UK Constitutional Conventions and Parliament
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Questions and Answers

Who appoints the Prime Minister in the United Kingdom?

  • The Prime Minister's party members
  • The Parliament
  • The Sovereign (correct)
  • The Cabinet

What circumstance does NOT allow for the dissolution of Parliament according to the Lascelles Principles?

  • The Prime Minister requests a dissolution
  • A general election would negatively impact the national economy
  • The existing Parliament is incapable of performing its duties
  • The current Parliament is still vital and viable (correct)

In which situation might the Sovereign refuse to grant a dissolution of Parliament?

  • When the existing Parliament is fully functioning (correct)
  • When a new party leadership election is imminent
  • When the Prime Minister no longer has the confidence of the House of Commons
  • When there is a hung Parliament

What triggers a general election in the context of Parliament dissolution?

<p>The Prime Minister requests a dissolution from the King (C)</p> Signup and view all the answers

What is the maximum duration of a Parliament before it must be dissolved, assuming there is no dissolution request?

<p>5 years (A)</p> Signup and view all the answers

What is the primary significance of constitutional conventions?

<p>They dictate the behavior of constitutional figures. (C)</p> Signup and view all the answers

Which of the following is an example of a cardinal convention?

<p>Individual Responsibility (C)</p> Signup and view all the answers

What does Dicey refer to constitutional conventions as?

<p>Rules of political morality (D)</p> Signup and view all the answers

Which of the following is NOT a benefit of constitutional conventions?

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

Which of the following questions is NOT part of Sir Ivor Jennings' key criteria for creating a convention?

<p>Public support of the rule (B)</p> Signup and view all the answers

What is the Jennings Test used for in the context of conventions?

<p>To determine bottom-up conventions (D)</p> Signup and view all the answers

What is a significant drawback of constitutional conventions?

<p>They can evolve or become obsolete. (B)</p> Signup and view all the answers

The Sewel Convention requires Westminster to seek consent from which group before altering devolved matters?

<p>Devolved legislatures (D)</p> Signup and view all the answers

What is the supreme authority within the US legal system?

<p>The codified constitutional document (C)</p> Signup and view all the answers

What is required to amend the US Constitution?

<p>75% of states and 2/3 of each house of Congress (D)</p> Signup and view all the answers

What role does the Supreme Court serve in the context of the US Constitution?

<p>It is the ultimate interpreter and can invalidate unconstitutional actions (D)</p> Signup and view all the answers

Which statement correctly describes the federal system as it exists in the US?

<p>It divides authority between federal and state governments, each with distinct responsibilities (D)</p> Signup and view all the answers

What is emphasized in the UK’s political constitution?

<p>The role of political processes and events in shaping constitutional norms (A)</p> Signup and view all the answers

How is the head of state characterized in the United States?

<p>As directly or indirectly elected, with executive powers (D)</p> Signup and view all the answers

What principle allows states to manage local issues in the US federal system?

<p>10th Amendment reserving unallocated powers (D)</p> Signup and view all the answers

In the context of separation of powers, how is the executive branch characterized?

<p>It is fully independent and separate in both function and personnel (D)</p> Signup and view all the answers

What fundamental constitutional principles should guide the exercise of reserve powers by the head of state?

<p>Responsible government, representative government, rule of law, separation of powers (B)</p> Signup and view all the answers

Which legislation regulates the ratification of treaties in the UK?

<p>Constitutional Reform and Governance Act 2010 (D)</p> Signup and view all the answers

How can prerogative powers be regulated?

<p>By constitutional conventions, legislation, and courts (D)</p> Signup and view all the answers

What is a requirement for a treaty to be ratified by the government according to the Constitutional Reform and Governance Act?

<p>The treaty must be laid before both Houses for 21 sitting days (B)</p> Signup and view all the answers

What was the traditional view of the courts regarding the review of prerogative powers?

<p>They were completely excluded from any review (A)</p> Signup and view all the answers

In which case did the court suggest that a board can be subject to judicial review regarding its administrative decisions?

<p>R v Criminal Injuries Compensation Board, ex p Lain (1967) (B)</p> Signup and view all the answers

What can be a result if the House of Commons does not pass a second motion against the ratification of a treaty?

<p>The government can proceed with the ratification of the treaty (D)</p> Signup and view all the answers

What scenario regarding Boris Johnson was considered in 2022 concerning inappropriate requests?

<p>Request to dissolve parliament (B)</p> Signup and view all the answers

What is the significance of Dicey’s orthodox theory regarding Parliament's authority?

<p>Parliament can repeal existing laws without any restrictions. (D)</p> Signup and view all the answers

What does the Parliament Act 1949 allow concerning the House of Commons (HOC)?

<p>The HOC can proceed with legislation if the HOL delays a bill for over a year. (A)</p> Signup and view all the answers

Which statement describes a crucial reform enacted by the House of Lords (HOL) Act 1999?

<p>It reduced the number of Hereditary Peers and increased Life Peers. (D)</p> Signup and view all the answers

In the context of the UK dualist legal system, what is required for an international treaty to have legal force domestically?

<p>The treaty must be incorporated by Parliament. (B)</p> Signup and view all the answers

What argument was raised in R (Jackson) v Attorney-General regarding the Parliament Act 1911?

<p>It formed a new process for delegated legislation rendering it non-primacy. (C)</p> Signup and view all the answers

Which feature is crucial to the relationship between the UK Parliament and international law?

<p>Parliament is tasked with incorporating treaties into domestic law. (C)</p> Signup and view all the answers

What does it mean that Parliament cannot bind its successors?

<p>New Parliaments can repeal laws passed by predecessors. (C)</p> Signup and view all the answers

Which statement best captures the essence of Parliament’s extensive law-making powers?

<p>Parliament has absolute power to legislate without any limitations. (A)</p> Signup and view all the answers

What must be shown for the court to intervene in the prorogation of Parliament?

<p>The prorogation must have a serious effect on Parliament's functions. (C)</p> Signup and view all the answers

Which act limits the courts' ability to question the decision to dissolve Parliament?

<p>Dissolution and Calling of Parliament Act 2022 (B)</p> Signup and view all the answers

What is a primary criticism of executive actions under prerogative powers?

<p>They may lack democratic legitimacy. (C)</p> Signup and view all the answers

What historical document is referenced regarding the foundation of prerogative powers?

<p>The Bill of Rights 1689 (C)</p> Signup and view all the answers

How are prerogative powers increasingly being regulated?

<p>Through statutory regulation or abolition. (B)</p> Signup and view all the answers

What aspect of government is cited as a distinguishing feature of the British Constitution?

<p>The existence of ancient prerogatives of the Crown. (D)</p> Signup and view all the answers

Which legal case is mentioned as relevant to the regulation of prerogative powers?

<p>R (Miller) v Prime Minister (A), GCHQ case (C)</p> Signup and view all the answers

What is the implication of the claim that prerogative powers are contrary to the rule of law?

<p>They bypass democratic processes. (B)</p> Signup and view all the answers

Flashcards

Supreme Constitution

The highest legal authority in a country, defining the structure and powers of government. In the US, it's a written document enforced by the Supreme Court.

Federal System

A system where power is divided between national and regional governments, with each having distinct responsibilities. The US is an example.

Full Separation of Powers

Complete separation of the executive, legislative, and judicial branches, with each having distinct roles and personnel. The US has this system.

Republican Head of State

A system where the head of state is directly or indirectly elected, often referred to as a president. This is common in countries like the US, France, Ireland, and Germany.

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Legal & Political Constitution (UK)

The UK's constitution is formed by a combination of written laws, legal principles, and unwritten norms. It evolves through political processes and judicial decisions.

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Legal Constitution

A set of legal rules and principles, often codified, that defines and limits the power of the state. It's enforced by institutions like parliament, the executive, and courts.

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Political Constitution

The influence of political events and processes on the development of constitutional norms, especially in countries with uncodified constitutions like the UK.

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Judicial Review

A legal process that allows the highest court (e.g., Supreme Court) to invalidate any government action exceeding the limits set by the constitution, protecting constitutional provisions.

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Parliamentary Sovereignty: Positive Limb

Parliament can create or abolish any law on any topic without legal limits.

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Parliamentary Sovereignty: Negative Limb

No individual or institution can overrule or modify a law passed by Parliament.

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Parliamentary Sovereignty: Unbound

Parliament cannot be bound by its previous decisions or restrict the authority of future Parliaments.

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Parliament's Ability to Change Itself

Parliament has the power to change how it functions, including its composition and legislative processes.

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Parliament Act 1911

The Parliament Act 1911 established a new procedure allowing the House of Commons to enact laws without the House of Lords' agreement if the House of Lords delays a bill for over a year.

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Dualist Legal System

The UK follows a dualist legal system, meaning international treaties require Parliament's approval to become part of domestic law.

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Human Rights Act 1998

The UK signed the European Convention on Human Rights in 1951, but it only became enforceable in UK courts after the Human Rights Act 1998 incorporated it into domestic law.

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House of Lords Act 1999

The House of Lords Act 1999 reformed the House of Lords, reducing hereditary peers and increasing the number of life peers.

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Constitutional Conventions

Rules of political custom and practice, not legally binding but holding great political importance.

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Purpose of Conventions

These conventions ensure the smooth and flexible operation of the constitution by setting expectations for the behavior of key constitutional figures.

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Jennings Test

A test to determine whether a new practice has become a convention. It involves examining past precedents, the actors' belief in being bound by the rule, and the rationale behind it.

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Cardinal Conventions

Conventions that limit the personal or reserve powers of the monarch.

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Individual Responsibility Convention

A minister must resign if they have committed misconduct.

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Collective Responsibility Convention

Cabinet ministers must publicly support the government's policies, even if they have personal disagreements, and resign if they cannot.

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Sewel Convention

Westminster must obtain consent from devolved legislatures before legislating on devolved matters or changing their powers.

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Creation of Conventions

Conventions can emerge from political agreements or established practices that become binding through repeated use, acceptance, and recognition by those involved.

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Appointment of the Prime Minister (UK)

The process by which the Prime Minister of the United Kingdom is appointed. It involves the King exercising a personal prerogative power, considering the ability of the proposed PM to command confidence in the House of Commons, and typically appointing the leader of the party forming the government.

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Hung Parliament (UK)

A situation in the House of Commons where no single political party holds a majority of seats, leading to uncertainty about who can form a government. It requires negotiations and compromises to establish a stable administration.

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Confidence of the House of Commons (UK)

A situation in the United Kingdom where a Prime Minister can only remain in office as long as they retain the confidence of the House of Commons. This means that the government can be dissolved if it loses a vote of no confidence.

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Dissolution of Parliament (UK)

The power of the British monarch to dissolve Parliament and trigger a general election. This power was previously absolute but is now subject to certain limitations and is exercised at the request of the Prime Minister.

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Lascelles Principles (UK)

A set of principles governing the circumstances under which the British monarch may refuse a Prime Minister's request to dissolve Parliament. These principles, outlined in a letter to the Times in 1950, stem from a concern about the stability and potential harm to the national economy of an unnecessary general election.

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Prerogative Power

The power of the monarch to act on their own initiative, without the need for parliamentary approval, based on long-standing traditions.

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Legislation and Prerogative Power

Acts of Parliament that can either abolish or regulate how prerogative powers are exercised.

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Judicial Review of Prerogative Power

A type of legal challenge where courts can review exercise of a prerogative power to ensure it aligns with the constitution.

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Courts' Lack of Power (Historically)

A legal principle that traditionally prevented courts from reviewing exercise of prerogative power, deemed to be a matter for the monarch.

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R v Criminal Injuries Compensation Board, ex p Lain (1967)

A landmark case that challenged the traditional view and recognized the possibility of judicial review of prerogative actions, paving the way for greater scrutiny.

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Ratification of Treaties (UK)

The process of legally formalizing a treaty between the UK and another country, requiring parliamentary approval before implementation.

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Treaty Ratification Process (UK)

A legal mechanism for Parliament to scrutinize treaty ratification, ensuring that both houses are fully involved in the process.

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Prerogative Power: Dissolution Of Parliament

A power held by the Crown to dissolve Parliament, ending its term and triggering a general election.

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Prerogative Power: Prorogation of Parliament

A power held by the Crown to suspend or halt the activities of Parliament for a limited period.

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The Modern Power of Government

The principle that the government only holds the powers granted by a written constitution or legislature, unlike the UK where the Crown retains some ancient powers.

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Reform or Abolition of Prerogative Powers

The process of limiting or abolishing prerogative power through various means, revealing a shift towards more democratic processes.

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Prerogative Power and the Rule of Law

The principle that prerogative power should align with the rule of law, requiring justification and democratic oversight.

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Statutory Regulation of Prerogative Powers

The growing practice of regulating prerogative powers through legislation, reducing arbitrariness and increasing parliamentary control.

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Study Notes

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Description

Test your knowledge on the intricacies of UK constitutional conventions and the functioning of Parliament. This quiz covers key principles such as the dissolution of Parliament, the significance of conventions, and notable examples like the Sewel Convention. Ideal for students of political science or law.

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