Parliament and Parliamentary Sovereignty Practice Flashcards

This set of vocabulary flashcards covers core constitutional principles including the composition of the UK Parliament, the legislative process, the doctrine of parliamentary sovereignty, and parliamentary privilege according to the SQE1 syllabus.

House of Commons

The most important element of Parliament, consisting of $650$ elected members who represent constituencies through the 'first past the post' system.

Recall Petition

A process under the Recall of MPs Act 2015 where an MP is removed from their seat and a by-election is called if at least $10\%$ of registered constituency voters sign within six weeks.

House of Lords Act 1999

Legislation that removed the bulk of hereditary peers from the House of Lords, allowing only up to $92$ to remain.

Lords Temporal

The portion of the House of Lords comprising life peers created under the Life Peerages Act 1958 and the remaining hereditary peers.

The Parliament Act 1911

Statute that limits the maximum life of a Parliament to $5$ years and established a procedure to bypass the House of Lords for certain legislation.

Dissolution and Calling of Parliament Act 2022

Act that repealed the Fixed-term Parliaments Act 2011 and revived the royal prerogative power to dissolve Parliament.

Salisbury Convention

A constitutional convention stating that the House of Lords will not reject a bill that gives effect to a major part of the democratically elected Government's manifesto.

Money Bills

Public bills certified by the Speaker as dealing only with national taxation or supply; they can be presented for Royal Assent one month after being sent to the Lords even without their consent.

Joint Select Committee on Statutory Instruments

A committee representing both the House of Lords and House of Commons that scrutinises delegated legislation and draws Parliament's attention to instruments requiring debate.

AV Dicey's Definition of Parliamentary Sovereignty

The principle that Parliament has the right to 'make or unmake any law whatever' and that no person or body is recognised by law as having the right to override or set aside its legislation.

Bill of Rights 1689

A landmark statute that removed the Monarch's power to arbitrarily suspend Acts of Parliament and established that 'proceedings in Parliament ought not to be impeached or questioned in any court'.

Enrolled Act Rule

Common law principle established in Edinburgh & Dalkeith Railway Co v Wauchope stating that once an Act is entered onto the Parliamentary roll, courts cannot enquire into the mode in which it was introduced or its progress through Parliament.

Burmah Oil Co v Lord Advocate [1965]

Case confirming that statute may operate retrospectively, as demonstrated by the War Damage Act 1965 removing a right to compensation previously found by the House of Lords.

Implied Repeal

The doctrine established in Ellen Street Estates v Minister of Health that a later Act of Parliament will repeal the provisions of an earlier Act to the extent of any inconsistency between them.

Constitutional Statutes

A category of statutes identified in Thoburn v Sunderland City Council that condition the legal relationship between citizen and state or change fundamental rights, thus making them immune to implied repeal.

Sewel Convention

The convention reflected in the Scotland Act 2016 and Wales Act 2017 stating that the UK Parliament will not normally legislate with regard to devolved matters without the consent of the devolved legislatures.

Henry VIII Powers

Provisions in primary legislation that permit a government minister to amend or repeal statutes using delegated legislation.

Direct Effect

An EU law principle developed in Van Gend en Loos allowing individuals to rely on EU law in national courts provided the provision is sufficiently clear, precise, and unconditional.

Human Rights Act 1998, Section 3

Requires both primary and secondary legislation to be interpreted in a way that is compatible with Convention rights 'so far as it is possible to do so'.

Human Rights Act 1998, Section 4

Permits higher courts to make a declaration of incompatibility if a statute cannot be interpreted to comply with Convention rights, which does not invalidate the Act but creates political pressure for reform.

Article 19 of the Human Rights Act 1998

Requires a minister introducing a government bill to state before the second reading whether the bill is compatible with Convention rights.

Exclusive Cognisance

The privilege of Parliament to manage its own affairs and decide its own procedures without interference from the courts.

R v Chaytor (David) and others [2010]

Supreme Court case ruling that parliamentary privilege does not preclude the jurisdiction of the Crown Court to try MPs for criminal false accounting related to expenses claims.