Public Law Lecture Notes

Flashcards covering key vocabulary and concepts from the Public Law lecture notes.

What is the definition of the Constitution?

A body/framework of rules, principles and practices which establish, empower and restrain the institutions of government while simultaneously empowering and protecting the people.

What is Parliamentary Sovereignty?

The principle established by the revolutionary settlement in 1689, signifying that Parliament has absolute control over legislation and cannot be altered or revoked by any entity.

What does the Rule of Law entail?

It holds that government must have legal authority for its conduct, and when it exceeds that authority, it can be penalised by the courts.

What is meant by Responsible Government?

The principle that the government must maintain the confidence of Parliament and holds collective responsibility towards it.

How is the British constitution described?

It is largely unwritten, based on principles rather than a single codified document, and is flexible and adaptable.

What is the significance of the Human Rights Act 1998?

It allows for the enforcement of rights contained in the European Convention on Human Rights within domestic courts.

What is the difference between constitutional statutes and ordinary statutes?

Constitutional statutes deal primarily with constitutional matters and cannot be repealed or overridden simply by ordinary legislative acts.

What role do conventions play in the British Constitution?

Conventions shape the practices of governance and guide authority but are not legally enforceable.

What are the three core principles of the British constitution?

Parliament sovereignty, Rule of Law, and Responsible Government.

What is the procedure for amending the British Constitution?

Amendments come through acts passed by Parliament, and referendums may be sought, though they are not binding.

What is the significance of the Bill of Rights 1689?

It cements the authority of Parliament, declaring that Parliament alone can levy taxes, among other powers.

What is the role of the House of Commons?

It is primarily responsible for authorizing government expenditure, legislating, and scrutinising government actions.

What was the effect of the Constitutional Reform Act 2005?

It established the Supreme Court and enhanced the independence of the judiciary by removing judges from the House of Lords.

What is the significance of the Sewel Convention?

It states that the UK Parliament will not normally legislate on devolved matters without the consent of the devolved legislatures.

What is meant by devolution?

The transfer of specific powers from the central government of the UK Parliament to regional or devolved governments in Scotland, Wales, and Northern Ireland.

What are the characteristics of the First Past the Post electoral system?

It is a voting system where the candidate with the most votes wins in each constituency, often resulting in wasted votes and tactical voting.

What are constitutional prerogative powers?

Powers that are historically associated with the Crown and exercised by government ministers, such as foreign affairs and military decisions.

What was the impact of the Fixed-term Parliaments Act 2011?

It established a system for general elections to occur at fixed intervals but was later repealed, restoring prerogative powers to dissolve Parliament.

Who has legislative competence in Scotland?

The Scottish Parliament, which can legislate on devolved matters, subject to specific constraints defined by the Scotland Act 1998.

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