What was the ratio in Thoburn v Sunderland City Council 2002?
Constitutional statutes immune from implied repeal (e.g. HRA)
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
What is an exception to Article 9 in the Bill of Rights?
Sub judice rule
What Bills can HoL specifically not amend?
Prohibitions del Roy
In GCHQ case, it was asked if national security justifies frustration of established expectations - how many judges said yes?
In what section of CRAG was CS position formalised?
Name the 3 forms of devolution
Legislative, executive and administrative
What act shows administrative decentralisation taking place for Scotland?
SS for Scotland
What was the ratio in Whaley v Watson?
Scottish P is a statutory body which must work within the scope of its powers
When was the Denning Street Declaration?
Who refused to express any view on restriction of PS in Jackson v AG?
Who quote Lord Reid in Jackson v AG?
The Bill of Rights 1689
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)
Which Agreement was made with NI in 1985?
What view do Constitutional theorists believe in?
What is a significant issue with the flow of information?
G can selectively leak/manipulate information
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'
What is the first case that shows power shifting from the monarch to Parliament?
Case of Proclamations 1611
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
What three acts show how the government is financed?
Bill of Rights, The Income Taxes Act and The Appropriation Acts
Who said that PS is 'a construct of common law which the courts may have to qualify'?
V and T v UK
What case showed attempt at supporting judicial independence despite position of LC?
McGonnell v UK
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
How many out of how many counties renamed themselves Ireland under the 1937 Constitution and a Republic in 1949?
What is Sir Jeoffrey Jowell's definition of constitutional change?
'When we see it, we know it'
The HoL Reform Act 2014 did what to reform the HoL?
Allowed retirement and removal upon serious criminal convictions and/or irregular attendance
Which type of devolution is arguably not a type of devolution at all?
When was the Anglo-Irish Agreement?
Who supported Stratford ACJ's statement in Ndlwan v Hofmeyr about s.4 of the Statute of Westminster 1931?
Denning in Blackburn v AG
Who noted that 'the ad hoc suspension of collective responsibility erodes stability'?
Dr Felicity Matthews
What two cases qualified the ratio in Ellen Street Estates v Minister of Health 1934?
Factortame and Thoburn
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
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
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
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)
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'
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
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'
What is the level of comity of the courts towards P in Braudlaugh v Gussett according to Howarth?
What approach did Hutton take in the minority in Robinson v SS for NI 2002?
Considers the statute absolute in what it denotes
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.
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
What is the quasi-legislative devolution exactly given to W in the G of W Act 2006?
Stronger model of executive devolution
Who said that devolution is 'variable, an untidy asymmetrical constitutional architecture'?
What does the Belfast Agreement consist of?
Multi-party agreement by most of NI Political party
Under the HRA 1998, what happens to subordinate legislation that is incompatible?
It can be quashed/disapplied
R v Shayler
Who highlighted three contextual factors to create a picture of 'fluctuating powers' of the PM?
What did the Richards Commission 2004 lead to?
The 2006 Government of Wales Act
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
Who is an example of an MP who did not conform to the convention of resignation despite 'bad behaviour'?
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
In what year was the Fulton Report
Name three contemporary changes to PS
EU, European Human Rights law and challenge of common law radicalism
The Life Peerages Act 1958 did what to reform the HoL?
Allowed the creation of life peers
Who originally came up with the term constitutional moment, before Oliver?
What are the core values of the CS according to Northcote-Trevelyan?
Objectivity, impartiality and integrity
What two cherished rights and institutions did Scotland protect after the Treaty and Acts of Union?
Presbyterianism and courts
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)
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
Where can the essential features of Scotland after devolution be found now?
Scotland Act 1998
Which type of devolution gives powers for primary legislation to give effect to policies on certain subjects, and administrative machinery for its execution
Who noted that SP protects individual liberty against abuse of power by any of the three organs?
Where can the essential features of Wales after devolution be found now?
The Government of Wales Act 2006
Parliament Acts 1911 and 1949
Bypassing the HoL
When did The 1999 Joint Committee's Report suggest codification of parts of P privilege may be useful?
To resolve uncertainty
Who noted that constraints on P are 'ultimately political, not legal'?
How did Brown praise the FIA?
'G belong to the people, not politicians'
In what report did the HoL Constitution Committee give a working definition of constitutional change?
'The Process of Constitutional Chage'
What happened in 1975 to cause collective responsibility to be set aside?
Referendum campaign on EU membership
Whose argument about not adding the threat of judicial invalidation to MPs worries does Lord Hope accept?
J A Griffith
Why was the Legislative and Regulatory Reform Bill 2006 met with substantial hostility?
Too much freedom to MPs
What devolution model do Scotland have under the Scotland Act 1998?
Reserved powers model (legislative)
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
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
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
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
What was the G conclusion in G Response to 'The Process of Constitutional Change'?
Special procedures are inappropriate
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'
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'
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
What scandal in particular may have led to the codification of individual ministerial responsibility?
Arms to Iraq
Who said that 'Constraints upon what P can do are political and diplomatic, not constitutional' in general?
Case of Proclamations 1611
Act of Parliament instead of proclamation in order to change the law
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
The Fixed-Term Parliaments Act 2011 encourages what?
MPs to work together
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'
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
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
When did the Cameron-Clegg G say NDPBs should be retained?
Demonstrable need for technical function, for political impartiality or independence to establish facts
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
What did the Public Bodies Bill 2010 aim to change?
Application and scope of Henry VIII clauses
What is an example of G selectively leaking/manipulating information?
Blair G over unfounded assertions that Iraq had weapons of mass destruction
What was the ratio in Cheney v Conn?
Parliamentary sovereignty supersedes even international law
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
When did 26/32 counties call themselves Ireland and under what?
1937 under the 1937 Constitution
When was the Kilbrandon Commission?
McGonnell v UK
Residential area of land
What does s.4 of the Statute of Westminster 1931 exclude?
Legislating for dominions unless they have requested and consented to the legislation
Which type of devolution gives powers for secondary legislation within framework of primary which stays in the centre?
Which case noted that prerogative powers yield to conflicting statutes?
AG v De Keyser's Royal Hotel Ltd
Name the most recent reform showing the judiciary's movement towards a more pure SP?
Constitutional Reform Act 2005
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
R (Anderson) v SS for the HD
15 or 20 years?
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
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'
How is money distributed to the different states?
Through a block grant decided by the Barnett formula
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'
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
In what book did A V Dicey give the fundamental principles for parliamentary sovereignty?
'The Study of the Law of the Constitution'
What did Article 4 of the Bill of Rights require?
Monarch had to ask Parliament for funding
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
What is administrative devolution?
Decision-making in territorial departments and agencies
How does Barber define the pure theory of SP?
'Complete separation of the three branches of the state'
What did John Mackintosh say about the PM?
'The country is governed by the PM', not the Cabinet
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
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
How does Barber argue that SP matches form to function?
By ensuring state functions are exercised effectively by appropriately accountable people
Who suggested after the Scottish referendum that E/W laws should only be passed with the consent of E/W MPs?
The McKay Commission
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
In what year was the Sunningdale Agreement rejected by Unionists and Sinn Fein in NI?
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
Robinson v SS for NI 2002
First minister election
Cheney v Conn 1968
In what year was the Haldane Reprot?
MacCormick v Lord Advocate
What lord challenged the Asylum and Immigration Bill in 2004?
Lord Irving against Lord Falconer
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
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
What section of the Freedom of Information Act 2000 allows a decision of disclosure to be overridden by executive order?
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'
What does the NI P place particular emphasis on?
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
Who argued that 'the country is governed by the PM', not the Cabinet?
Who claimed that P privilege 'undermines the rule of law' but it has over time become 'itself part of the law'?
Dr Adam Tucker
What is an example of manner and form (weak entrenchment making it easier to change laws?
PA 1911 and 1949
What are the 'Seven Principles of Public Life' in the Ministerial Code?
Selflessness, integrity, objectivity, accountability, openness, honesty and leadership
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
What electoral system do Wales use?
What did the Edinburgh Agreement contain?
A promise to hold a referendum and a cooperation clause
How did the HoL Constitution Committee back up the convention of IMR for CS?
'CS are fully accountable to ministers'
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
What did the Official Secrets Act 1989 do?
Repealed draconian s.2 of the OSA 1911
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
Which Plan under the Lib Dem/Conservative Coalition increased outsourcing and improved management of major projects?
CS Reform Plan (June 2012)
When was the NI P prorogued without its consent?
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
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'
Up to what point does Lord Hope believes in PS?
Up to the point of needing the judiciary as a safeguard against extreme laws
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
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
What are the three functions of government?
Legislative, adjudicating and executive
What PM in particular shows limitations to the PM's powers?
Thatcher through her forced resignation
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
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
When was the 'Union of two Crowns'?
What does S.10(2) of the CRAG Act ensure for the CS?
Appointment on merit and open competition for positions
What directive instructed departments to publish 'as much as possible'?
How does Barbaris see civil servants as responsible?
Through select committees
Why was there political divergence between UK and S and W?
Conservative majority in UK but a Labour majority in S and W
Why was the Public Bodies Bill 2010 condemned?
Lacked safeguards P had insisted be included
What was a strengthening of the select committees system aiming to do?
Improve ministerial accountability
Referendums for the British-Irish Agreement led to what?
The NI Act 1998
When was the Act of Union?
Who said that there needs to be a 'constitutional moment' for constitutional change/reform?
How does Barendt argue that SP is secured?
By checks and balances
Who did chairs of select committees used to be elected by?
Bradlaugh v Gossett
What percentage of advisory bodies did the PASC found to be complying with openness criteria?
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'
Give three times when collective responsibility has been set aside
1931, 1975 and during debate over legislation creating direct elections to EU Parliament
What was the second pillar of the Smith Commission Agreement?
Delivering prosperity, health economy, jobs and social justice
What LSE lecturer said that P can have more power than judiciary due to democracy?
J A Griffith
What is a consociational democracy?
A pluralist model of power-sharing by different parties to avoid domination of Unionist over Nationalist minority
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.
How else, other than by following the Croham Directive, can the flow of information be increased?
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
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
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
A deadlock between the HoC and HoL could lead to what?
Implementation of PA 1911/1949
In what year was there legislative devolution to S?
What was the ratio in R v Chaytor and others?
Expenses are not proceedings of P nor P privilege
Which Act placed the civil service on a statutory footing?
Constitutional Reform and Governance Act 2010 (CRAG)
What two cases specifically support the fact that P is seen as supreme?
Cheney v Conn and R y Lyons
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
What did the European Communities Act 1972, s.2 say?
Courts to give effect to EU law
What does Article 9 of the Bill of Rights protect?
'Freedom of speech and debate' in the HoC
What provision in particular does the NI have in response to Unionist/Nationalist rivalry?
Who said that 'federal Government means weak Government' and will 'always be at a disadvantage'?
A V Dicey
What two elements of the constitution did Bagehot give in 'The English Constitution'?
Efficient and dignified elements
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'
Give at least three precedent examples of weak entrenchment in the UK
Jackson v AG, Scotland Act 1998, Harris v Minister of the Interior
What is the ratio in R (Anderson) v SSHD?
The executive should not act in a judicial function
What did Flinders note about the issue of depoliticisation?
'The public will still look to politicians to act on their behalf or accept responsibility'
What are 'Sewel motions' and what country can use them?
Scotland - Scottish P can request Westminster to read across primary legislation
Who are chairs of select committees elected by?
What did Montesquieu note SP is vital in order to avoid?
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
Where can one find the key definition of the Civil service?
Tomlin Royal Commission on the CS in 1931
What was at the heart of the changes under the Conservative Thatcherite G from 1979?
Outsourcing of utilities to the private sector (agencification)
When was the Irish Free State formed?
What is the level of comity of the courts towards P in Stockdale v Hansard according to Howarth?
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
What is soft law?
A way to elaborate on conventions - it is very flexible
Which report created a permanent and politically disinterested CS?
What is popular sovereignty?
A constitutional theory underpinning the 2014 referendum (ability to leave UK at any time)
Pepper v Hart
What case showed that Article 9 protects MPs?
A v UK
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
In which year did Ireland split?
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)
Who used Bradlaugh v Gussett and Stockdale v Hansard to show level of comity fluctuating over the years?
What case supports Stafford v UK on the powers of the Home Secretary being limited by ECHR?
R (Anderson) v SS for the HD
What was Baroness Royall of Blaisdon's view on the application of the Salisbury-Addison convention to a coalition?
Does not apply
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
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'
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'
What was a key piece of soft law for the current coalition?
What are the two options for the future of the HoL?
Incremental reforms or independent expert scrutiny commission
What does Barendt prefer - pure or partial SP?
Partial - welcomes 'some overlap of functions and office-holders'
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
Who argued that there are no material differences between the three functions of G?
Ivor Jennings and Barber
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
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
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
How was the Legislative and Regulatory Reform Bill 2006 altered after hostile scrutiny?
Reduced ministerial powers and increase Parliamentary scrutiny
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'
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
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
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
According to Bagehot, what is an efficient element of the Constitution?
Those with the power to make ad carry out policy (Cabinet)
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
Who said that a 'key moment' is required for constitutional change/reform?
What did the HoL Constitutional Committee say about the Legislative and Regulatory Reform Bill 2006?
'Further safeguards' should have been enacted
When is there a decline in strategic capacity of Qs?
Where a 'high degree of inter-organisational collaboration' is needed to achieve outcomes
Which case showed that legislation of SP can only be judicially reviewed when it threatens/subverts the rule of law?
AXA General Insurance
Who argued for the existence of a 'British presidency' to support John Mackintosh?
In what year was the Northcote-Trevelyan Report?
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
Who coined the phrase 'political constitution'?
Griffiths, 'The Politics of the Judiciary'
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
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'
What judge said that 'Freedom once conferred cannot be revoked'?
Stratford ACJ in Ndlwan v Hofmeyr
From when did administrative decentralisation start taking place for Wales?
From 1964 - SS for Wales
What did Stratford ACJ in Ndlwan v Hofmeyr say about s.4 of the Statute of Westminster 1931?
'Freedom once conferred cannot be revoked'
What type of state is England?
What is the pragmatic approach of courts to the principle of PS aiming to do?
Promote cooperation between institutions
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
Ellen Street Estates v Minister of Health 1934
Doctrine of implied repeal
What are the three categories of reserved powers from the NI?
Transferred, reserved and excepted
What case specifically does not offer support to the new view of PS?
Ellen Street Estates Ltd v Minister of Health
What Article in the Bill of Rights protects 'Freedom of speech and debate' in the HoC?
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
The HoL Reform act 1999 did what to reform the HoL?
Removed all but 10% of 750+ hereditary peerages
How did Shanks criticise the Labour G approach to Qs?
'Institutionalitis' by setting up a new organisation to fix any problem
How does Barber define the partial theory of SP?
'Emphasises the significant of checks and balances'
Which Scottish Act gave more fiscal responsibility and accountability to electorate?
Scotland Act 2012
What did the Act of Union do?
Unified England and Scotland which involved Scottish P coming into the English P by negotiation
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
What do Henry VIII clauses allow?
Ministers to amend, repeal or replace some legislation for particular purposes
The 1989 Scottish Constitutional Convention set out what?
A 'Claim of Right'
What did the Treaty and Acts of Union do?
Joined Scottish and English Government
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)
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
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
Under New Labour, what were the outcomes of the 1997 referendum in W and S?
Yes votes to both
Which reform made select committees in the HoC more independent?
The Wright Reforms 2010
What did the positive referendum votes in 1997 in W lead to?
Government of Wales Act 1998
Who said that the 'quango state was alive and well'?
Tonybee and Walker
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
Gibson v LA
Fishing rights public, not private
What report noted that comprehensive codification to codify P privilege as a whole has no precedent
The 1999 Joint Committee's Report
In GCHQ case, it was asked if a prerogative power was reviewable - how many judges said yes?
Which type of devolution gives powers for decision-making in territorial departments and agencies?
When was there political divergence between UK and S and W?
In the 1980s and 1990s
Which electoral system do Scotland use under the Scotland Act 1998?
d'hondt additional member electoral system
What did the Anglo-Irish Agreement and Denning Street Declaration recognise?
Legitimacy of the Nationalist tradition and identity in NI
What is legislative devolution?
Powers for primary legislation to give effect to policies on certain subjects, and administrative machinery for its execution
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
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
Who showed a clear preference for an independently appointed second chamber in 'The Changing Constitution', Jowell and Oliver?
What is an example of manner and form (weak entrenchment) making it harder to change laws?
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'
Why did attempted executive devolution to W fail in 1978?
Referendum showed a huge consensus against it
Where can the essential features of Northern Ireland after devolution be found now?
Northern Ireland Act 1998
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
R v SS for Defence, ex parte Sancto
Report over soldier's death
What is an example of s.53 of the FIA 2000 being used to override a decision on nondisclosure?
MP Expenses Scandal
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
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?
Which two political statements recognised the legitimacy of the Nationalist tradition and identity in NI?
Anglo-Irish Agreement and Denning Street Declaration
Who speaks about a 'pure' and 'partial' separation of powers and in what book?
E Barendt, 'Separation of Powers and Constitutional Government'
When was there direct rule from Westminster in NI?
Name two contextual points for the Lib Dem/Conservative Coalition
Age of austerity and rise of e-governance
Who found judicial obedience to be fundamental to the legal system?
What particular government shows the principle of ministerial solidarity at work and how?
Thatcher Government resignations (CoE, Nigel Lawson, and DPM, Sir Geoffrey Howe)
How is NI devolution different to S and W devolution?
It is not intended to bind NI to the union
Who found the convention of resignation for MPs who have 'done wrong' misleading?
S E Finer
What did P Hennessy say about the Ministerial Code?
It is 'the nearest thing we have to a written constitution for British Cabinet Government'
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
Who first noted separation of powers and three functions of government by three organs of G to avoid despotism?
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
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'
Which act committed departments and governmental/public bodies to publish various information?
The Code of Practice on Access to Governmental Information in 1994
What were the referendum results to legislative devolution to S in 1978?
Narrow yes vote
What type of state is Scotland?
How does weak entrenchment take place?
Through manner and form
What does S.29 of the Scotland Act 1998 do?
Voids AoP if outside of the legislative competence of Scotland
What does the 'Memorandum of Understanding' form?
A joint ministerial committee for consultation
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'
Jackson v AG
Which Commission rejected federalism?
The Kilbrandon Commission
What are two types of entrenchment P can supposedly use?
Weak and strong
What, according to J Goldsworth, is the conception of common law in positivist terms?
Rules judges have made and can change
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
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'
In which act was the role of the LC markedly reduced?
From what year to what year was there devolution to NI?
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
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
Which Article was it argued that the Home Secretary breached by fixing the detention period for young offenders?
Article 6(1) of the ECHR
What would an independent scrutiny commission counteract in the HoL?
Election of all/most members
What do The Appropriation Acts require P to do?
Consent to government's expenditure
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
What code was introduced under the New Labour Blair/Brown G for CS?
Civil Service Code
A v UK
Neighbours from hell
What are the five justifications for PS?
Majoritarianism, common law principle, political practice/custom, uncodified constitution and pragmatic approach of courts
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
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
Convention of resignation
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
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
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
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'
What did the political divergence between UK and S and W in the 80s and 90s fuel?
A desire for devolution
What is the primary negative against a written/codified constitution?
There are many issues to deal with first
Duport Steels Ltd v Sirs
Plain and unambiguous
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
Who supported Stratford ACJ in Ndlwan v Hofmeyr in saying that 'Freedom once conferred cannot be revoked'?
Denning in Blackburn v AG
Why did the Government reject the suggestions of The HoC Constitutional Committee?
Unnecessary and impossible to define 'constitutional reform'
Stockdale v Hansard
What case and report show the role of the courts in the HoC?
Stockdale v Hansard and The 1999 Joint Committee's Report
How can one explain the failed executive devolution to W in 1978?
Through the West Lothian question
Edinburgh and Dalkeith Railway 1842
When is disclosure denied under the White Paper, 'Your Right to Know'?
If disclosure would cause 'substantial harm' to 'protected interests'
What was the ratio in Bradlaugh v Gossett?
Exclusive cognisance may over-ride generally accepted legal rights in certain circumstances
Which case showed that the Scottish P, unlike English P, is limited by the scope of its powers?
Whaley v Watson
Who was the Edinburgh Agreement between?
UK Government and Scottish Government
What was the third pillar of the Smith Commission Agreement?
Strengthen financial responsibility of SP
Jackson v AG 2005
In what case was it argued that an AoSP is the same as subordinate legislation by the E P?
AXA General Insurance
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
What case in particular shows judicial questioning of P's proceedings?
Pepper v Hart
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
What did the CS Reform Plan (June 2012) aim to do?
Increase outsourcing and improved management of major projects
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'
What is an example of the judiciary showing innovative decisions in areas of social controversy?
R v R (Rape: Marital Exemption)
Who found PS valid due to 'rule of recognition' and explores the continuing and self-embracing definitions of PS?
Professor HLA Hart
Who recommended formal procedures in 2011 for legislating for constitutional changes/reforms
The HoC Constitutional Committee
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
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
How do the different states interact across borders with issues like disease?
Through a 'Memorandum of Understanding'
What is the new view of PS?
Entrenching by manner and form
What does s.28(7) of the Scotland Act 1998 enforce?
The sovereignty of UK Parliament over Scottish Parliament
Who gave four conceptions of the nature of common law?
J Goldsworthy, 'Parliamentary Sovereignty: Contemporary Debates'
What did P Hennessy say about ministerial solidarity?
'Collective responsibility welds the separate functions of Government into a single Administration'
What are the two systems of devolution?
Asymmetrical or 'all round'
How does strong entrenchment take place?
By making it impossible to amend the statute
What are the three primary reasons for bicameralism?
Obsolete historic reasons, HoL place for 'sober second thoughts' and intra-parliamentary scrutiny of Bills
What does Barber conclude about the two discernible conceptions of SP?
Prevents abuse from undue concentration of power and no overlap through division
Who is an example of an MP who resigned for 'bad behaviour'?
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'
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
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
Why did Cameron-Clegg G want to reduce agencies?
To reduce cost and improves responsibility
What were the two main points of the Coalition Agreement?
Longevity through legislation and principle of balance
What did the Richards Commission in 2004 highlight?
Consensus for broader powers and suggested broader devolution (conferral of primary legislative powers)
Why was the NI P prorogued without its consent in 1972?
To restore peace
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
Name one failure of the soft law approach to accountability of Qs
Qualifications and Curriculum Authority
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)
Who said that if CR could be waived at anytime, this may cause a 'retreat into constitutional anarchy'?
What are the two broad issues of the Labour G approach to Quangos according to M Flinders?
Growth and coordination and accountability
Who noted that the Ministerial Code is 'the nearest thing we have to a written constitution for British Cabinet Government'?
Which report gave a less rigid hierarchy of the CS, giving more responsibility for specialists and more interchange between private and voluntary sectors?
What does s.4 of the HRA 1998 allow courts to do?
Make a declaration of legislation's incompatibility with EU Human Rights Law
How did Oliver take Ackerman's phrase 'constitutional moment' further?
Included politicians individually and collectively as well as the public at large
Which act for government financing has to be renewed each year?
The Income Taxes Act
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
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
Who noted that SP is matching form to function?
R v Chaytor and others
What did the positive referendum votes in 1997 in S lead to?
Scotland Act 1998
What are the two primary roles of the HoC?
Representative democracy and individual ministerial responsibility
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
Who said that 'The courts have a part to play in defining the limits of P's PS'?
Who said that the law-making role of the courts is a 'subordinate role' to the 'primary legislative power' of P?
Turpin and Tomkins
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
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'
Who investigated the positives and negatives of politicisation of HoL?
Jowell and Oliver in 'The Changing Constitution'
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'?
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
What did the Kilbrandon Commission do?
Rejected federalism due to gridlock and split on type of devolution to be introduced
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
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
In what year was there executive devolution to W which failed?
What did the Scotland Act 2012 do?
More fiscal responsibility and accountability to electorate
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)
What was the ratio in Pepper v Hart?
To resolve ambiguity of primary legislation, the courts may refer to Hansard
What notes that the PM has very 'few statutory functions'?
UK Cabinet Manual
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'
British Railways Board v Pickin 1974
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
What does s.3 of the HRA allow judges to do?
Make legislation compatible with the HRA
What Act united GB and Ireland and when?
Acts of Union 1800
What did Dr Felicity Matthews say about CR?
'The ad hoc suspension of collective responsibility erodes stability'
What was the ratio in Factortame II?
EU law supersedes UK law
From when did administrative decentralisation start taking place for Scotland?
From 1885 - secretary of state in Scotland
What was the 'Claim of Right' set out by the 1989 Scottish Constitutional Committee?
S demanded devolution
What is executive devolution?
Secondary legislation within framework of primary which stays in the centre
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
Who said that devolution is 'asymmetrical' in the UK because it emphasises 'the difference in style and substance between the three devolved assemblies'?
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
Who noted the Queen's reserve powers which she could exercise in exceptional circumstances?
When did 26/32 counties call themselves the Republic of Ireland?
What are the three positives of a written/codified constitution?
Clarity, restricting PS to avoid abuse and need for coherent reform
What two models can make up legislative devolutions?
Reserved powers or conferred powers model
What, according to J Goldsworth, is the conception of common law in Dworkinian terms?
Judges identifying abstract principles of morality and applying it
Stafford v UK
Early release (Home Secretary)
Which report gave a doctrine of IMR with external and internal limbs for the CS?
From what year did the states start to demand separate institutions?
What case in particular shows that the Scottish Parliament are not supreme, and who enforced this?
Whaley v Watson, Lord Rodger
Who highlighted the need for revolution in order to change PS?
Sir William Wad
What was the ratio in Stockdale v Hansard?
Extent of P's exclusive cognisance is a decision for the court
Name the three reports which show historical benchmarks for the CS in the English Constitution
Northcote-Trevelyan Report, Haldane Report and Fulton Report