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The Parliament is the body that interprets the law.
The Parliament is the body that interprets the law.
False
A constitution can establish a type of political order.
A constitution can establish a type of political order.
True
Transformative constitutionalism is focused on maintaining a static legal document.
Transformative constitutionalism is focused on maintaining a static legal document.
False
The UK constitution is characterized as uncodified and flexible.
The UK constitution is characterized as uncodified and flexible.
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Political constitutionalism restricts government power mainly through legal rules.
Political constitutionalism restricts government power mainly through legal rules.
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The principles of parliamentary sovereignty and the rule of law are key constitutional principles in the UK.
The principles of parliamentary sovereignty and the rule of law are key constitutional principles in the UK.
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One of the situations that could lead to a new constitution is a defeat in war.
One of the situations that could lead to a new constitution is a defeat in war.
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Legal constitutionalism focuses solely on the political processes to hold the government accountable.
Legal constitutionalism focuses solely on the political processes to hold the government accountable.
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Section 3 of the HRA may require a court to depart from the clear meaning of the legislation.
Section 3 of the HRA may require a court to depart from the clear meaning of the legislation.
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According to the content, Parliament retains the right to enact legislation that is fully compliant with Convention rights.
According to the content, Parliament retains the right to enact legislation that is fully compliant with Convention rights.
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The issues in the Ghaidan case were concluded to be questions of social policy better left to the Parliament.
The issues in the Ghaidan case were concluded to be questions of social policy better left to the Parliament.
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The interpretation of the statute in the Ghaidan case was aligned with the intention of Parliament from 1988.
The interpretation of the statute in the Ghaidan case was aligned with the intention of Parliament from 1988.
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Lord Millett suggested that Parliament intended for courts to adopt meanings inconsistent with the fundamental features of legislation.
Lord Millett suggested that Parliament intended for courts to adopt meanings inconsistent with the fundamental features of legislation.
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The Independent Human Rights Act Review's terms of reference included the possibility of replacing the HRA.
The Independent Human Rights Act Review's terms of reference included the possibility of replacing the HRA.
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John Major's position in 1996 indicates a focus on maintaining the existing Human Rights Act.
John Major's position in 1996 indicates a focus on maintaining the existing Human Rights Act.
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D Raab's proposed 'Modern Bill of Rights' aimed to overhaul the Human Rights Act.
D Raab's proposed 'Modern Bill of Rights' aimed to overhaul the Human Rights Act.
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The House of Lords can veto money bills.
The House of Lords can veto money bills.
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Members of the House of Commons must be at least 21 years old to stand for election.
Members of the House of Commons must be at least 21 years old to stand for election.
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Civil Servants are eligible to become Members of Parliament.
Civil Servants are eligible to become Members of Parliament.
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Parliamentary privilege offers protection against civil and criminal liability for actions taken within Parliament.
Parliamentary privilege offers protection against civil and criminal liability for actions taken within Parliament.
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Students living at their University addresses can register to vote at those addresses.
Students living at their University addresses can register to vote at those addresses.
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The House of Lords consists of only life peers.
The House of Lords consists of only life peers.
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Joint Committees of Parliament are composed of members from the same House.
Joint Committees of Parliament are composed of members from the same House.
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Parliamentary questions are one of the checks on the Government.
Parliamentary questions are one of the checks on the Government.
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A bill can be delayed by the House of Lords for up to two years.
A bill can be delayed by the House of Lords for up to two years.
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Members of the public can freely attend all parliamentary debates without restrictions.
Members of the public can freely attend all parliamentary debates without restrictions.
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The Monarch has the authority to open and dissolve Parliament.
The Monarch has the authority to open and dissolve Parliament.
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A unicameral system bases its parliament on two Houses.
A unicameral system bases its parliament on two Houses.
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The UK Parliament must approve the cost increase of a TV license.
The UK Parliament must approve the cost increase of a TV license.
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Life peerages can be inherited by the children of life peers.
Life peerages can be inherited by the children of life peers.
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The Magna Carta was established in the year 1215.
The Magna Carta was established in the year 1215.
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The Bill of Rights was enacted in 1769.
The Bill of Rights was enacted in 1769.
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The Act of Union was passed in 1702.
The Act of Union was passed in 1702.
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Parliament is one of the four sources of the UK Constitution.
Parliament is one of the four sources of the UK Constitution.
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Ministers are not required to support government policy if they disagree in public.
Ministers are not required to support government policy if they disagree in public.
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The Government of Wales Act was implemented in 1998.
The Government of Wales Act was implemented in 1998.
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The principles of collective ministerial responsibility allow ministers to publicly criticize each other's views.
The principles of collective ministerial responsibility allow ministers to publicly criticize each other's views.
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The Sewel Convention grants Scotland and Northern Ireland a veto over Brexit.
The Sewel Convention grants Scotland and Northern Ireland a veto over Brexit.
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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.
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.
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Judges can criticize government policy according to established conventions.
Judges can criticize government policy according to established conventions.
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The collective responsibility of ministers is intended to promote governmental efficiency.
The collective responsibility of ministers is intended to promote governmental efficiency.
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Resignation from Ministerial Office is a common occurrence following incompetence.
Resignation from Ministerial Office is a common occurrence following incompetence.
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Conventions hold government accountable and regulate relations in Parliament.
Conventions hold government accountable and regulate relations in Parliament.
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The Human Rights Act was established in 1988.
The Human Rights Act was established in 1988.
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The UK constitution is inflexible and permanently entrenched.
The UK constitution is inflexible and permanently entrenched.
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The principle of selflessness is one of the seven principles of public life.
The principle of selflessness is one of the seven principles of public life.
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A codified constitution is easier to amend than an uncodified constitution.
A codified constitution is easier to amend than an uncodified constitution.
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Judicial review allows the US Supreme Court to declare laws unconstitutional.
Judicial review allows the US Supreme Court to declare laws unconstitutional.
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The Royal Assent is a prerogative power that requires parliamentary approval.
The Royal Assent is a prerogative power that requires parliamentary approval.
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The House of Commons is composed of appointed members known as peers.
The House of Commons is composed of appointed members known as peers.
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In the case of Brown v. Board of Education, racial segregation was upheld as constitutional.
In the case of Brown v. Board of Education, racial segregation was upheld as constitutional.
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Prorogation temporarily suspends all parliamentary business.
Prorogation temporarily suspends all parliamentary business.
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The Executive branch is responsible for creating laws.
The Executive branch is responsible for creating laws.
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The US Constitution guarantees a right to abortion.
The US Constitution guarantees a right to abortion.
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Integrity is one of the seven principles of public life.
Integrity is one of the seven principles of public life.
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Prerogative powers are explicitly granted by law.
Prerogative powers are explicitly granted by law.
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The Monarch plays no role in the legislation process.
The Monarch plays no role in the legislation process.
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Obergefell v. Hodges confirmed the right to same-sex marriage in the United States.
Obergefell v. Hodges confirmed the right to same-sex marriage in the United States.
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The Human Rights Act 1998 allows individuals to defend their rights in UK courts.
The Human Rights Act 1998 allows individuals to defend their rights in UK courts.
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The European Court of Human Rights is located in Paris.
The European Court of Human Rights is located in Paris.
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Parliamentary sovereignty means that Parliament can legislate without any legal limitations.
Parliamentary sovereignty means that Parliament can legislate without any legal limitations.
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Parliamentary sovereignty means that Parliament cannot legislate against fundamental principles of human rights.
Parliamentary sovereignty means that Parliament cannot legislate against fundamental principles of human rights.
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The courts have the power to bind Parliament's successors.
The courts have the power to bind Parliament's successors.
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Common law evolves strictly through written statutes and regulations.
Common law evolves strictly through written statutes and regulations.
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All Acts of Parliament have the same status under constitutional statutes.
All Acts of Parliament have the same status under constitutional statutes.
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Article 8 of the European Convention on Human Rights protects the right to privacy.
Article 8 of the European Convention on Human Rights protects the right to privacy.
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The Human Rights Act 1998 is an example of a constitutional statute.
The Human Rights Act 1998 is an example of a constitutional statute.
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The Interception of Communications Act 1985 was established to regulate phone tapping by police in the UK.
The Interception of Communications Act 1985 was established to regulate phone tapping by police in the UK.
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The Prerogative powers can be used to change a statute directly.
The Prerogative powers can be used to change a statute directly.
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The Sewell convention limits Westminster’s legislative power.
The Sewell convention limits Westminster’s legislative power.
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The principle of legality requires Parliament to confront the implications of its legislation regarding citizens' rights.
The principle of legality requires Parliament to confront the implications of its legislation regarding citizens' rights.
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Miller case concerns were primarily about the legality of Brexit itself.
Miller case concerns were primarily about the legality of Brexit itself.
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Entrenchment refers to the idea that some laws cannot be easily repealed or amended.
Entrenchment refers to the idea that some laws cannot be easily repealed or amended.
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Ghaidan v Godin-Mendoza dealt with the rights of heterosexual couples only.
Ghaidan v Godin-Mendoza dealt with the rights of heterosexual couples only.
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The Human Rights Act 1998 obliges UK courts to interpret legislation in a way that aligns with Convention rights where possible.
The Human Rights Act 1998 obliges UK courts to interpret legislation in a way that aligns with Convention rights where possible.
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Legislative competence refers to the power of Parliament to legislate on reserved matters only.
Legislative competence refers to the power of Parliament to legislate on reserved matters only.
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Jackson v AG determined that the Rule of Law may be superior to Parliamentary sovereignty.
Jackson v AG determined that the Rule of Law may be superior to Parliamentary sovereignty.
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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.
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.
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The ECHR operates independently of international law considerations.
The ECHR operates independently of international law considerations.
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Prorogation of Parliament is an exercise of Legislative power.
Prorogation of Parliament is an exercise of Legislative power.
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Malone v Metropolitan Police Commissioner highlighted privacy rights under UK common law.
Malone v Metropolitan Police Commissioner highlighted privacy rights under UK common law.
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Continuity Bills allowed for the ongoing application of retained EU law after Brexit.
Continuity Bills allowed for the ongoing application of retained EU law after Brexit.
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The Sewell Convention is not subject to judicial review.
The Sewell Convention is not subject to judicial review.
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The Council of Europe established the ECHR to protect human rights in 1950.
The Council of Europe established the ECHR to protect human rights in 1950.
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Devolution refers to the process where power is centralized in Westminster.
Devolution refers to the process where power is centralized in Westminster.
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Appointment to the 2nd Chamber is considered the most democratic option.
Appointment to the 2nd Chamber is considered the most democratic option.
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Parliament possesses sovereignty as the representative of the People.
Parliament possesses sovereignty as the representative of the People.
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The Magna Carta was signed in 1215 as a result of a revolt by barons.
The Magna Carta was signed in 1215 as a result of a revolt by barons.
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Simon de Montfort and De Montfort's Parliament is often considered the origin of the House of Commons.
Simon de Montfort and De Montfort's Parliament is often considered the origin of the House of Commons.
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The Act of Union 1707 resulted in the creation of the United Kingdom.
The Act of Union 1707 resulted in the creation of the United Kingdom.
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John Locke believed that governmental power should be centralized in the executive branch.
John Locke believed that governmental power should be centralized in the executive branch.
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Albert Venn Dicey was a prominent constitutional theorist during the Victorian era.
Albert Venn Dicey was a prominent constitutional theorist during the Victorian era.
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According to Dicey's theory, the courts can challenge an Act of Parliament.
According to Dicey's theory, the courts can challenge an Act of Parliament.
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Bodin’s theory states that sovereignty is indivisible and cannot be shared.
Bodin’s theory states that sovereignty is indivisible and cannot be shared.
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The 2nd Chamber must be elected at the same time as the House of Commons.
The 2nd Chamber must be elected at the same time as the House of Commons.
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Wade proposed that sovereignty must be a political fact.
Wade proposed that sovereignty must be a political fact.
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The term 'Parliamentary supremacy' is synonymous with Parliamentary sovereignty.
The term 'Parliamentary supremacy' is synonymous with Parliamentary sovereignty.
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The 2000 Royal Commission reached a consensus on how many members of the 2nd Chamber should be elected.
The 2000 Royal Commission reached a consensus on how many members of the 2nd Chamber should be elected.
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Civil War in England resulted in Charles I losing his power and being executed.
Civil War in England resulted in Charles I losing his power and being executed.
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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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Description
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.
