Constitution, EU Law

Question	Answer
How notice must be given for public procession?	Notice must be given at least 6 clear days before the procession to the local police station
Define Public Assembly	A gathering of 2 or more people in a public place which is at least partially in the open air
What is the effect of retained EU Law before transition period on UK?	UK Courts are not bound by the decision, but the High Court is bound
What is asymmetric devolution?	The UK Parliament has unevenly delegated governing powers to Wales, Scotland and Northern Ireland
What is the Enrolled Bill Rule?	Courts will not question the validity of Acts of Parliament and must give effect to them.
What can trigger an early General election under Fixed-term Parliaments Act 2011?	- The passage of a motion of 'no confidence' in the government by House of Commons - A vote of 66% or more of Members of Parliament in favour of an early election - A recall referendum passed by two-thirds of the voting population
What are the steps for legislative process?	1) First reading 2) Second reading 3) Committee stage 4) Report stage 5) Third reading 6) Consideration of amendments 7) Royal Assent
What is Prorogation?	Process used by Monarch to end a session of Parliament
What is Suspendory Veto Under Parliaments Act 1911-1949?	If the House of Lords block legislation already passed in the Commons, and then block it again after it is passed by the Commons in the next session of Parliament, it will still be sent for Royal Assent
What is Negative Resolution Procedure?	The draft of the legislation is laid in both Houses, and it will take effect unless either House rejects the legislation within 40 days
What falls within concept of the Crown?	- The Privy Council - The Monarch - Ministers - Civil servants
Define Personal prerogative power	Powers that are personally exercised by the Monarch
Define Ministerial prerogative power	Powers that are exercised by ministers on behalf of the Crown
Define Legislative prerogative power	The passage of Orders in Council by the Privy Council
Define Judicial prerogative power	Appeals from Commonwealth nations to the Judicial Committee of the Privy Council (JCPC)
What does the government need to do in order to ratify an international treaty?	It must lay a draft before both Houses and give both Houses 21 days to vote against ratification
What is the scope of royal prerogative power?	The Royal prerogative consists of powers recognised by the common law as belonging to the Crown
Henry VIII Power	If an Act of Parliament grants to the government the power to amend Acts of Parliament by passing secondary legislation, that power is known as Henry VIII Power.
Role of Privy Council	The Privy Council approves some decisions made by the government, either under the Royal prerogative or under powers granted to it by statute
What does it mean for UK Constitution to be 'uncodified?	UK lacks a single document called the Constitution
Cardinal Convention	Under the cardinal convention, although the Monarch has the right to be consulted and to warn and encourage the Prime Minister, this must take place in private. Notwithstanding those rights, ultimately, the Monarch must accept the advice of the government, particularly from the PM.
Doctrine of implied repeal	When two Acts of Parliament are dealing with the same subject matter conflict, the courts are bound to give effect to the later Act of Parliament.
Sewel convention	If the UK Parliament is going to legislate on a matter devolved to Scotland, Wales or Northern Ireland, the consent of the affected institutions is normally required via a 'legislative consent motion.'
Sub judicie rule	During debates, MP & members of the House of Lords should not refer to cases currently ongoing before the courts.
Committee stage	At the Committee Stage, bills of 'first-class Constitutional importance (a category to which a bill to abolish the monarchy would qualify are debated
Salisbury Convention	The House of Lords will grant a Second Reading to a bill as a matter of course if the bill is implementing a commitment made by the party elected into government in their manifesto
Who can authorise to ban public procession?	- outside London: Local Council Within Greater London: Home Secretary
Sewel Convention	Under the Sewel Convention, the UK Parliament will seek the consent of the Scottish Parliament, Welsh Parliament or Northern Irish Assembly before legislating for those nations on a devolved matter.
Public procession	Any march taking place in public, and this would include the group's march along public roads.
Tresspassory assembly	Assembly must take place on land to which the public have no right of access
Carltona Doctrine	If a power is granted by an Act of Parliament to Secretary of State, then Parliament is taken to accept that, power could be exercised by civil servants within the Secretary of State's Department.
Difference between qualified, limited and absolute rights	Qualified right: the state can limit the right if necessary to promote legitimate interests stated in the article. Limited right: the right can be limited only in the circumstances outlined in the article Absolute right: the right can never be limited
Function of Cabinet	To make the most important decisions of the government, for example to take military action, foreign policy issues,
Describe the scope of royal prerogative powers	The royal prerogative consists of powers recognised by the common law as belonging to the Crown.
What is the Public Sector Equality Duty?	The Public Sector Equality Duty places several requirements on bodies within the public sector, such as a local council. This includes showing due regard for removing or eliminating disadvantages suffered by those who share a protected characteristic. Government must consider this when on judicial decisions.
What is the living instrument principle?	Under the living instrument approach, the ECtHR may follow previous decisions, but it is not obligated to if circumstances have changed since that decision was made. For instance, a change in socio-economic conditions may justify a different approach to human rights law. The ECtHR may also choose to follow a consistent approach adopted by a group of states on a particular issue.
What is mandatory procedural requirement?	Mandatory procedural requirement is imposed by statute
What is the automatic disqualification rule?	Automatic disqualification rule applies only if the decision maker has a financial interest in the matter.
What is Hung Parliament?	The political parties would negotiate with each other to determine who will form the next government. Under the facts, no one party has a majority of the seats in the House of Commons.
Who can ask during Prime Minister's Question Time and what can those questions concern?	Members of the Parliament from all political parties can ask the questions & they can relate to the overall conduct of the government
How is a by-election triggered?	The local Conservative party should obtain the consent of 10% of the electorate evidenced by their signing a recall petition. Under the Recall of MP's Act 2015, if an MP has been suspended for more than 10 days, this triggers a recall petition in the constituency of the MP. If more than 10% of the electorate in that constituency sign the petition, then a by-election is held.
Good Friday Agreement	Under the Good Friday Agreement, an international treaty between the UK and the Republic of Ireland, the choice that is legally required to be presented to the people of Northern Ireland is either to remain part of the UK or to join the Republic of Ireland.
Affirmative Resolution Procedure	The affirmative resolution procedure requires that both Houses vote in favour of the regulations for them to become law.
EU-derived domestic legislation Direct EU legislation Directly effective EU law	EU-derived domestic legislation - All pre-Brexit primary and secondary legislation implementing EU directives Direct EU legislation- EU regulations that were automatically binding on member states Directly effective EU Law- EU Law that could directly be relied on in court
Retained EU case Law	Retained decisions of the CJEU. They are binding on all domestic courts, but NOT Supreme Court and Court of Appeal.
Difference between procedural and substantive legitimate expectation	Substantive legitimate expectation: concerns entitlement to a particular right Procedural legitimate expectation: how a decision is made

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