Topic 1 Parliament Flashcards
Role of Parliament:
3 Points
It’s a democratic and representative institution.
Gives the government political legitimacy through its majority in the Commons.
Ultimate decision-making body- It scrutinises government policy and administration.
Difference between Parliament and Government (established in Miller 1)
Shows the ultimate decision-making body- P scrutinises G
G attempts to use its royal prerogative to leave the EU after the referendum
The role of parliament to scrutinise the government become clear in the fact that gov were unable to exit the EU without parliamentary approval
Define Royal Prerogative powers
Dicey’s definition:
Prerogative= “residue of powers vested in the Crown”
Powers by the Executive exercised by ministers if it is “consistent with Parliamentary legislation”
Previously belonged to the monarch but is now exercised by gov ministers: involve the power to declare war and foreign affairs
Article 50 of the Treaty on European Union
Sets out how members may withdraw from the EU:
Must be in accordance with its own constitutional principles
Triggered by the government- by use of its prerogative powers (due to the uncodified nature of the UK constitution)
The clash between Prerogative Powers and statute
Article 50 and European Communities Act 1972
In Miller 1 there was a dispute over whether the Cameron gov could revoke Article 50 or if it required P approval- due to Parl Sov
Miller 1 showed that PP can be limited by statute- Executive lacked the legal power to initiate Article 50
Only way Article 50 could be revoked if P repealed the ECA 1972- as P is S and overrules PP
Case law supporting the overruling of P over PP
Fire Brigades Union Case [1995]
Lord Browne Wilkinson stated:
It would be “surprising” for PP exercised by the Executive to frustrate the will of P
PP cannot overrule decisions of P or statute- reaffirmed in Miller 1
Devolution and Territorial Constitution
Devolution of power to make the UK less highly centralised
Since the 1990s- increase in devolution leading to the creation of:
Scottish P
Scottish G
Welsh Ass
Welsh G
NI Ass
NI Ex
Multi-layered constitution
Constitutional Conventions
Rules of good political manner
Underlying principles that are not formal and codified
Not legally binding but can be drawn up into law
Examples:
Sewel Convention
Salisbury Convention
Sewel Convention
Example of Constitutional Convention
When P wants to legislate with regard to powers of the devolved legislatures or devolved Exec, under the terms of the convention must have devolved consent
Not legally binding- confined in SC by Miller 1
Sewel Convention and Miller 1
(Legislative consent and Brexit)
Triggering of A50 and leaving EU would impact devolved matters
Gov argued that it had the power under Royal Prerogative to make a notification to leave the EU
Challenged in Miller 1- Scottish and Welsh G intervened in the SC appeal to argue the extent it could be shown that Primary Leg was needed to authorise a notification to the EU Council
Sewel Convention requires Leg be passed with consent of devolved states
Salisbury Convention
Convention ensures major Gov Bills can get through the Lords when the Gov of the day has no majority in the Lords
In practice ensures the Lords don’t try and vote down at the 2nd or 3rd reading a Gov Bill mentioned in an election manifesto
Ensures democracy and that P remains representative of the electorate
Supreme Court ruling on constitutional conventions and accountability for any breach of conventions
(Reaffirmed in Miller 1)
Miller 1
SC cannot enforce political conventions
Recognises the importance of conventions like the Sewel Convention in harmonising relationships between UK P and devolved legislatures however it is purely a convention of good political manner and is not legally binding no requirement to be enforced by judges
Role of Conventions if they are not legal
Ensure the constitution operates in accordance with constitutional values
