33 terms

Constitutional

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Convention
Rules of political practice that are not legally provided for
Political constitution
Legislature forms greatest check of power on the executive
Legal constitution
Judiciary forms greatest check of power on the executive
Constitution
Turpin: A body of rules, conventions and practices which establish and regulate the organisation, powers and operation of government and the relations between persons and public authorities
Sources of constitutional law
statute, judicial precedents, conventions, documents (magna carta)
Jennings test for convention
Precedent, is actor bound to follow, is there a constitutional reason
Health and Social Care Act 2012
Amended 137 times
£ claimed by 36% Lords who spoke fewer than 5 times
4 million
Parliament will not normally legislate on devolved matters
Scotland Act 2016 added it into Scotland Act 1998
Rebuilding the House - parliamentary reform on constitutional reform - function of Parliament
Government should get its business, the House should get its scrutiny and the public should get listened to
Function of House of Lords
Scrutinising and revising chamber
Salisbury Convention
House of Lords does not oppose legislation that was in parties' manifesto
How many hereditary peers
92
How many bishops
26
House of Lords Act 1999
hereditary peers, bisho
Section 3 Constitutonal Reform Act
All ministers of the Crown and all with responsibility for matters relating to the judicary must uphold the continued independence of the judiciary
Original Parl Sovereignty
What the Queen enacts in Parliament is law
s3 (1) HRA
Statutes must be read and given effect in a way which is compatible with the Convention rights
s2 (1) ECA
Community law must be given legal effect in the UK
s2 (2) ECA
Minister may by Order in Council make provision to implement Community law
s2 (4) ECA
Any act of Parliament must construed and have effect subject to the foregoing provisions of this section
Word used in Factortame
Disapply
2011 European Union Act
Gave us rights to vote in European elections
s3 (2) HRA
Does not affect the validity, continuing operation or enforcement of any incompatible legislation
Compliance in what % of DOIs
95-99
s4 (6) HRA
Not legally binding - does not affect the validity continuing operation or enforcement of the provision in respect of which it is given
s6 HRA
judicial review of administrative action
s10 HRA
power for minister to take remedial action
s2 HRA
Needs to TAKE INTO ACCOUNT any judgement, decision, declaration or advisory opinion of the ECHR
article 5
Right to liberty, security of person
Article 8
right to respect for private life
article 10
right to freedom of expression
article 6
right to fair trial