Unit 5 Flashcards
(16 cards)
Composition: House of Lords
Not elected, not a representative body.
Composition:
Lords Temporal:
Life Peers (approx. 700): Appointed by Monarch on PM’s advice (often from non-political Appointments Commission suggestions).
Hereditary Peers (up to 92): Remnants after House of Lords Act 1999 removed most.
Composition: Meeting & Duration of Parliament
How often must Parliament meet?
What is the maximum duration of a Parliament?
Must be summoned every three years (Meeting of Parliament Act 1694). By convention, meets almost permanently.
Duration: Maximum life of five years (Parliament Act 1911).
Legislative Process: Public Bills
Definition: Bills that alter the general law, concerning the public as a whole.
Forms:
Government Bills: Submitted as part of the Government’s legislative programme (e.g., listed in King’s Speech). Most common type.
Private Members’ Bills: Introduced by MPs or Lords who are not government ministers. Small minority become law due to lack of time, but can raise publicity for issues (e.g., Voyeurism Act 2019 resulted from a failed PMB).
Which House is more important and why?
Commons’ Primacy: The House of Commons is more important due to its democratic legitimacy (members are directly elected).
By convention, the Prime Minister and most ministers sit in the Commons.
Lords’ Role: Often described as a “revising chamber.” Uses its expertise to scrutinise legislation, propose amendments, and delay bills.
The Parliament Acts 1911 & 1949
Resulted from conflicts between the two Houses, particularly the Lords’ rejection of the 1909 Finance Bill. Aimed to curb the power of the unelected Lords.
Parliamentary Sovereignty: The “Enrolled Act” Rule
Once an Act of Parliament has been entered onto the Parliamentary roll, the courts will not question the validity of that Act based on alleged irregularities in its parliamentary procedure or hold the Act to be void.
Parliamentary Sovereignty: Unlimited Legislative Competence - Overriding International Law
Can Parliament legislate contrary to international law?
Give a key case example.
What is a contemporary example of this principle being relevant?
Principle: Yes, Parliament can legislate contrary to international law. If there is a conflict, the statute prevails in domestic law.
Case Example: Cheney v Conn [1968]: Taxpayer challenged tax funding nuclear weapons as contrary to Geneva Convention. Court held the UK statute imposing the tax prevailed over the international treaty.
Contemporary Relevance: The UK Government’s proposal (later withdrawn due to Windsor Framework) to pass the Northern Ireland Protocol Bill, which would have unilaterally overridden provisions of the Withdrawal Agreement (an international treaty), demonstrated Parliament’s legal power to legislate even if it breaches international law.
Parliamentary Sovereignty: Unlimited Legislative Competence - Retrospective Operation
Yes, Parliament can pass laws that operate retrospectively, changing the legal consequences of past actions.
Sewel Convention:
UK Parliament “will not normally legislate with regard to devolved matters without the consent” of the devolved legislatures.
Legal Status: Confirmed as not legally binding by the Supreme Court in R (Miller) v Secretary of State for Exiting the European Union [2017] (Miller No 1), even though it is partially codified (e.g., Scotland Act 2016).
Limitations: Domestic - “Henry VIII Powers”
Clauses in Acts of Parliament that permit government ministers to amend or repeal primary legislation (Acts of Parliament) by means of delegated legislation. Named after a 1539 Act giving King Henry VIII’s proclamations the force of law.
Controversy: They are seen as contrary to the fundamental principle of Parliamentary Sovereignty because they allow unelected ministers to make or change primary law, bypassing full parliamentary scrutiny.
Lord Judge (former Lord Chief Justice) warned they “damage the sovereignty of Parliament.”
Limitations: European - EU Law Supremacy (Historical & Post-Brexit)
During Membership: EU law was supreme over conflicting national law.
ECA 1972: Section 2(1) made directly effective EU rights enforceable in UK courts; Section 2(4) required UK legislation to be “construed and have effect” subject to EU law.
Factortame (No 2) [1991]: House of Lords ruled directly effective EU law took precedence over conflicting UK law (including later Acts of Parliament), effectively suspending an Act of Parliament. This profoundly impacted implied repeal doctrine for EU law.
Limitations: European - Types of EU Legislation
Regulations: Directly applicable and automatically binding in all Member States (no further national legislation needed).
Directives: Set objectives; oblige Member States to pass domestic legislation to implement those objectives by a set date.
Decisions: Directly binding, but only on those to whom they are addressed (e.g., Member States, companies, individuals).
Recommendations & Opinions: Not binding.
What is “direct effect” of EU law?
A key principle allowing individuals to directly enforce rights conferred by EU law in national courts without further national implementing legislation.
Vertical Direct Effect: EU law enforced against the state or “Emanation of the State” . Directives can only have vertical direct effect
Horizontal Direct Effect: EU law enforced against private bodies/individuals.
European - Indirect Effect
National courts must, as far as possible, interpret national law (whether adopted before or after a Directive) in light of the wording and purpose of EU law (e.g., Directives) to achieve the EU objective. Also known as the “doctrine of indirect effect” or “principle of consistent interpretation.”
European - State Liability for Breach of EU Law
Significance for Parliamentary Sovereignty: The UK Government could be liable for damages arising from Parliament’s failure to pass legislation giving effect to EU law, or from defective implementation of EU law in an Act of Parliament, thus creating a financial implication for legislative action/inaction.
