Week 1: Constitutional Law
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Questions and Answers

What must legislation be compatible with?

  • Public opinion
  • Judicial precedents
  • The constitution (correct)
  • International law

    • Which article is directly related to the right to privacy?

  • Article 8 (correct)
  • Article 10
  • Article 12
  • Article 5

    • What was a consequence of the War on Terrorism regarding police powers?

  • Expansion of stop and search powers (correct)
  • Reduction of police budget
  • Imposition of curfews
  • Increase in public protests

    • What did journalists experience when subjected to police powers?

    <p>Random halts and searches</p> Signup and view all the answers

    What was seen as excessive force by the police?

    <p>Random stop-and-search without cause</p> Signup and view all the answers

    What primary function has been taken away from the monarchs in a constitutional regime?

    <p>Conquering territories</p> Signup and view all the answers

    What is the main role of the judiciary in the context of constitutional law?

    <p>Interpreting legislation</p> Signup and view all the answers

    Which doctrine states that no one is above the law?

    <p>Rule of law</p> Signup and view all the answers

    In the UK, what type of law primarily governs the actions of the government?

    <p>Public law</p> Signup and view all the answers

    What distinguishes constitutional law from administrative law?

    <p>Administrative law involves legal principles and mechanisms</p> Signup and view all the answers

    What is the role of the House of Lords in the legislative process?

    <p>Debating legislation proposed by the House of Commons</p> Signup and view all the answers

    What is a significant characteristic of the UK constitution?

    <p>It is unentrenched and uncodified</p> Signup and view all the answers

    Why is an accountable government crucial in a democracy?

    <p>To hold power over budget spending and public services</p> Signup and view all the answers

    Which of the following best defines public law?

    <p>A body of law regulating the state’s control over public services</p> Signup and view all the answers

    Which principle is NOT a key aspect of public law?

    <p>Arbitrary enforcement of laws</p> Signup and view all the answers

    What formal role does the monarch hold in the UK's devolved governments?

    <p>Acting as the formal head of the devolved governments</p> Signup and view all the answers

    What function does the Prime Minister serve in the government?

    <p>Initiating and formulating government policies</p> Signup and view all the answers

    How does the rule of law ensure equality before the law?

    <p>By instituting laws that are applied equally to all individuals</p> Signup and view all the answers

    What is the primary principle of parliamentary sovereignty in the UK?

    <p>Parliament can create laws on any matter it chooses</p> Signup and view all the answers

    Which of the following accurately describes legal sovereignty in the context of the UK Parliament?

    <p>Judges must interpret laws according to parliamentary intent</p> Signup and view all the answers

    What does the principle of no legal limit on legislative competence mean for Parliament?

    <p>Parliament can legislate on any issue</p> Signup and view all the answers

    How do the Parliament Acts of 1911 and 1949 reinforce the supremacy of Parliament?

    <p>By enabling the House of Commons to bypass House of Lords decisions</p> Signup and view all the answers

    Which aspect of parliamentary sovereignty allows Parliament to respond to societal changes?

    <p>The lack of a written constitution</p> Signup and view all the answers

    In the context of parliamentary sovereignty, what is meant by political sovereignty?

    <p>The influence of public opinion on legislation</p> Signup and view all the answers

    Which of the following is NOT a characteristic of parliamentary sovereignty?

    <p>There is a separation of powers between branches of government</p> Signup and view all the answers

    Why is parliamentary sovereignty considered essential within the UK constitutional framework?

    <p>It demonstrates the will of the people through elected representatives</p> Signup and view all the answers

    What principle highlights the relationship between the electorate and Parliament's authority?

    <p>Political sovereignty</p> Signup and view all the answers

    Which case required parliamentary approval before the government could take a significant constitutional action?

    <p>R (Miller) v Secretary of State for Exiting the European Union</p> Signup and view all the answers

    What is a characteristic of the relationship between Parliament and conventions?

    <p>Conventions reflect political realities without legally constraining Parliament.</p> Signup and view all the answers

    How can the presence of a parliamentary majority affect legislative scrutiny?

    <p>It can lead to a decrease in scrutiny and debate due to party loyalty.</p> Signup and view all the answers

    What role do parliamentary committees serve in relation to the executive?

    <p>They enhance scrutiny of government actions and expenditures.</p> Signup and view all the answers

    What principle underscores the need for Parliament to remain distinct from the executive branch?

    <p>Separation of powers</p> Signup and view all the answers

    Which convention acknowledges the role of devolved governments in legislative matters?

    <p>Sewel Convention</p> Signup and view all the answers

    What impact does collective ministerial responsibility have on MPs?

    <p>It enforces unanimous support for all government policies among ministers.</p> Signup and view all the answers

    What is a significant limitation of Parliamentary independence?

    <p>The influence of political party dominance</p> Signup and view all the answers

    What does the principle of parliamentary sovereignty entail?

    <p>Parliament's authority is based on the will of the people.</p> Signup and view all the answers

    Which statement best describes the House of Lords' role?

    <p>It acts as a revising chamber that scrutinizes legislation.</p> Signup and view all the answers

    How does the judicial system interact with parliamentary sovereignty?

    <p>Judges interpret and enforce laws established by Parliament.</p> Signup and view all the answers

    In what way do conventions affect the legislative process?

    <p>They provide informal guidelines that can influence parliamentary actions.</p> Signup and view all the answers

    What is an example of how the government can be held accountable by Parliament?

    <p>Via parliamentary committees that scrutinize government actions.</p> Signup and view all the answers

    What was one of the main effects of the Human Rights Act 1998 on the judiciary?

    <p>It enabled courts to review legislation based on human rights standards.</p> Signup and view all the answers

    Which case highlighted the conflict between UK legislation and EU law in the context of human rights?

    <p>R (Factortame Ltd) v Secretary of State for Transport (No 2)</p> Signup and view all the answers

    What does Section 4 of the Human Rights Act allow courts to issue?

    <p>A declaration of incompatibility.</p> Signup and view all the answers

    In which case did the Supreme Court rule on the Ministry of Defence's policy regarding claims for personal injury in combat situations?

    <p>R (Smith) v Secretary of State for Defence</p> Signup and view all the answers

    What is a consequence of the introduction of the Human Rights Act concerning parliamentary authority?

    <p>Legislation must be compatible with human rights obligations.</p> Signup and view all the answers

    What was the role of the courts as established by the Human Rights Act?

    <p>To ensure legislation conforms to human rights standards.</p> Signup and view all the answers

    What did the declaration of incompatibility in A and others v Secretary of State for the Home Department highlight?

    <p>An incompatibility between legislation and ECHR standards.</p> Signup and view all the answers

    Which article of the ECHR is primarily associated with the right to a fair trial?

    <p>Article 6</p> Signup and view all the answers

    How has the Human Rights Act impacted the relationship between Parliament and the judiciary?

    <p>It has complicated the balance of power between the two.</p> Signup and view all the answers

    What is the primary purpose of Section 3 of the Human Rights Act?

    <p>To ensure laws are interpreted in a way that is human rights compliant.</p> Signup and view all the answers

    What does the term 'parliamentary supremacy' refer to in the context of the UK legal system?

    <p>Parliament's authority to legislate free from any constraints.</p> Signup and view all the answers

    What was the outcome of the R (Factortame Ltd) v Secretary of State for Transport (No 2) case?

    <p>An injunction was granted permitting compensation claims against the UK government.</p> Signup and view all the answers

    What does the HRA empower individuals to do in the context of human rights violations?

    <p>Seek redress for human rights violations in domestic courts.</p> Signup and view all the answers

    What is the principle of parliamentary sovereignty concerned with?

    <p>The supremacy of Parliament in the legal order</p> Signup and view all the answers

    How does the Thoburn case influence the understanding of parliamentary sovereignty?

    <p>It asserts that constitutional Acts are superior to ordinary Acts</p> Signup and view all the answers

    What did the R (Allister) v Lord Chancellor case confirm regarding legislative provisions?

    <p>They require higher scrutiny if they alter fundamental rights</p> Signup and view all the answers

    What role do constitutional Acts play in the UK legal system?

    <p>They fundamentally shape the legal and political landscape</p> Signup and view all the answers

    What is necessary for the repeal of a constitutional Act according to the discussions in Thoburn?

    <p>Any new legislation must clarify its intent</p> Signup and view all the answers

    How does the Human Rights Act 1998 impact parliamentary supremacy?

    <p>It strengthens the authority of the courts over legislation</p> Signup and view all the answers

    What implications does distinguishing between ordinary and constitutional Acts have for the legislative process?

    <p>It fosters stability and protects fundamental rights</p> Signup and view all the answers

    Which of the following is an example of a constitutional Act in the UK?

    <p>The European Communities Act 1972</p> Signup and view all the answers

    Why is there a need for a higher standard of clarity in legislation affecting constitutional Acts?

    <p>To safeguard fundamental rights and principles</p> Signup and view all the answers

    What does the concept of parliamentary sovereignty imply about Acts of Parliament?

    <p>All Acts are equal in status</p> Signup and view all the answers

    What did the Thoburn case suggest about implied repeal of constitutional Acts?

    <p>They need a more explicit form of repeal</p> Signup and view all the answers

    Which of the following best summarizes the conclusion regarding the distinction between ordinary and constitutional Acts?

    <p>There exists a hierarchy that affects legislative changes</p> Signup and view all the answers

    What does the UK legal framework seek to protect by distinguishing constitutional Acts?

    <p>Fundamental rights and principles</p> Signup and view all the answers

    What is the effect of initiatives like the Backbench Business Committee on Parliament?

    <p>They enhance representation for constituents.</p> Signup and view all the answers

    What aspect of Parliament's independence is influenced by the dual roles of MPs?

    <p>It limits Parliament's ability to scrutinise effectively.</p> Signup and view all the answers

    Which case exemplified Parliament's need to be consulted before triggering Article 50?

    <p>The Miller case</p> Signup and view all the answers

    What is a key characteristic of legal entrenchment?

    <p>It has specific higher thresholds for amendments.</p> Signup and view all the answers

    What best describes political entrenchment?

    <p>It relies on consensus and established norms.</p> Signup and view all the answers

    What is a potential risk associated with political entrenchment?

    <p>Disregard for established norms.</p> Signup and view all the answers

    What is a primary function of legal entrenchment?

    <p>To secure certain laws from arbitrary changes.</p> Signup and view all the answers

    Which of these is a consequence of having a politically entrenched system?

    <p>Enhanced political stability through consensus.</p> Signup and view all the answers

    How do legal and political entrenchment differ fundamentally?

    <p>Legal entrenchment involves codified laws; political relies on norms.</p> Signup and view all the answers

    Which mechanism primarily protects citizens' rights against arbitrary changes?

    <p>Legal entrenchment through formal processes.</p> Signup and view all the answers

    Why is entrenchment important in a constitutional framework?

    <p>It maintains stability and integrity of laws.</p> Signup and view all the answers

    What is likely to happen if a governing party disregards political entrenchment?

    <p>Erosion of political stability.</p> Signup and view all the answers

    What does the concept of entrenchment safeguard against?

    <p>Changes to constitutional provisions based on shifts in public opinion.</p> Signup and view all the answers

    Study Notes

    Week 1: Constitutional Law

    • Constitutional Compatibility: Legislation must align with constitutional principles, specifically regarding criminal law, sentencing, and economic policy. Constitutional courts assess compatibility.

    • Human Rights Challenges: Policies can be challenged if violating human rights (e.g., Article 5 - freedom, Article 8 - privacy). The "War on Terrorism" policy's extensive stop-and-search powers was deemed excessive and violated rights.

    • Constitutional Monarchy: The UK's executive, parliament, and judiciary operate under the monarch. Monarch's powers are significantly diminished.

    • Constitutional Regulation: The constitution effectively regulates the monarch's powers, confining them to largely symbolic roles like head-of-state and church.

    • State Accountability: Ensured through the monarch, government (executive), parliament (legislative), courts (judicial), and citizens with civic duties and rights.

    • Executive (Government): Formulates policy (manifestoes), initiates legislation, and implements policy, considering parliamentary approval and citizen rights.

      • Civil Servants: Impartial (non-politically affiliated) government workers.

    • Parliament: Makes laws, debates policy, checks government, scrutinizes actions, holds officials accountable; Composed of the Houses of Commons (HOC) and House of Lords (HOL).

    • Judiciary: Interprets legislation, applies precedent, and checks parliament and executive for accountability and due process; Headed by the Supreme Court.

    • Citizenship: Citizens have civic duties (e.g., jury service) and rights (e.g., right to vote); Fundamental rights and freedoms are protected. Common law from judges used alongside laws passed by Parliament.

    • Rule of Law: Implies equality before the law, accountability, and that no one (including the monarch) can act outside the law.

      • Judicial Review: The judiciary can assess government actions for compliance with the rule of law.

    • Monarchs & Immunity: The monarch's immunity from prosecution is a complex issue under the rule of law, raising democratic accountability questions.

    Week 2: Introduction to Public Law

    • Public Law: Governs state powers.

    • Key Principles: Protection of human rights, rule of law (accountability), and lawful, fair, rational actions.

    • Public vs. Private Law: Public law involves the state/public services; private law concerns individuals.

    • Constitutional vs. Administrative Law: Constitutional outlines government structure; administrative law concerns state actions & functions.

    • Accountable Government: Essential for upholding democracy, providing services, and preventing corruption; mechanisms needed to hold the government accountable when necessary.

    • UK Jurisdictions: The UK operates under a unitary, uncodified (unwritten), unentrenched constitution; laws are flexible, legislature-driven. For example, the proposed Rwanda plan is subject to domestic human rights laws.

    • State Accountability: Ensured through:

      • Rule of Law: No one is above the law.
      • Constitutionalism: Respect for constitutional principles.
      • Ministerial Responsibility: Government ministers are accountable for their actions.
      • Representative Democracy: Ensures government reflects the will of the people.
      • Limited Government: Controls power and promotes accountability.
      • Judicial Review: Courts review government actions
      • Separation of Powers: Checks and balances among branches.

    Week 4: Supremacy of Parliament

    • Parliamentary Sovereignty: Parliament is the supreme legal authority in the UK; can create or abolish any law without limitations. This principle shapes the state-citizen relationship.

    • Supremacy of Parliament: Parliament is the highest legal authority, capable of enacting binding, enforceable legislation in the UK. Unlike systems with written constitutions or constitutional courts, the UK's unwritten constitution allows Parliament to legislate on any topic. Examples of demonstrating this include the Parliament Acts of 1911 and 1949, which allowed the House of Commons to override the House of Lords.

    • Unlimited Legislative Competence: Parliament can legislate on any subject (domestic or international). While respecting devolved administrations on, for example, education and health, Parliament has authority over devolved matters.

    • Legal and Political Sovereignty:

      • Legal: Parliament's ability to enact binding, enforceable laws. Judiciary interprets and applies laws, but cannot overrule Parliament (e.g. R (Jackson) v Attorney General (2005), upholding the Hunting Act 2004);
      • Political: Parliament's democratic legitimacy, elected by the people.

    • Role of the Judiciary: Judges apply the law set by Parliament. Separation of powers ensures that while the judiciary interprets and upholds the law, they lack the power to overturn Acts of Parliament. (e.g., R (Miller) v Secretary of State for Exiting the European Union (2017).

    • Conventions & Customs: Parliamentary sovereignty is theoretical; it operates with conventions (e.g., Sewel Convention). These guide parliamentary actions, though not legally binding. They highlight the practical need for cooperation between the central and devolved governments, without lessening Parliament's ultimate authority.

    • Parliament's Independence from the Executive: Parliament is designed to operate independently. The legislative and executive branches are separate entities. However, factors like party politics (e.g., Boris Johnson's government and majority), the roles of MPs and ministers (conflicts of interests), and collective ministerial responsibility can impact this independence. Parliamentary committees (Public Accounts, Home Affairs) are vital for scrutiny. Recent developments, such as increased backbench MP roles and select committees, reinforce Parliament's independence.

    • Entrenchment: Entrenchment makes laws difficult to alter/repeal. Legal entrenchment uses codified mechanisms (e.g., US constitution amendment processes). Political entrenchment uses informal norms and political consensus (e.g., Sewel Convention).

    • Hierarchy of Acts of Parliament: Not all Acts are equal; some are constitutionally fundamental (e.g., European Communities Act 1972, Human Rights Act 1998). The cases of Thoburn v Sunderland City Council and R (Allister) v Lord Chancellor highlight a hierarchy, recognizing that some Acts are fundamental to the constitutional structure.

    • Human Rights Act 1998 on Parliamentary Sovereignty: The Human Rights Act incorporated European Convention on Human Rights (ECHR) rights into domestic law, impacting parliamentary sovereignty. Courts can now review legislation to ensure compatibility with ECHR. Key cases such as R (Factortame Ltd) v Secretary of State for Transport (No 2) and R (Smith) v Secretary of State for Defence, highlight the judiciary's role in scrutinizing legislation and upholding human rights, while upholding parliamentary sovereignty. Section 4 Declaration of Incompatibility allows courts to state when legislation is incompatible with ECHR, without invalidating the law. (e.g., A and others v Secretary of State for the Home Department)

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    This quiz covers key concepts from the first week of studying Constitutional Law, focusing on the compatibility of legislation with constitutional principles, human rights challenges, and the role of the monarch in the UK's constitutional framework. Understand how the state is held accountable through its various branches.

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