WHEN DOES A BILL BECOME AN ACT
- ON ROYAL ASSENT
KEY FEATURES OF THE UK CONSTITUTION
- MULTI LAYERED - WESTMINSTER PARL AND DEVOLVED
- CONSTITUTIONAL MONARCHY
- INFORMAL SEPARATION OF POWERS BETWEEN EXEC AND PARL
- UNWRITTEN
- UNCODIFIED
- DEMOCRATIC
- FLEXIBLE
THE KING’S ROLE
- HEAD OF STATE BUT NO ACTUAL POWER
- POWERS EXERCISED ON MONARCH’S BEHALF BY GOV
WHAT ARE THE 2 TYPES OF ROYAL PREROGATIVE AND CAN THEY BE REMOVED BY AN ACT OF PARL
- FOREIGN AFFAIRS- TREATIES, WAR, INVASIONS
- DOMESTIC- GRANTING HONOURS, DISSOLVING PARL
- YES THEY ARE LIMITED AND CAN BE REMOVED
SOURCES OF UK CONSTITUTION
- ACTS OF PARL
- CASE LAW
- ROYAL PREROGATIVE
- ACADEMIC WORKS
- CONVENTIONS
WHAT ARE CONVENTIONS AND EXAMPLES
- NON-LEGAL, POLITICAL PRACTICES THAT ARE BINDING IN PRACTICE, NOT IN LAW
- PM MUST BE MEMBER OF HOC
- KING APPOINTS PM WHO HAS A MAJORITY IN HOC
- KING DOESNT REFUSE ROYAL ASSENT
ROLE OF PARLIAMENT
- MAKES LAWS
- BILLS PASS BOTH HOUSES (IN AGREED FORM)
- GETS ROYAL ASSENT
STRUCTURE OF PARLIAMENT
HOC- MPS THAT ARE ELECTED- CONTAINS MEMBERS OF THE GOV- MOST BILLS START HERE
HOL- UNELECTED CHAMBER THAT SCRUTINISES BILLS FROM THE COMMONS (AND CAN START BILLS)
CROWN- GIVES ROYAL ASSENT TO BILLS WHICH MAKE THEM LAW
PARLIAMENTARY SOVEREIGNTY
PARL CAN PASS ANY LAW IT LIKES AND SUCH LAW MUST BE FOLLOWED
PARL CANNOT BE BOUND BY ANY LAW
LIMITATIONS TO PARL SOVEREIGNTY
- STAT INSTRUMENTS
- ROYAL PREROGATIVES
- DEVOLUTION
- HENRY 8 POWERS
PARL PRIVILEGE
- FREEDOM OF SPEECH- MP CAN SAY WHAT THEY LIKE WITHIN PARL AND CANT BE SUED OR PREVENTED FROM DOING SO
- EXCLUSIVE COGNISANCE- PARL CHOOSES ITS OWN RULES AND PROCEDURES- ONLY PARL CHOOSES HOW TO DISCIPLINE MPS OR RUN DAY-TO-DAY AFFAIRS
LEGISLATIVE PROCESS
- STARTS IN HOC
- 1ST READING
- 2ND READING
- COMMITTEE STAGE
- REPORT STAGE
- 3RD READING
- HOL
- 1ST READING
- 2ND READING
- LORDS COMMITTEE STAGE
- REPORT STAGE
- 3RD READING
HOW LONG CAN HOL DELAY A BILL FOR
NO MORE THAN A YEAR
CANNOT DELAY OR AMEND MONEY BILLS
RULE OF LAW PRINCIPLES
- PROTECT HUMAN RIGHTS
- LEGAL CERTAINTY
- PERSONAL LIBERTY
- DUE PROCESS
IS RETAINED EU LAW SUPERIOR TO UK LAW
NO IT IS NOW INFERIOR TO ANY CONFLICTING UK LAW
TRADE AND COOPERATION AGREEMENT AND UK LAW
- PUT INTO UK LAW VIA THE EU (FUTURE RELATIONSHIP) ACT 2020
- AUTOMATICALLY AMENDS ANY LAW PASSED PRE DEC 31ST 2020 TO BE IN LINE WITH TCA
- DOES NOT APPLY TO ANY LAW PASSED AFTER 31ST DEC 2020
WHAT IS ASSIMILATED LAW AND WHAT DOES THE ACT GIVE THE GOV THE POWER TO DO
RETAINED EU LAW IS NOW CALLED ASSIMILATED LAW
- THE ACT GIVES WIDE POWERS TO THE GOV TO AMEND, REVOKE, REPEAL ETC EU-BASED LAW
ECHR RIGHTS IN ORDER
2- RIGHT TO LIFE
3- NO TORTURE
4- SLAVERY
5- LIBERTY
6- FAIR TRIAL
7- NO RETROSPECTIVE CLAIMS
8- FAMILY AND PRIV LIFE
9- RELIGION
10- EXPRESSION
11- ASSEMBLY
12- MARRY
13- EFFECTIVE REMEDY
14- PROTECTION FROM DISCRIMINATION
BRINGING A CLAIM UNDER THE HRA 1998
- IS THE C A VICTIM
- BREACH OF CLAIMANTS HRA BY PUBLIC AUTHORITY?
- BREACH OF AN ABSOLUTE OR LIMITED RIGHT? ANY EXCEPTIONS?
- BREACH OF QUALIFIED RIGHT? IF SO, WAS IT PRESCRIBED BY LAW? LEGITIMATE AIM? NECESSARY AND PROPORTIONATE?
- IF BREACH, WERE THE PUBLIC AUTHORITY ACTING IN ACCORDANCE WITH ACT?
- C WITHIN TIME LIMIT OF A YEAR?
JUDICIAL REVIEW- WHAT IS IT AND WHAT CANT IT BE USED FOR
- CITIZENS REVIEWING PUBLIC BODY ACTIONS, POLICIES, AND DECISIONS THROUGH THE COURTS
- CANT BE USED TO REVIEW ACTS OF PARL
WHAT ARE THE GROUNDS FOR JUDICIAL REVIEW
- ILLEGALITY
- UNREASONABLENESS/IRRATIONALITY
- LEGITIMATE EXPECTATION
- PROCEDURAL IMPROPRIETY
WHAT DOES ILLEGALITY COVER JR
- ACTING ULTRA VIRES (BEYOND THEIR POWERS)
- APPLYING A POLICY BLINDLY
- IRRELEVANT CONSIDERATIONS
- ERRORS OF LAW AND FACT
REMEDIES FOR JR- PREROGATIVE AND NON-PREROGATIVE
PREROG
- QUASHING ORDER
- PROHIBITING AND MANDATORY ORDERS
NON-PREROG
- DECLARATION
- INJUNCTION
- DAMAGES
HOW TO START A CLAIM FOR JR
- FOLLOW PRE ACTION PROTOCOL FOR JR (UNLESS URGENT OR A PLANNING ISSUE)
- WRITE A LETTER TO PUBLIC BODY
- GIVE THEM 14 DAYS TO RESPOND
- TRY MEDIATION (COURT SHOULD BE A LAST RESORT)
