomatic, not constitutional' in general

40

What do Public Administration Select Committee recommend for the first time in 'Truth to Power: How CS reform can succeed'?

Parliamentary Commission into the CS in the form of a joint committee of both houses

40

What can the G of W do to make primary legislation in devolved areas according to the G of W Act 2006?

Request to Westminster, doing it through Henry VIII Clauses if accepted

42

What is the ratio in R (Binyam Mohamed) v SS for F and CWA?

It is hard to persuade courts in favour of openness when G claims secrecy is necessary

42

What was the G conclusion in G Response to 'The Process of Constitutional Change'?

Special procedures are inappropriate

42

What concern did Baroness Royall of Blaisdon raise after the coalition?

The Lib Dems and Conservatives would form a majority in the HoL and this would cause them to 'simply rubber stamp the programme of the G'

43

What did Lord Reid say in Madzimbamuto v Lardner-Burker?

Moral and political reasons for P not doing something 'does not mean it is beyond the power of P'

44

What was the key quote from Lord Walker in Jackson v Attorney General?

It was key that he avoided expressing any view on restriction of PS

45

What scandal in particular may have led to the codification of individual ministerial responsibility?

Arms to Iraq

45

Who said that 'Constraints upon what P can do are political and diplomatic, not constitutional' in general?

Lady Hale

46

Case of Proclamations 1611

Act of Parliament instead of proclamation in order to change the law

46

Where is 'public interest' defined, being used so much to determine which information should be published and which need not be?

Abstract guidance from the Information Commissioner's Office

47

The Fixed-Term Parliaments Act 2011 encourages what?

MPs to work together

48

Why does Barber reject Barendt's argument?

Too ambitious and likely to cause 'a radical shift in the balance of power between the three organs'

49

What two cases both show that courts require a legal basis for interference with fundamental rights, i.e. expressly stating that P wishes to do so in the AoP?

R v SS for the Home Department, ex parte Pierson 1998 and R v SS for the Home Department, ex parte Simms 2000

50

What did the HoL Constitution Committee in 'The Process of Constitutional Change' note about the positives of current practice of constitutional changes?

More flexible than virtually any other Western democracy - there is a fluid definition

51

When did the Cameron-Clegg G say NDPBs should be retained?

Demonstrable need for technical function, for political impartiality or independence to establish facts

53

Who said that If an Acts words are plain and unambigous, but the outcome would be unpallatable, it is irrelevant in Duport Steels Ltd v Sirs?

Lord Scarman and Diplock

54

What did the Public Bodies Bill 2010 aim to change?

Application and scope of Henry VIII clauses

54

What is an example of G selectively leaking/manipulating information?

Blair G over unfounded assertions that Iraq had weapons of mass destruction

55

What was the ratio in Cheney v Conn?

Parliamentary sovereignty supersedes even international law

55

What was the key point in MacCormick v Lord Advocate?

Lord President (Cooper) said that courts have no jurisdiction to rule on the validity of an AoP contradicting the Scottish Treaty

55

When did 26/32 counties call themselves Ireland and under what?

1937 under the 1937 Constitution

57

When was the Kilbrandon Commission?

1973

58

McGonnell v UK

Residential area of land

59

What does s.4 of the Statute of Westminster 1931 exclude?

Legislating for dominions unless they have requested and consented to the legislation

60

Which type of devolution gives powers for secondary legislation within framework of primary which stays in the centre?

Executive

61

Which case noted that prerogative powers yield to conflicting statutes?

AG v De Keyser's Royal Hotel Ltd

62

Name the most recent reform showing the judiciary's movement towards a more pure SP?

Constitutional Reform Act 2005

63

What was the key point in Gibson v LA?

Lord Keith agreed that the courts could not adjudge whether or not an AoP is 'for the evident utility' of Scotland

65

R (Anderson) v SS for the HD

15 or 20 years?

66

What did the 2006 Government of Wales Act create?

Scottish-type internal architecture, quasi-legislative devolution, broader powers of secondary legislation and ability to make a request to make primary legislation in devolved areas through Henry VIII Clauses

67

What does Barber note is an advantage of the partial theory of SP?

Gives institutions powers that the pure theory 'would have denied them to limit the conduct of other institutions'

68

How is money distributed to the different states?

Through a block grant decided by the Barnett formula

68

Who challenged Dicey's view of federalism?

S Rufus Davies, who said that deciding political performance based on federal/unitary state exaggerates 'the limited potentialities of contemporary federal theory'

69

What did the HoL Constitution Committee in 'The Process of Constitutional Change' note about the negatives of current practice of constitutional changes?

Lack of constraints, failure to have regard to wider C arrangements, lack of coherence, lack of consistency, lack of consultation, lack of consensus and changes are rushed

71

In what book did A V Dicey give the fundamental principles for parliamentary sovereignty?

'The Study of the Law of the Constitution'

72

What did Article 4 of the Bill of Rights require?

Monarch had to ask Parliament for funding

73

What recommendation do the Public Administration Select Committee repeat in 'Truth to Power: How CS reform can succeed'?

Whether reliance on Haldane doctrine is appropriate in the modern age and how it could be updated

73

What is administrative devolution?

Decision-making in territorial departments and agencies

74

How does Barber define the pure theory of SP?

'Complete separation of the three branches of the state'

75

What did John Mackintosh say about the PM?

'The country is governed by the PM', not the Cabinet

76

Who said that 'The judges did not by themselves establish the principle [of PS] and they cannot, by themselves, change it' and in what case?

Lord Bingham in Jackson v AG

77

What was the key quote from Lord Hope in Jackson v Attorney General?

'The courts have a part to play in defining the limits of P's PS', shown by the Lords hearing the appeal

78

How does Barber argue that SP matches form to function?

By ensuring state functions are exercised effectively by appropriately accountable people

79

Who suggested after the Scottish referendum that E/W laws should only be passed with the consent of E/W MPs?

The McKay Commission

79

What is the ration in Carltona Ltd v Commissioners of Works?

Acts done by department officials on the minister's behalf are in law acts of the minister him/herself

79

In what year was the Sunningdale Agreement rejected by Unionists and Sinn Fein in NI?

1973

80

What else did A v UK show other than that Article 9 of the BoR protects MPs' freedom of speech?

Article 9 not in breach of Article 6 ECHR

81

Robinson v SS for NI 2002

First minister election

82

Cheney v Conn 1968

Nuclear

82

In what year was the Haldane Reprot?

1918

83

MacCormick v Lord Advocate

Elizabeth I

84

What lord challenged the Asylum and Immigration Bill in 2004?

Lord Irving against Lord Falconer

84

What did Barber note about the power of the PM?

He highlighted three contextual factors which create a picture of 'fluctuating powers', making the PM seem like a President under one G and 'subject to obvious constraints' other times

85

What did Robinson v SS note about the terms of the NI Act 1998?

It should be read in light of intention to found successful and durable cross-community institutions

86

What section of the Freedom of Information Act 2000 allows a decision of disclosure to be overridden by executive order?

S.53

87

How does J Goldsworthy see the common law in positivist and Dworkinian terms as posing a threat to PS?

They 'threaten - or promise - to replace legislative supremacy with judicial'

88

What does the NI P place particular emphasis on?

Human rights

89

What three themes highlighted by the Smith Commission were intended to deliver 'three important overarching improvements to the D settlement, making it more responsive, durable ad stable'?

Stronger UK P, more accountable and responsible S P and more autonomous S P

90

Who argued that 'the country is governed by the PM', not the Cabinet?

John Mackintosh

92

Who claimed that P privilege 'undermines the rule of law' but it has over time become 'itself part of the law'?

Dr Adam Tucker

93

What is an example of manner and form (weak entrenchment making it easier to change laws?

PA 1911 and 1949

94

What are the 'Seven Principles of Public Life' in the Ministerial Code?

Selflessness, integrity, objectivity, accountability, openness, honesty and leadership

95

What did a consociational democracy in NI offer?

Offered Unionists and Nationalists a change to reconcile their aspirations and offered paramilitaries on both sides a path to peace

96

What electoral system do Wales use?

d'hondt

97

What did the Edinburgh Agreement contain?

A promise to hold a referendum and a cooperation clause

99

How did the HoL Constitution Committee back up the convention of IMR for CS?

'CS are fully accountable to ministers'

100

Through what three ways can the judiciary question P's proceedings?

Hansard (Pepper v Hart), reference proceedings as history to show context of legislation and through judicial review cases

100

What did the Official Secrets Act 1989 do?

Repealed draconian s.2 of the OSA 1911

101

What have elections not been introduced into the HoC?

Concerns over threat to the primacy of the HoC, dislike of list system, more partisan and expense of full-time members

102

Which Plan under the Lib Dem/Conservative Coalition increased outsourcing and improved management of major projects?

CS Reform Plan (June 2012)

104

When was the NI P prorogued without its consent?

1972

105

What did Lord Hope and Lord Steyn note about strong entrenchment by judges in Jackson v AG?

Said judges could deny PS in regard to rule of law, e.g. in order to protect the public

107

What exactly did Denning say about s.4 of the Statute of Westminster 1931 in Blackburn v AG?

'Freedom once given cannot be taken away. Legal theory just give way to practical politics'

108

Up to what point does Lord Hope believes in PS?

Up to the point of needing the judiciary as a safeguard against extreme laws

110

According to Bagehot, what is a dignified element of the Constitution?

The monarchy, enjoying little effective power but giving an aura of authority to render G legitimat

111

What did the Report of Royal Commission 2000 suggest about reforming the HoL?

Reduce size to 550 with a small proportion of elected member and others appointed, all for three electoral cycles

112

What are the three functions of government?

Legislative, adjudicating and executive

113

What PM in particular shows limitations to the PM's powers?

Thatcher through her forced resignation

114

What are the three limitations of SP according to Barber?

SP depends upon political theory driving it, the society and constitutional drafting is necessarily a practical exercise

116

What four conceptions of the nature of common law does J Goldsworthy give in 'Parliamentary Sovereignty: Contemporary Debates'?

Positivist terms, Dworkinian terms, professional custom (common erudition of the bench) and customs/conventions of community/government officialdom

117

When was the 'Union of two Crowns'?

17th century

118

What does S.10(2) of the CRAG Act ensure for the CS?

Appointment on merit and open competition for positions

120

What directive instructed departments to publish 'as much as possible'?

Croham Directive

122

How does Barbaris see civil servants as responsible?

Through select committees

122

Why was there political divergence between UK and S and W?

Conservative majority in UK but a Labour majority in S and W

123

Why was the Public Bodies Bill 2010 condemned?

Lacked safeguards P had insisted be included

125

What was a strengthening of the select committees system aiming to do?

Improve ministerial accountability

126

Referendums for the British-Irish Agreement led to what?

The NI Act 1998

127

When was the Act of Union?

1707

129

Who said that there needs to be a 'constitutional moment' for constitutional change/reform?

Oliver

131

How does Barendt argue that SP is secured?

By checks and balances

132

Who did chairs of select committees used to be elected by?

Party whips

134

Bradlaugh v Gossett

Oath

135

What percentage of advisory bodies did the PASC found to be complying with openness criteria?

11%

136

What did the HoL Constitution Committee note is an 'essential principle' in 'The Accountability of CS'?

That 'Ministers are constitutionally responsible for all aspects of their departments' business... The convention is clear, straightforward and leaves no gaps'

137

Give three times when collective responsibility has been set aside

1931, 1975 and during debate over legislation creating direct elections to EU Parliament

138

What was the second pillar of the Smith Commission Agreement?

Delivering prosperity, health economy, jobs and social justice

140

What LSE lecturer said that P can have more power than judiciary due to democracy?

J A Griffith

141

What is a consociational democracy?

A pluralist model of power-sharing by different parties to avoid domination of Unionist over Nationalist minority

142

Why did the Public Administration Select Committee note the Haldane Doctrine is vital in 'Truth to Power: How CS reform can succeed'?

Vital for P to hold executive to account and also at the core of minister's and officials' relationship.

143

How else, other than by following the Croham Directive, can the flow of information be increased?

Green papers

143

What three items are marked as 'outside the legislative competence' of Scotland under s.29 Scotland Act 1998?

Reserved powers, breaches Sch. 4 or incompatible with ECHR/EU law

145

Name at least two issues which would need to be resolved before a written/codified constitution could even be debated?

English/Welsh Lothian question, exit from EU, elected second chamber in Parliament and ECHR

146

Why else other than just democracy did J A Griffith say that judges should not be able to defeat P?

MPs seek certainty in the law, and judges would not promote this if they refused to acknowledge PS

148

A deadlock between the HoC and HoL could lead to what?

Implementation of PA 1911/1949

149

In what year was there legislative devolution to S?

1978

150

What was the ratio in R v Chaytor and others?

Expenses are not proceedings of P nor P privilege

151

Which Act placed the civil service on a statutory footing?

Constitutional Reform and Governance Act 2010 (CRAG)

152

What two cases specifically support the fact that P is seen as supreme?

Cheney v Conn and R y Lyons

152

What makes legislating for constitution change/reform politically difficult if they aren't there?

Constitutional moment, consensus by main parties, constitutional fix and ripe time

153

What did the European Communities Act 1972, s.2 say?

Courts to give effect to EU law

153

What does Article 9 of the Bill of Rights protect?

'Freedom of speech and debate' in the HoC

153

What provision in particular does the NI have in response to Unionist/Nationalist rivalry?

Anti-discriminatory provision

154

Who said that 'federal Government means weak Government' and will 'always be at a disadvantage'?

A V Dicey

155

What two elements of the constitution did Bagehot give in 'The English Constitution'?

Efficient and dignified elements

157

What was the key quote from Lord Steyn in Jackson v Attorney General?

PS is 'a construct of common law which the courts may have to qualify'

158

Give at least three precedent examples of weak entrenchment in the UK

Jackson v AG, Scotland Act 1998, Harris v Minister of the Interior

160

What is the ratio in R (Anderson) v SSHD?

The executive should not act in a judicial function

161

What did Flinders note about the issue of depoliticisation?

'The public will still look to politicians to act on their behalf or accept responsibility'

162

What are 'Sewel motions' and what country can use them?

Scotland - Scottish P can request Westminster to read across primary legislation

164

Who are chairs of select committees elected by?

MPs

165

What did Montesquieu note SP is vital in order to avoid?

'Tyrannical laws'

166

What do Jowell and Oliver note in 'The Changing Constitution' that politicisation of the HoL will accelerate?

Trend from a political to a law-based constitution

167

Where can one find the key definition of the Civil service?

Tomlin Royal Commission on the CS in 1931

168

What was at the heart of the changes under the Conservative Thatcherite G from 1979?

Outsourcing of utilities to the private sector (agencification)

169

When was the Irish Free State formed?

1922

170

What is the level of comity of the courts towards P in Stockdale v Hansard according to Howarth?

Direct challenge

171

Why is legislating for constitutional changes/reforms not easy?

Committee of whole house for committee stage and politically difficult without constitutional moment, consensus by main parties, constitutional fix and ripe time

173

What is soft law?

A way to elaborate on conventions - it is very flexible

175

Which report created a permanent and politically disinterested CS?

Northcote-Trevelyan

176

What is popular sovereignty?

A constitutional theory underpinning the 2014 referendum (ability to leave UK at any time)

177

Pepper v Hart

Hansard

179

What case showed that Article 9 protects MPs?

A v UK

180

What is the sub judice rule exception to Article 9 of the Bill of Rights?

MPs should refrain from referencing active cases in the UK

181

In which year did Ireland split?

1920

182

What happened in the case of Qualifications and Curriculum Authority?

Journalists were unable to attend yearly meeting despite it being set out in the guidelines (soft law)

183

Who used Bradlaugh v Gussett and Stockdale v Hansard to show level of comity fluctuating over the years?

David Howarth

183

What case supports Stafford v UK on the powers of the Home Secretary being limited by ECHR?

R (Anderson) v SS for the HD

185

What was Baroness Royall of Blaisdon's view on the application of the Salisbury-Addison convention to a coalition?

Does not apply

186

According to Oliver, the MPs expenses scandal led to what two outcomes?

Strengthening of the SC system to improve ministerial accountability and a new expenses regime

187

What did Lord Sankey in British Coal Corporation v R say about s.4 of the Statute of Westminster 1931?

P could 'repeal or disregard s.4... but that is theory and has no relation to realities'

188

What did Lord Bingham say in R v Shayler to depict the need for open government?

'No government by the people if they are ignorant of the issue to be resolved'

189

What was a key piece of soft law for the current coalition?

Coalition Agreement

190

What are the two options for the future of the HoL?

Incremental reforms or independent expert scrutiny commission

190

What does Barendt prefer - pure or partial SP?

Partial - welcomes 'some overlap of functions and office-holders'

191

What did the Act of Settlement 1701 allow to show historical development of judiciary and SP?

As long as judges were on 'good behaviour', they could not be dismissed

192

Who argued that there are no material differences between the three functions of G?

Ivor Jennings and Barber

193

Name the four reserve powers belonging to the Queen highlighted by Geoffrey Marshall

Appointment of PM, dismissal of ministers, dissolution of P and royal assent

194

What are the four formal procedures The HoC Constitutional Committee suggested in 2011 for constitutional changes/reforms?

Constitutional impact study, consultation, Green and White papers and pre-legislative scrutiny

194

In which case was it decided that deciding early release was a 'sentencing exercise' for the Home Secretary and therefore also against Article 6(1) ECHR?

Stafford v UKp

196

How was the Legislative and Regulatory Reform Bill 2006 altered after hostile scrutiny?

Reduced ministerial powers and increase Parliamentary scrutiny

197

What did Bagehot attribute the efficiency of the English Constitution to in 'The English Constitution'?

'Clos union, the nearly complete fusion, of the executive and legislative'

197

What did Peter Ridell note about the effect of the FTPA 2011?

It has improved both individual and collecting planning to get things done as G know they will face public in five years at most, so allocating time more efficiently

198

What did Lord Irvine say in McGonnell v UK?

The LC would never be involved in a case concerning legislation in which he had been involved/where interests of the executive were involved

200

Under the Scotland Act 1998, outline the structure of Scotland.

Reserved powers model (legislative), no finance, d'hondt additional member electoral system to avoid overall majorities and many Westminster-style understandings

202

According to Bagehot, what is an efficient element of the Constitution?

Those with the power to make ad carry out policy (Cabinet)

203

What was the two-stage test given by the HoL Constitution Committee in 'The Process of Constitutional Change'?

Is it constitutional and so significant as to merit further delay and discussion

205

Who said that a 'key moment' is required for constitutional change/reform?

Wick

207

What did the HoL Constitutional Committee say about the Legislative and Regulatory Reform Bill 2006?

'Further safeguards' should have been enacted

208

When is there a decline in strategic capacity of Qs?

Where a 'high degree of inter-organisational collaboration' is needed to achieve outcomes

210

Which case showed that legislation of SP can only be judicially reviewed when it threatens/subverts the rule of law?

AXA General Insurance

211

Who argued for the existence of a 'British presidency' to support John Mackintosh?

Michael Foley

213

In what year was the Northcote-Trevelyan Report?

1854

214

Why did M Flinders note that Opening Up Quangos consultation paper is important?

Wider and more inclusive approach and balanced/stressed positive of quangos unlike previous Conservative Gs

216

Who coined the phrase 'political constitution'?

Griffiths, 'The Politics of the Judiciary'

217

How did HLA Hart validate PS and what else did he explore about PS?

PS valid due to 'rule of recognition' and explores the continuing and self-embracing definitions of PS

218

What was the key quote from Lord Bingham in Jackson v Attorney General?

'The judges did not by themselves establish the principle [of PS] and they cannot, by themselves, change it'

219

What judge said that 'Freedom once conferred cannot be revoked'?

Stratford ACJ in Ndlwan v Hofmeyr

221

From when did administrative decentralisation start taking place for Wales?

From 1964 - SS for Wales

223

What did Stratford ACJ in Ndlwan v Hofmeyr say about s.4 of the Statute of Westminster 1931?

'Freedom once conferred cannot be revoked'

224

What type of state is England?

Unitary

226

What is the pragmatic approach of courts to the principle of PS aiming to do?

Promote cooperation between institutions

227

What did the Civil Service Reform Plan (June 2012) note about change needed to the size and shape of the CS?

Needs to be smaller, with a stronger corporate leadership, more sharing of services/expertise and digital by default

228

Ellen Street Estates v Minister of Health 1934

Doctrine of implied repeal

230

What are the three categories of reserved powers from the NI?

Transferred, reserved and excepted

232

What case specifically does not offer support to the new view of PS?

Ellen Street Estates Ltd v Minister of Health

234

What Article in the Bill of Rights protects 'Freedom of speech and debate' in the HoC?

Article 9

234

What are the two main legal issues in the GCHQ case?

Is a prerogative power reviewable and does national security justify frustration of established expectations

235

The HoL Reform act 1999 did what to reform the HoL?

Removed all but 10% of 750+ hereditary peerages

236

How did Shanks criticise the Labour G approach to Qs?

'Institutionalitis' by setting up a new organisation to fix any problem

237

How does Barber define the partial theory of SP?

'Emphasises the significant of checks and balances'

238

Which Scottish Act gave more fiscal responsibility and accountability to electorate?

Scotland Act 2012

240

What did the Act of Union do?

Unified England and Scotland which involved Scottish P coming into the English P by negotiation

241

What two cases seem to show that the courts will not adjudicate where the English P has breached fundamental provisions of the Scottish Treaty and Acts of Union?

MacCormick v Lord Advocate and Gibson v LA

242

What do Henry VIII clauses allow?

Ministers to amend, repeal or replace some legislation for particular purposes

244

The 1989 Scottish Constitutional Convention set out what?

A 'Claim of Right'

244

What did the Treaty and Acts of Union do?

Joined Scottish and English Government

245

Name two big changes to the CS under the New Labour Blair/Brown G from 1997?

Freedom of Information Act 2000 and devolution (NI with separate CS)

246

How is the CS Reform Plan feared to challenge Northcote-Trevelyan?

Northcote established appointment on merit alone, but CS Reform gives a much greater ministerial role in appointment of permanent secretaries

247

Why was the decision in Council of Civil Service Unions v Minister for the CS a break from previous law?

Previously, prerogative powers were never justiciable, but held that there were in exceptions circumstances of national security

248

Under New Labour, what were the outcomes of the 1997 referendum in W and S?

Yes votes to both

249

Which reform made select committees in the HoC more independent?

The Wright Reforms 2010

250

What did the positive referendum votes in 1997 in W lead to?

Government of Wales Act 1998

251

Who said that the 'quango state was alive and well'?

Tonybee and Walker

252

Barendt's political philosophy focuses on what, and what is the issue with its focus?

Focuses on abuse by state bodies, but majority suffer from abuse by private bodies

253

Gibson v LA

Fishing rights public, not private

254

What report noted that comprehensive codification to codify P privilege as a whole has no precedent

The 1999 Joint Committee's Report

254

In GCHQ case, it was asked if a prerogative power was reviewable - how many judges said yes?

3/5

255

Which type of devolution gives powers for decision-making in territorial departments and agencies?

Administrative

256

When was there political divergence between UK and S and W?

In the 1980s and 1990s

257

Which electoral system do Scotland use under the Scotland Act 1998?

d'hondt additional member electoral system

259

What did the Anglo-Irish Agreement and Denning Street Declaration recognise?

Legitimacy of the Nationalist tradition and identity in NI

260

What is legislative devolution?

Powers for primary legislation to give effect to policies on certain subjects, and administrative machinery for its execution

262

What did Sch.7 of the Supreme Court (Local Governmental Bylaws) Wales Bill 2012 do?

Removed ned for ministers to seek permission of Welsh ministers for bylaws

263

What do the Public Administration Select Committee in 'Truth to Power: How CS reform can succeed' mean for their recommended Parliamentary Commission to do?

Draw on extensive experience of both houses, focus on strategic long-term vision of CS, give proper consideration of fundamental issues and scrutinise substantial reforms to CS as it serves G AND future G

265

Who showed a clear preference for an independently appointed second chamber in 'The Changing Constitution', Jowell and Oliver?

Oliver

266

What is an example of manner and form (weak entrenchment) making it harder to change laws?

Metric Martyrs

268

What does Lord Bingham note in Jackson v AG about the power of judges over the principle of PS?

Judges 'did not by themselves establish the principle, and they cannot, by themselves, change it'

269

Why did attempted executive devolution to W fail in 1978?

Referendum showed a huge consensus against it

269

Where can the essential features of Northern Ireland after devolution be found now?

Northern Ireland Act 1998

270

What in particular did Scotland protect about their courts after the Treaty and Acts of Union?

Their courts should remain unalterable and the Scottish Superior Courts should remain with authority and privileges

272

R v SS for Defence, ex parte Sancto

Report over soldier's death

273

What is an example of s.53 of the FIA 2000 being used to override a decision on nondisclosure?

MP Expenses Scandal

274

Outline the structure of NI Parliament

Proportional system of transferrable vote, primary legislative powers with reserved powers in three categories (transferred, reserved and excepted), d'hondt system but FM cannot be elected without DFM, anti-discriminatory provision and particular emphasise on Human Rights

276

What section of the NI Act 1998 states that NI can leave UK if there is a majority vote in favour of unity with RoI?

Section 1(2)

277

Which two political statements recognised the legitimacy of the Nationalist tradition and identity in NI?

Anglo-Irish Agreement and Denning Street Declaration

278

Who speaks about a 'pure' and 'partial' separation of powers and in what book?

E Barendt, 'Separation of Powers and Constitutional Government'

279

When was there direct rule from Westminster in NI?

1972

280

Name two contextual points for the Lib Dem/Conservative Coalition

Age of austerity and rise of e-governance

281

Who found judicial obedience to be fundamental to the legal system?

Salmond

282

What particular government shows the principle of ministerial solidarity at work and how?

Thatcher Government resignations (CoE, Nigel Lawson, and DPM, Sir Geoffrey Howe)

283

How is NI devolution different to S and W devolution?

It is not intended to bind NI to the union

284

Who found the convention of resignation for MPs who have 'done wrong' misleading?

S E Finer

285

What did P Hennessy say about the Ministerial Code?

It is 'the nearest thing we have to a written constitution for British Cabinet Government'

287

What is the ratio in Duport Steels Ltd v Sirs?

If an Acts words are plain and unambiguous, but the outcome would be unpalatable, it is irrelevant

289

Who first noted separation of powers and three functions of government by three organs of G to avoid despotism?

Montesquieu

290

Name three constitutional arrangements in the last 30 years which, according to Oliver, have been based in law and are thus subject to judicial supervision?

Devolution to Scotland, Wales and NI, and the HRA

291

Who attributed the efficiency of the English Constitution to the 'Clos union, the nearly complete fusion, of the executive and legislative'?

Bagehot in 'The English Constitution'

292

Which act committed departments and governmental/public bodies to publish various information?

The Code of Practice on Access to Governmental Information in 1994

293

What were the referendum results to legislative devolution to S in 1978?

Narrow yes vote

294

What type of state is Scotland?

Union

296

How does weak entrenchment take place?

Through manner and form

297

What does S.29 of the Scotland Act 1998 do?

Voids AoP if outside of the legislative competence of Scotland

298

What does the 'Memorandum of Understanding' form?

A joint ministerial committee for consultation

299

In reference to O'Neill's view of devolution as 'asymmetrical' in the UK states, who found a reason for this and what was it?

Robert Hazell - the asymmetry is to 'emphasise the difference in style and substance between the three devolved assemblies'

301

Jackson v AG

Hunting

303

Which Commission rejected federalism?

The Kilbrandon Commission

304

What are two types of entrenchment P can supposedly use?

Weak and strong

306

What, according to J Goldsworth, is the conception of common law in positivist terms?

Rules judges have made and can change

307

What was the ratio in Jackson v AG 2005?

The Parliament Acts of 1911 and 1949 are all valid, as are the laws passed underneath them

308

Who investigated the idea of a scrutiny commission which would eventually strip the HoL of all use and lead to its abolishment?

D Olivers, 'Parliament III, Some Thoughts about the HoL'

308

In which act was the role of the LC markedly reduced?

CRA 2005

309

From what year to what year was there devolution to NI?

1920-1977

310

What clauses did the Cameron-Clegg G use to abolish, merge and transfer quango functions and why?

Henry VIII Clauses as faster than primary legislation

312

Under the Good Friday (Belfast) Agreement 1998, what was the outcome in NI and Republic of Ireland?

NI yes to the terms and Republic yes to relevant terms

313

Which Article was it argued that the Home Secretary breached by fixing the detention period for young offenders?

Article 6(1) of the ECHR

314

What would an independent scrutiny commission counteract in the HoL?

Election of all/most members

315

What do The Appropriation Acts require P to do?

Consent to government's expenditure

317

In what case was it shown that Home Secretary breached Article 6(1) ECHR by fixing the detention period for young offenders?

V and T v UK 1999

318

What code was introduced under the New Labour Blair/Brown G for CS?

Civil Service Code

319

A v UK

Neighbours from hell

320

What are the five justifications for PS?

Majoritarianism, common law principle, political practice/custom, uncodified constitution and pragmatic approach of courts

321

What three cases show the courts protecting constitutional rules from change?

Thoburn (constitutional statutes), Ex parte Simms 2000 (oral interviews) and R v SS for the Home Department, ex parte Pierson 1998

322

Name three cases which show historical developments of the judiciary and SP?

Prohibitions del Roy, Case of Proclamations, Act of Settlement 1701 and Senior Courts Act 1981

323

Crichel down

Convention of resignation

324

What did the 12 provisions given in the Bill of Rights 1689 aim to do?

Limit the power of the monarch and transfer it to Parliament

325

What was the March 2011 referendum lead to?

Legislative devolution, Acts of the National Assembly for Wales in 20 main areas but no tax varying powers

326

Why did Lord Irving challenge Lord Falconer over the Asylum and Immigration Bill in 2004?

It took away the right of appeal, against fundamental rights as part of the rule of law

327

Who supported John Mackintosh in his view over the governance of the country and how?

Michael Foley, arguing that we have seen 'over the last generation... the growing emergence of a British presidency'

328

What did the political divergence between UK and S and W in the 80s and 90s fuel?

A desire for devolution

330

What is the primary negative against a written/codified constitution?

There are many issues to deal with first

332

Duport Steels Ltd v Sirs

Plain and unambiguous

333

What was the Leader of the House's view on the application of the Salisbury-Addison convention to a coalition?

It does apply, if the two parties made similar commitments

334

Who supported Stratford ACJ in Ndlwan v Hofmeyr in saying that 'Freedom once conferred cannot be revoked'?

Denning in Blackburn v AG

335

Why did the Government reject the suggestions of The HoC Constitutional Committee?

Unnecessary and impossible to define 'constitutional reform'

336

Stockdale v Hansard

Extent

337

What case and report show the role of the courts in the HoC?

Stockdale v Hansard and The 1999 Joint Committee's Report

338

How can one explain the failed executive devolution to W in 1978?

Through the West Lothian question

339

Edinburgh and Dalkeith Railway 1842

Parliamentary roll

340

When is disclosure denied under the White Paper, 'Your Right to Know'?

If disclosure would cause 'substantial harm' to 'protected interests'

342

What was the ratio in Bradlaugh v Gossett?

Exclusive cognisance may over-ride generally accepted legal rights in certain circumstances

343

Which case showed that the Scottish P, unlike English P, is limited by the scope of its powers?

Whaley v Watson

344

Who was the Edinburgh Agreement between?

UK Government and Scottish Government

345

What was the third pillar of the Smith Commission Agreement?

Strengthen financial responsibility of SP

346

Jackson v AG 2005

Hunting

347

In what case was it argued that an AoSP is the same as subordinate legislation by the E P?

AXA General Insurance

348

How does the Robinson v SS case, when compared to AXA for Scotland, show a difference between devolved powers?

Under AXA, only extreme cases for judicial review, but under Robinson it is very flexible

349

What case in particular shows judicial questioning of P's proceedings?

Pepper v Hart

350

What did Montesquieu say in 'The Spirit of Laws' about exercise of the three powers?

'all would be lost if the same man or the same ruling body' were to exercise the three powers

351

What did the CS Reform Plan (June 2012) aim to do?

Increase outsourcing and improved management of major projects

352

In what book did Montesquieu note that 'all would be lost if the same man or the same ruling body' were to exercise the three powers?

'The Spirit of Laws'

354

What is an example of the judiciary showing innovative decisions in areas of social controversy?

R v R (Rape: Marital Exemption)

355

Who found PS valid due to 'rule of recognition' and explores the continuing and self-embracing definitions of PS?

Professor HLA Hart

356

Who recommended formal procedures in 2011 for legislating for constitutional changes/reforms

The HoC Constitutional Committee

357

What did the Wales Bill 2014 suggest?

Jurisdictional unity of E and W may cause complications in the future so eventually W will develop its own jurisdiction

358

What did The 1999 Joint Committee's Report note about HoC?

Comprehensive codification to codify P privilege as a whole has no precedent but perhaps part codification to resolve uncertainty

360

How do the different states interact across borders with issues like disease?

Through a 'Memorandum of Understanding'

361

What is the new view of PS?

Entrenching by manner and form

362

What does s.28(7) of the Scotland Act 1998 enforce?

The sovereignty of UK Parliament over Scottish Parliament

363

Who gave four conceptions of the nature of common law?

J Goldsworthy, 'Parliamentary Sovereignty: Contemporary Debates'

364

What did P Hennessy say about ministerial solidarity?

'Collective responsibility welds the separate functions of Government into a single Administration'

366

What are the two systems of devolution?

Asymmetrical or 'all round'

367

How does strong entrenchment take place?

By making it impossible to amend the statute

368

What are the three primary reasons for bicameralism?

Obsolete historic reasons, HoL place for 'sober second thoughts' and intra-parliamentary scrutiny of Bills

369

What does Barber conclude about the two discernible conceptions of SP?

Prevents abuse from undue concentration of power and no overlap through division

370

Who is an example of an MP who resigned for 'bad behaviour'?

Mr Blunkett

371

What are the Osmotherly rules?

CS give evidence as 'representatives of their Ministers', 'contribute to the process of MA' and shall not 'offer personal views or judgments on matters of government policy'

372

Who said that the fact that P could 'repeal or disregard s.4... but that is theory and has no relation to realities' and in what case?

Lord Sankey in British Coal Corporation v R

373

Although the electoral system in Scotland is supposed to avoid overall majorities, give an example of when this didn't work

In 2011, SNP gained an overall majority

374

Why did Cameron-Clegg G want to reduce agencies?

To reduce cost and improves responsibility

375

What were the two main points of the Coalition Agreement?

Longevity through legislation and principle of balance

377

What did the Richards Commission in 2004 highlight?

Consensus for broader powers and suggested broader devolution (conferral of primary legislative powers)

378

Why was the NI P prorogued without its consent in 1972?

To restore peace

379

What does a Minister in charge of a Bill now have to do upon entering it into Parliament as a result of the HRA 1998?

Declare compatibility with the HRA

381

Name one failure of the soft law approach to accountability of Qs

Qualifications and Curriculum Authority

382

Which case notes that the judiciary will assert control over at least some exercises of prerogative power (e.g. national security)

Council of CS Unions v M for the CS (GCHQ)

383

Who said that if CR could be waived at anytime, this may cause a 'retreat into constitutional anarchy'?

Nevil Johnson

384

What are the two broad issues of the Labour G approach to Quangos according to M Flinders?

Growth and coordination and accountability

385

Who noted that the Ministerial Code is 'the nearest thing we have to a written constitution for British Cabinet Government'?

P Hennessy

386

Which report gave a less rigid hierarchy of the CS, giving more responsibility for specialists and more interchange between private and voluntary sectors?

Fulton

387

What does s.4 of the HRA 1998 allow courts to do?

Make a declaration of legislation's incompatibility with EU Human Rights Law

388

How did Oliver take Ackerman's phrase 'constitutional moment' further?

Included politicians individually and collectively as well as the public at large

389

Which act for government financing has to be renewed each year?

The Income Taxes Act

390

Name at least three ways in which Labour government 1997-2003 distinguished its approach to Quangos from previous Gs

Changed political context (move to openness yet quangos hinder openness), Qs to foster confidence, remould and enlarge public governance to suit needs, increase strategic steering capacity through initiatives/reforms, vaunted belief in 'depoliticisation' and develop and extend soft law framework around certain Qs

391

What was the ratio in R v SS for the HD, ex parte Simms 2000?

There must be a legal basis for interference with fundamental rights

392

Who noted that SP is matching form to function?

Barber

393

R v Chaytor and others

Expenses

394

What did the positive referendum votes in 1997 in S lead to?

Scotland Act 1998

395

What are the two primary roles of the HoC?

Representative democracy and individual ministerial responsibility

396

What was the ratio in AXA General Insurance?

Legislation can be judicially reviewed but only when it threatens/subverts the rule of law; not on grounds of irrationality/unreasonableness

397

Who said that 'The courts have a part to play in defining the limits of P's PS'?

Lord Hope

398

Who said that the law-making role of the courts is a 'subordinate role' to the 'primary legislative power' of P?

Turpin and Tomkins

399

What two cases show that principal conventions contribute to secrecy of G?

R v SS for Defence, ex parte Sancto and R (Binyam Mohamed) v SS for Foreign and Commonwealth Affairs

400

What did the Treasury and CS Committee note about the responsibility of civil servants?

'Those who are to make decisions should be publicly answerable for them'

401

Who investigated the positives and negatives of politicisation of HoL?

Jowell and Oliver in 'The Changing Constitution'

402

What Lord in British Coal Corporation v R said that P could 'repeal or disregard s.4... but that is theory and has no relation to realities'?

Lord Sankey

403

What cases support the existence of a Diceyan orthodoxy through PS being negatively sustained (i.e. can't be questioned)?

Manuel v Attorney General, Jackson v AG and British Railways Board v Pickin

404

What did the Kilbrandon Commission do?

Rejected federalism due to gridlock and split on type of devolution to be introduced

405

What does s.5(6) of the Northern Ireland Act 1998 allow the NI Parliament to do?

Modify any AoP from UK Parliament in so far as it is within their powers to do so

406

What five recommendations did the HoL Constitution Committee give in 'The Process of Constitutional Change'?

Balance between flexibility and rigidity, written ministerial statements, public engagement, pre and post-legislative scurrility and Green and White papers

407

In what year was there executive devolution to W which failed?

1978

408

What did the Scotland Act 2012 do?

More fiscal responsibility and accountability to electorate

409

What case suggested that the Scottish Parliament is above the courts, challenging the view of Lord Rodger in Whaley v Watson?

Adams v Scottish Ministers (LJ Clerk)

411

What was the ratio in Pepper v Hart?

To resolve ambiguity of primary legislation, the courts may refer to Hansard

412

What notes that the PM has very 'few statutory functions'?

UK Cabinet Manual

413

What did Dr Adam Tucker say about P privilege?

It 'undermines the rule of law' but it has over time become 'itself part of the law'

414

British Railways Board v Pickin 1974

Standing orders

415

Which case noted that acts done by department officials on the minister's behalf are in law acts of the minister him/herself?

Carltona Ltd v Commissioners of Works

416

What does s.3 of the HRA allow judges to do?

Make legislation compatible with the HRA

417

What Act united GB and Ireland and when?

Acts of Union 1800

419

What did Dr Felicity Matthews say about CR?

'The ad hoc suspension of collective responsibility erodes stability'

420

What was the ratio in Factortame II?

EU law supersedes UK law

421

From when did administrative decentralisation start taking place for Scotland?

From 1885 - secretary of state in Scotland

422

What was the 'Claim of Right' set out by the 1989 Scottish Constitutional Committee?

S demanded devolution

423

What is executive devolution?

Secondary legislation within framework of primary which stays in the centre

424

What Bill would have allowed ministers to amend, repeal or replace almost any legislation for almost any purpose under Henry VIII clauses?

Legislative and Regulatory Reform Bill 2006

425

Who said that devolution is 'asymmetrical' in the UK because it emphasises 'the difference in style and substance between the three devolved assemblies'?

Robert Hazell

426

Which judge said in Manuel v Attorney General 'no English court can refuse to obey [an AoP] or question its validity'?

Sir Robert Megarry V-C

427

Who noted the Queen's reserve powers which she could exercise in exceptional circumstances?

Geoffrey Marshall

428

When did 26/32 counties call themselves the Republic of Ireland?

1949

429

What are the three positives of a written/codified constitution?

Clarity, restricting PS to avoid abuse and need for coherent reform

430

What two models can make up legislative devolutions?

Reserved powers or conferred powers model

431

What, according to J Goldsworth, is the conception of common law in Dworkinian terms?

Judges identifying abstract principles of morality and applying it

432

Stafford v UK

Early release (Home Secretary)

433

Which report gave a doctrine of IMR with external and internal limbs for the CS?

Haldane

434

From what year did the states start to demand separate institutions?

1960

435

What case in particular shows that the Scottish Parliament are not supreme, and who enforced this?

Whaley v Watson, Lord Rodger

436

Who highlighted the need for revolution in order to change PS?

Sir William Wad

437

What was the ratio in Stockdale v Hansard?

Extent of P's exclusive cognisance is a decision for the court

438

Name the three reports which show historical benchmarks for the CS in the English Constitution

Northcote-Trevelyan Report, Haldane Report and Fulton Report