Introduction to Constitutional Law
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Questions and Answers

The Parliament is the body that interprets the law.

False (B)

A constitution can establish a type of political order.

True (A)

Transformative constitutionalism is focused on maintaining a static legal document.

False (B)

The UK constitution is characterized as uncodified and flexible.

<p>True (A)</p> Signup and view all the answers

Political constitutionalism restricts government power mainly through legal rules.

<p>False (B)</p> Signup and view all the answers

The principles of parliamentary sovereignty and the rule of law are key constitutional principles in the UK.

<p>True (A)</p> Signup and view all the answers

One of the situations that could lead to a new constitution is a defeat in war.

<p>True (A)</p> Signup and view all the answers

Legal constitutionalism focuses solely on the political processes to hold the government accountable.

<p>False (B)</p> Signup and view all the answers

Section 3 of the HRA may require a court to depart from the clear meaning of the legislation.

<p>True (A)</p> Signup and view all the answers

According to the content, Parliament retains the right to enact legislation that is fully compliant with Convention rights.

<p>False (B)</p> Signup and view all the answers

The issues in the Ghaidan case were concluded to be questions of social policy better left to the Parliament.

<p>True (A)</p> Signup and view all the answers

The interpretation of the statute in the Ghaidan case was aligned with the intention of Parliament from 1988.

<p>False (B)</p> Signup and view all the answers

Lord Millett suggested that Parliament intended for courts to adopt meanings inconsistent with the fundamental features of legislation.

<p>False (B)</p> Signup and view all the answers

The Independent Human Rights Act Review's terms of reference included the possibility of replacing the HRA.

<p>False (B)</p> Signup and view all the answers

John Major's position in 1996 indicates a focus on maintaining the existing Human Rights Act.

<p>False (B)</p> Signup and view all the answers

D Raab's proposed 'Modern Bill of Rights' aimed to overhaul the Human Rights Act.

<p>True (A)</p> Signup and view all the answers

The House of Lords can veto money bills.

<p>False (B)</p> Signup and view all the answers

Members of the House of Commons must be at least 21 years old to stand for election.

<p>False (B)</p> Signup and view all the answers

Civil Servants are eligible to become Members of Parliament.

<p>False (B)</p> Signup and view all the answers

Parliamentary privilege offers protection against civil and criminal liability for actions taken within Parliament.

<p>True (A)</p> Signup and view all the answers

Students living at their University addresses can register to vote at those addresses.

<p>True (A)</p> Signup and view all the answers

The House of Lords consists of only life peers.

<p>False (B)</p> Signup and view all the answers

Joint Committees of Parliament are composed of members from the same House.

<p>False (B)</p> Signup and view all the answers

Parliamentary questions are one of the checks on the Government.

<p>True (A)</p> Signup and view all the answers

A bill can be delayed by the House of Lords for up to two years.

<p>False (B)</p> Signup and view all the answers

Members of the public can freely attend all parliamentary debates without restrictions.

<p>False (B)</p> Signup and view all the answers

The Monarch has the authority to open and dissolve Parliament.

<p>True (A)</p> Signup and view all the answers

A unicameral system bases its parliament on two Houses.

<p>False (B)</p> Signup and view all the answers

The UK Parliament must approve the cost increase of a TV license.

<p>True (A)</p> Signup and view all the answers

Life peerages can be inherited by the children of life peers.

<p>False (B)</p> Signup and view all the answers

The Magna Carta was established in the year 1215.

<p>True (A)</p> Signup and view all the answers

The Bill of Rights was enacted in 1769.

<p>False (B)</p> Signup and view all the answers

The Act of Union was passed in 1702.

<p>False (B)</p> Signup and view all the answers

Parliament is one of the four sources of the UK Constitution.

<p>True (A)</p> Signup and view all the answers

Ministers are not required to support government policy if they disagree in public.

<p>False (B)</p> Signup and view all the answers

The Government of Wales Act was implemented in 1998.

<p>True (A)</p> Signup and view all the answers

The principles of collective ministerial responsibility allow ministers to publicly criticize each other's views.

<p>False (B)</p> Signup and view all the answers

The Sewel Convention grants Scotland and Northern Ireland a veto over Brexit.

<p>False (B)</p> Signup and view all the answers

The case of A and others v Secretary of State for the Home Department involved incompatible provisions with Article 8 of the European Convention of Human Rights.

<p>False (B)</p> Signup and view all the answers

Judges can criticize government policy according to established conventions.

<p>False (B)</p> Signup and view all the answers

The collective responsibility of ministers is intended to promote governmental efficiency.

<p>True (A)</p> Signup and view all the answers

Resignation from Ministerial Office is a common occurrence following incompetence.

<p>False (B)</p> Signup and view all the answers

Conventions hold government accountable and regulate relations in Parliament.

<p>True (A)</p> Signup and view all the answers

The Human Rights Act was established in 1988.

<p>False (B)</p> Signup and view all the answers

The UK constitution is inflexible and permanently entrenched.

<p>False (B)</p> Signup and view all the answers

The principle of selflessness is one of the seven principles of public life.

<p>True (A)</p> Signup and view all the answers

A codified constitution is easier to amend than an uncodified constitution.

<p>False (B)</p> Signup and view all the answers

Judicial review allows the US Supreme Court to declare laws unconstitutional.

<p>True (A)</p> Signup and view all the answers

The Royal Assent is a prerogative power that requires parliamentary approval.

<p>False (B)</p> Signup and view all the answers

The House of Commons is composed of appointed members known as peers.

<p>False (B)</p> Signup and view all the answers

In the case of Brown v. Board of Education, racial segregation was upheld as constitutional.

<p>False (B)</p> Signup and view all the answers

Prorogation temporarily suspends all parliamentary business.

<p>True (A)</p> Signup and view all the answers

The Executive branch is responsible for creating laws.

<p>False (B)</p> Signup and view all the answers

The US Constitution guarantees a right to abortion.

<p>False (B)</p> Signup and view all the answers

Integrity is one of the seven principles of public life.

<p>True (A)</p> Signup and view all the answers

Prerogative powers are explicitly granted by law.

<p>False (B)</p> Signup and view all the answers

The Monarch plays no role in the legislation process.

<p>False (B)</p> Signup and view all the answers

Obergefell v. Hodges confirmed the right to same-sex marriage in the United States.

<p>True (A)</p> Signup and view all the answers

The Human Rights Act 1998 allows individuals to defend their rights in UK courts.

<p>True (A)</p> Signup and view all the answers

The European Court of Human Rights is located in Paris.

<p>False (B)</p> Signup and view all the answers

Parliamentary sovereignty means that Parliament can legislate without any legal limitations.

<p>True (A)</p> Signup and view all the answers

Parliamentary sovereignty means that Parliament cannot legislate against fundamental principles of human rights.

<p>False (B)</p> Signup and view all the answers

The courts have the power to bind Parliament's successors.

<p>False (B)</p> Signup and view all the answers

Common law evolves strictly through written statutes and regulations.

<p>False (B)</p> Signup and view all the answers

All Acts of Parliament have the same status under constitutional statutes.

<p>False (B)</p> Signup and view all the answers

Article 8 of the European Convention on Human Rights protects the right to privacy.

<p>True (A)</p> Signup and view all the answers

The Human Rights Act 1998 is an example of a constitutional statute.

<p>True (A)</p> Signup and view all the answers

The Interception of Communications Act 1985 was established to regulate phone tapping by police in the UK.

<p>True (A)</p> Signup and view all the answers

The Prerogative powers can be used to change a statute directly.

<p>False (B)</p> Signup and view all the answers

The Sewell convention limits Westminster’s legislative power.

<p>False (B)</p> Signup and view all the answers

The principle of legality requires Parliament to confront the implications of its legislation regarding citizens' rights.

<p>True (A)</p> Signup and view all the answers

Miller case concerns were primarily about the legality of Brexit itself.

<p>False (B)</p> Signup and view all the answers

Entrenchment refers to the idea that some laws cannot be easily repealed or amended.

<p>True (A)</p> Signup and view all the answers

Ghaidan v Godin-Mendoza dealt with the rights of heterosexual couples only.

<p>False (B)</p> Signup and view all the answers

The Human Rights Act 1998 obliges UK courts to interpret legislation in a way that aligns with Convention rights where possible.

<p>True (A)</p> Signup and view all the answers

Legislative competence refers to the power of Parliament to legislate on reserved matters only.

<p>False (B)</p> Signup and view all the answers

Jackson v AG determined that the Rule of Law may be superior to Parliamentary sovereignty.

<p>True (A)</p> Signup and view all the answers

R v Secretary of State for the Home Department Ex parte Simms concluded that general words in legislation are always intended to uphold individual rights.

<p>False (B)</p> Signup and view all the answers

The ECHR operates independently of international law considerations.

<p>False (B)</p> Signup and view all the answers

Prorogation of Parliament is an exercise of Legislative power.

<p>False (B)</p> Signup and view all the answers

Malone v Metropolitan Police Commissioner highlighted privacy rights under UK common law.

<p>False (B)</p> Signup and view all the answers

Continuity Bills allowed for the ongoing application of retained EU law after Brexit.

<p>True (A)</p> Signup and view all the answers

The Sewell Convention is not subject to judicial review.

<p>True (A)</p> Signup and view all the answers

The Council of Europe established the ECHR to protect human rights in 1950.

<p>True (A)</p> Signup and view all the answers

Devolution refers to the process where power is centralized in Westminster.

<p>False (B)</p> Signup and view all the answers

Appointment to the 2nd Chamber is considered the most democratic option.

<p>False (B)</p> Signup and view all the answers

Parliament possesses sovereignty as the representative of the People.

<p>True (A)</p> Signup and view all the answers

The Magna Carta was signed in 1215 as a result of a revolt by barons.

<p>True (A)</p> Signup and view all the answers

Simon de Montfort and De Montfort's Parliament is often considered the origin of the House of Commons.

<p>False (B)</p> Signup and view all the answers

The Act of Union 1707 resulted in the creation of the United Kingdom.

<p>True (A)</p> Signup and view all the answers

John Locke believed that governmental power should be centralized in the executive branch.

<p>False (B)</p> Signup and view all the answers

Albert Venn Dicey was a prominent constitutional theorist during the Victorian era.

<p>True (A)</p> Signup and view all the answers

According to Dicey's theory, the courts can challenge an Act of Parliament.

<p>False (B)</p> Signup and view all the answers

Bodin’s theory states that sovereignty is indivisible and cannot be shared.

<p>True (A)</p> Signup and view all the answers

The 2nd Chamber must be elected at the same time as the House of Commons.

<p>False (B)</p> Signup and view all the answers

Wade proposed that sovereignty must be a political fact.

<p>True (A)</p> Signup and view all the answers

The term 'Parliamentary supremacy' is synonymous with Parliamentary sovereignty.

<p>True (A)</p> Signup and view all the answers

The 2000 Royal Commission reached a consensus on how many members of the 2nd Chamber should be elected.

<p>False (B)</p> Signup and view all the answers

Civil War in England resulted in Charles I losing his power and being executed.

<p>True (A)</p> Signup and view all the answers

Flashcards

What is a Constitution?

A set of rules and institutions that establish the structure and powers of government, while also defining the relationship between the government and its citizens.

What is Constitutionalism?

A political doctrine emphasizing limitations on government power, separation of powers, and the protection of individual rights.

What is Separation of Powers?

A system of government where the power to make laws (Parliament), execute laws (Executive), and interpret laws (Judiciary) are held by separate and distinct bodies.

What is Liberal Constitutionalism?

A type of constitutionalism emphasizing individual rights and freedoms, free markets, and democratic principles.

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What is Transformative Constitutionalism?

A type of constitutionalism that emphasizes constant change and adaptation to new situations.

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What is Political Constitutionalism?

A type of constitutionalism where government power is primarily controlled through political processes, like elections and public opinion.

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What is Legal Constitutionalism?

A type of constitutionalism where government power is constrained primarily by legal rules and established laws.

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What is Parliamentary Sovereignty?

A political principle signifying the supreme power of Parliament to make or change any law.

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Selflessness

The principle that public officials should act in the public interest and not for their own private gain.

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Integrity

The principle that public officials should be honest and act with integrity.

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Objectivity

The principle that public officials should make decisions based on merit and not on personal bias or prejudice.

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Accountability

The principle that public officials should be accountable for their actions and decisions.

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Openness

The principle that public officials should be open and transparent in their work and decisions.

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Honesty

The principle that public officials should be honest and truthful in their dealings with others.

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Leadership

The principle that public officials should inspire and lead others by example.

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Uncodified Constitution: Evolution

The UK's constitution has gradually evolved over time, rather than being created by a single act.

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Uncodified Constitution: Unclear

The UK's constitution isn't clearly defined, making it difficult to interpret.

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Uncodified Constitution: Flexibility

The UK's constitution can be easily changed, as it is not fixed or entrenched.

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Codified Constitution

A formal written document outlining the structure and powers of the government, and often includes individual rights.

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Judicial Review

The US Supreme Court has the power to declare laws unconstitutional.

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Prerogative Powers

Powers held by the executive branch that are not explicitly granted by law, but are traditionally recognized.

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Prorogation

The process of formally ending a session of Parliament.

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House of Commons

The elected chamber of Parliament in the UK, composed of 650 Members of Parliament (MPs).

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Constitutional Statutes

Laws enacted to establish or refine fundamental elements of the UK's political system.

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Magna Carta

A document signed in 1215 that limited the King's power and granted certain rights to nobles, influencing later constitutional development.

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Bill of Rights (1689)

Enacted in 1689, it established key principles like freedom of speech and the right to a fair trial, solidifying Parliament's authority.

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Act of Union (1707)

The 1707 Act formally united the Kingdoms of England and Scotland, creating a single sovereign entity.

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Reform Acts

A series of reforms, notably in 1832, that expanded voting rights, increasing political participation.

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European Communities Act 1972

A legal framework for UK membership in the European Economic Community, enshrined in British law.

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Human Rights Act 1998

Passed in 1998, it incorporated the European Convention on Human Rights into British law, making it directly applicable in UK courts.

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Scotland Act 1998

Legislation that devolved certain powers to the Scottish Parliament, granting Scotland greater autonomy.

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Government of Wales Act 1998

Established a Welsh Assembly with devolved powers, granting Wales greater autonomy.

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UK Constitution

The fundamental principles and rules that govern the UK's political system, derived from various sources.

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Parliament

The British Parliament, with its two houses (the House of Commons and the House of Lords), holds supreme legislative power.

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Common Law

Legal traditions and precedents established by judges over time, forming a vital part of the UK's legal system.

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Conventions

Unwritten rules of political behavior, based on custom and practice, that are considered binding by political actors.

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Works of Authorities

Influential legal and political writings that provide interpretations and guidance on constitutional principles.

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Constitutional Monarchy

A system where the monarch is the head of state, but their power is limited by a constitution and Parliament.

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Parliamentary Sovereignty

The principle that Parliament is the supreme law-making body in the UK, with no entity (including the courts) able to override its laws.

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Government Subject to Law

The concept that the government is subject to the same laws as all citizens, no one is above the law.

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King's Speech

The King or Queen's speech outlining the government's legislative agenda during a new parliamentary session.

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Government Formation

The process of forming a government, usually by the party with a majority in the House of Commons.

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Financial Procedures

The procedures by which Parliament approves and allocates government spending.

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Enactment of Legislation

The process by which Parliament creates new laws.

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Scrutiny of Government

The role of Parliament in examining and holding the government accountable for its actions and decisions.

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Parliamentary Questions

Questions asked by MPs to ministers to seek clarification or information on government policies.

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Parliamentary Debates

Formal debates in Parliament where MPs discuss and scrutinize government policies.

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Parliamentary Select Committees

Committees of Parliament comprising MPs that investigate specific issues and hold the government to account.

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Joint Committees of Parliament

Committees formed from both the House of Commons and House of Lords to examine shared concerns.

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Parliamentary Privilege

A legal immunity enjoyed by MPs related to their parliamentary actions, offering protection from lawsuits based on what they say or do in Parliament.

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Criteria for becoming an MP

Being at least 18 years old and a citizen of the UK, a Commonwealth country, or Ireland.

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Voting in General Elections

The process of formally registering to vote in a particular constituency, allowing individuals to participate in general elections.

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Key Functions of the House of Lords

Two key functions of the House of Lords are legislation (making laws) and scrutiny (holding the executive accountable).

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Bicameral System

A system of government where the legislature consists of two chambers, in this case, the House of Commons and the House of Lords.

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Money Bills

Bills dealing with government spending or taxation, which the House of Lords can only delay for one month.

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Devolution in the UK

The power of the UK Parliament to delegate legislative authority to the Scottish Parliament, granting it power to make laws on certain matters within Scotland.

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Sewell Convention

A convention (unwritten agreement) that requires the UK government to consider the potential impact of legislation on Scotland, Wales, and Northern Ireland before passing it.

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The Scotland Act

The legal framework for the Scottish Parliament, outlining its powers and responsibilities. It allows the Parliament to legislate within its specified areas.

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Section 29 of the Scotland Act

A provision within the Scotland Act that defines the areas where the Scottish Parliament can make laws. This list of areas is called "the legislative competence".

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Section 32 of the Scotland Act

A mechanism within the Scotland Act that allows the UK Parliament to decide if a proposed law by the Scottish Parliament is within its legislative competence.

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The Human Rights Act 1998

A legal document that incorporates the European Convention on Human Rights into UK law, making it directly applicable in UK courts.

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Domestic Law (Constitutional Law)

The body of laws that govern the internal functioning of a country, including citizens' rights and the powers of its institutions and government.

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European Convention on Human Rights (ECHR)

A treaty signed by European countries (Council of Europe) in 1950, aiming to protect fundamental human rights and freedoms across its member states.

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The Principle of Legality

A principle where even general laws must be interpreted in a way that respects basic individual rights, unless explicitly stated otherwise.

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R v Secretary of State for the Home Department Ex parte Simms

A case where the court ruled that UK courts have a duty to interpret laws in a way that is consistent with the European Convention on Human Rights, and that the legislature can override this only explicitly.

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Malone v Metropolitan Police Commissioner & Malone v UK

A case where a British citizen's phone was bugged by police without legal justification, leading to the European Court of Human Rights ruling that the UK violated the right to privacy.

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Giving effect to judgments of the ECtHR

The idea that UK courts must follow judgments made by the European Court of Human Rights, even if it means changing UK law.

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Section 3 of the HRA

The HRA mandates UK courts to interpret laws in a way that is consistent with the ECHR. This means that courts can read laws in a way that 'stretches' their meaning.

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Ghaidan v Godin-Mendoza

A landmark case where the UK Supreme Court interpreted UK law concerning same-sex couples to be compatible with the European Convention on Human Rights, preventing discrimination on the grounds of sexual orientation.

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Parliamentary Sovereignty (PS)

The power of Parliament to make or change any law without legal limitations. This means courts cannot review the validity of Acts of Parliament, except for the limitation that Parliament cannot bind its future successors.

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Binding Successors

The ability of a sovereign body (e.g., Parliament) to restrict its own future powers, such as preventing future parliaments from repealing certain laws.

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Challenges to PS

Challenges to Parliamentary Sovereignty include questions about whether Parliament can limit its own power in areas like EU membership, devolution, human rights, and entrenchment.

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Entrenchment

A legal technique where a particular law is made more difficult to repeal or amend, often requiring a supermajority vote in Parliament.

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Implied vs. Express Repeal

A method of establishing a hierarchical structure within a legal system, where certain laws are considered more important than others.

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Devolution

The transfer of legislative power from the UK Parliament to devolved Parliaments in Scotland, Wales, and Northern Ireland.

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Human Rights

The legal and political framework that protects fundamental rights and freedoms. The UK has incorporated the European Convention on Human Rights (ECHR) into domestic law through the Human Rights Act 1998.

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S3 Interpretive Obligation

The legal obligation on judges to interpret legislation, whenever possible, in a way that is compatible with the rights protected by the Human Rights Act 1998.

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S4 Declaration of Incompatibility

A mechanism where a court can declare that a law is incompatible with the Human Rights Act 1998, but it does not automatically invalidate the law. It is up to Parliament to address the incompatibility.

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Judicial Challenges to PS

The question of whether the power of the courts to interpret and enforce law can act as a check on the power of Parliament.

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Rule of Law (RoL)

A central principle of constitutional law, stating that everyone is subject to the law, including the government. It also implies that the law should be applied equally and fairly.

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Proroguing Parliament

The process of suspending Parliament for a period of time, typically used to mark the end of a parliamentary session and prepare for a new one.

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Continuity Bills

Legislation intended to preserve the functionality of EU law within the UK legal system after Brexit. It gives ministers the power to change retained EU law to ensure continuity.

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Section 3 of the Human Rights Act 1998

The principle that courts, when interpreting legislation, should aim to ensure it is compatible with the European Convention on Human Rights (ECHR). It means courts may have to read legislation in a way that was not the original intention of Parliament.

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Limits of Section 3 Interpretation

A legal argument suggesting that courts should not be able to change the fundamental meaning of legislation, even to make it compatible with the ECHR. This argument emphasizes the role of Parliament in lawmaking.

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Interpreting Legislation in Ghaidan

The idea that even if the original intention of Parliament was to exclude same-sex couples, interpreting the legislation to include them is consistent with the overall purpose of the legislation.

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Fundamental Purpose of Legislation

In the `Ghaidan' case, the court determined that interpreting the law to include same-sex couples did not change the fundamental purpose of the legislation, but rather aligned it with the ECHR.

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Reading Down Legislation

Applying the principle of interpretation from `Ghaidan', the courts can read legislation in a way that is consistent with the European Convention on Human Rights, even if it differs from the original intention of Parliament.

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Human Rights Act and Bill of Rights

The debate surrounding the Human Rights Act (HRA) and its potential replacement by a 'Bill of Rights' highlights the ongoing tension between respecting democratic processes and ensuring the protection of fundamental rights.

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Intention of Parliament and Human Rights

The interpretation of legislation should be consistent with how a reasonable person would understand the law against its background, including the principle of respecting human rights.

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Future of Human Rights Law in the UK

The possibility of replacing the Human Rights Act (HRA) with a new 'Bill of Rights' raises crucial questions about how to balance the role of Parliament in lawmaking and the protection of individual rights.

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The Witan

A body of leading political figures, particularly powerful landowners, that existed in Anglo-Saxon England between the 8th and 11th centuries. It had a feudal structure and could vote to approve a new king if the line of succession was unclear.

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De Montfort's Parliament

Often seen as the origin of the House of Lords, it was a body established by Simon de Montfort, drawing members from all boroughs and shires in England. It functioned as a decision-making body after the king was defeated and captured in battle.

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Interregnum

The English Civil War led to this period of rule without a monarch (1649-1660). Oliver Cromwell became Lord Protector, ruling under the Instrument of Government.

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Glorious Revolution

This 17th-century revolution saw William of Orange and Mary take the throne, leading to important changes like the Bill of Rights, limiting the monarch's power.

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Act of Union

Signed in 1707, this Act united England (and Wales) with Scotland, creating the United Kingdom and ending the independent parliaments of England and Scotland.

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Bodin's theory of sovereignty

Jean Bodin's theory of sovereignty emphasizes a centralized, unchallengeable, and indivisible sovereign power above the law. The sovereign is not accountable to the people.

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Hobbes' theory of sovereignty

According to Thomas Hobbes, the sovereign holds all powers of modern government: legislative, executive, and judicial. These powers are centralized in the sovereign, not separated between different branches.

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Locke's theory of sovereignty

John Locke, unlike Hobbes, separates governmental power. He places emphasis on the legislative power as representative of the people, while limiting the executive (monarch) and highlighting the role of the judiciary.

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Albert Venn Dicey

A prominent constitutional theorist who defined parliamentary sovereignty as the right of Parliament to make or unmake any law, with no other body having the power to override its legislation.

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Legislative power of Parliament

Parliament's ability to pass or repeal any law, with the courts not having the authority to challenge its acts.

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Manner and form theory

Ivor Jennings developed the 'manner and form' theory. It states that parliamentary sovereignty is a legal doctrine, where Parliament's supremacy is ensured by following correct procedures in lawmaking.

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Wade's development

Wade's development of parliamentary sovereignty emphasizes its political reality, recognizing the strong bond between Parliament and the courts.

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Study Notes

Introduction to Constitutional Law

  • Parliament is the law-making body.
  • Executive enforces laws.
  • Judiciary interprets laws.
  • Constitution regulates government-individual relationships.
  • Constitutions can establish states, limit power, symbolize a nation's story, and even legitimize dictatorial regimes.
  • Factors leading to constitutions include social/economic crises, revolutions, regime collapses, wars, nation creation, and liberation from colonial rule. Constitutions can be created incrementally or evolve.
  • Constitutionalism emphasizes limits on state power, separation of powers, and individual rights.

Types of Constitutionalism

  • Liberal Constitutionalism: Prioritizes democracy, capitalism, individual liberty, equality, and private property. Elections, separation of powers, civil/political rights are key elements.
  • Transformative Constitutionalism: Focuses on constant change to suit new circumstances; adjudication is seen as political.
  • Political Constitutionalism: Limits on government power are primarily through political processes, actors, and Parliament.
  • Legal Constitutionalism: Emphasis relies on legal rules, along with political rules, customs, conventions, and traditions.

UK Constitution

  • Uncodified: No single document.
  • Flexible: Evolved over time.
  • Unitary State: Centralized government.
  • Monarchical: Formal head of state.
  • Parliamentary: Parliamentary system.
  • Democratic: Representative government.
  • Sources: Parliament, common law, conventions, and authoritative writings (like legal scholars' work).

Key Constitutional Principles

  • Parliamentary Sovereignty: Parliament's supreme power to make and unmake laws.
  • Rule of Law: Government is subject to the law.
  • Separation of Powers: Division of governmental power among different entities.

Constitutional Statutes (Examples)

  • Magna Carta (1215)
  • Bill of Rights (1689)
  • Act of Union (1707)
  • Reform Acts (1832)
  • European Communities Act (1972)
  • Human Rights Act (1998)
  • Scotland Act (1998)
  • Wales Act (1998)

Constitutional Conventions

  • Rules of political behavior: Generally accepted as binding, parallel social norms, rooted in established practice, and influential in UK governance.
  • Purposes: flexibility, accountability, and good governance.
  • Examples: ministerial responsibility, collective responsibility, judicial/ministerial restraint, and upholding the conventions surrounding the role of the monarch.

Conventions and the Law

  • Conventions aren't legally binding, but courts recognize their influence.
  • Madzimbamuto v Lardner-Burke case demonstrated that invalid legislation created by an illegal regime is not superior to Parliament's authority.

Prerogative Powers and Executive

  • Prerogative powers are discretionary powers held by the executive, often the monarch or prime minister, not established in law.
  • Examples: Royal Assent, appointment of prime minister, dissolution of Parliament, and awarding of honours.
  • Courts can restrict misuse of prerogative powers.
  • A-G v De Keyser’s Royal Hotel case demonstrated government limitations when using prerogative powers for requisitioning properties.
  • R v Secretary of State ex parte Fire Brigades Union case illustrated court intervention when executive power was abused.

Prorogation of Parliament

  • Prorogation temporarily suspends Parliament.
  • R (Miller) v The Prime Minister case established judicial review of prorogation power.

Parliament: Composition, Nature, Functions

  • Parliament is the UK's supreme legislative body, comprising the Monarch, House of Commons, and House of Lords.
  • House of Commons: Elected representatives.
  • House of Lords: Appointed members.
  • Monarchy: Integral part of Parliament, holds powers including Royal Assent and opening/dissolving Parliament.
  • Functions: Government formation, financial procedures, enactment of legislation, scrutiny of government.

Parliament: Scrutiny of the Executive

  • Parliament exercises checks on executive power through questions, debates, select committees, and other scrutiny mechanisms.
  • Select Committees: Examine various government departments and issues, such as economy, public health, education, and transport.
  • Parliamentary Privilege: Legal immunity protecting MPs for actions/statements within Parliament, but limited, as seen in R v Chaytor.

House of Commons (Membership Criteria)

  • Criteria: Minimum age, UK/Commonwealth/Irish citizenship, no legal incapacity, formal registration, and residency in a constituency.
  • Important cases: Fox v Stirk and Hipperson on voter residency and its definition in detail.

House of Lords (Membership and Functions)

  • Membership: Hereditary Peers, Lords Spiritual, and Life Peers.
  • Functions: Legislation and scrutiny of government actions.
  • Money Bills/Non-Money Bills: differing procedures for their passage through both Houses.
  • Criticisms & Reforms: Undemocratic nature, social unrepresentativeness, high member count, possible abolition, or reforms towards elected, appointed, or mixed models.

Parliamentary Sovereignty

  • Parliament's supremacy to make and repeal any law—not legally limited, but subject to political limitations.
  • Dicey's Theory: Parliament has unlimited legislative power, and courts have no power to review its acts – but Dicey also recognizes political context/social context limits.
  • Challenges: EU membership, devolution, and human rights have challenged sovereignty.
  • Constitutional statutes: Some acts are considered to have a higher status and influence the scope of constitutional powers.

Devolution

  • Devolution transferred legislative powers to regional parliaments (Scotland, Wales, Northern Ireland).
  • Sewell Convention: Guideline for UK Parliament's respect for devolved matters.
  • Continuity Bills: Ensured continuation of EU law, after Brexit, in UK Domestic Law,.

Human Rights

  • Human Rights Act (1998): Incorporated the European Convention on Human Rights into UK law.
  • Section 3 (Interpretive Obligation): Courts can interpret laws in accordance with Convention Rights, within statutory limitations.
  • Section 4 (Declaration of Incompatibility): Courts can issue declarations if a law is not compatible with Convention Rights, but law remains effective until Parliament changes it.
  • Judicial Role: Courts have become more involved in protecting and enforcing human rights under HRA and ECHR, particularly in the post-2000 era.
  • Key cases: Ghaidan v Godin-Mendoza showcased an innovative use of section 3 to determine whether a homosexual couple could claim statutory tenancy rights; Simms affirmed the principle of legality and limitations placed on Parliament by the courts – as they could only override common law and HRA principles within the correct/intended legal framework.

Judicial Challenges to Sovereignty

  • Jackson v AG case introduced discussions about limitations on Parliamentary Sovereignty.
  • Obiter statements from some judges alluded to the possibility of judicial review of Parliament's actions under various constitutional concepts.

USA – Judicial Lawmaking

  • U.S. Supreme Court can declare acts of Congress unconstitutional, like Marbury v. Madison case showed in 1803.
  • Examples include cases on racial segregation (Brown) and right of same-sex marriage (Obergefell).

Executive and Prerogative Powers

  • Executive implements and enforces laws, comprised of ministers, agencies, and civil servants.
  • Prerogative powers are non-statutory powers used by the executive.

UK Parliament

  • The British Parliament (with Monarch) as a whole enacts primary legislation in the form of Acts of Parliament, and Parliament includes the House of Commons and House of Lords.
  • It scrutinizes government activities, approves budgets, and has the ultimate power.

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Explore the fundamental principles of constitutional law including the roles of the parliament, executive, and judiciary. Discover various types of constitutionalism such as liberal and transformative, and understand how constitutions can shape a nation's legal framework. Test your knowledge on the evolution of constitutions and their impact on governance and individual rights.

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