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85 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What historical development in the doctrine of parliamentary sovereignty happened in 1611? |
Chief Justice Coke said: 'the King has no prerogative but that which the law of the land allows him' |
A halt on the King's power. |
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What did the bill of rights 1689 decide in article 1 and 4? |
1. Removal of laws made by parliament is illegal. 4. Levying money to the crown is illegal. |
1. Removal... 4. Levying... |
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What did article 6 of the bill of rights entail? |
Having an army without approval of parliament is illegal. |
Army |
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What did article 8 of the bill of rights 1689 entail? |
Election of MPs should be free. |
Elections |
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What does article 9 of the bill of rights 1689 entail? |
Proceedings of parliament should not be impeached outside of court. |
Impeached |
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What does articles 10 and 13 of the bill of rights entail? |
10. Excessive bail or fines is forbidden. 13. Frequent holdings of parliament. |
10. Fines 13. Regular |
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What does the Act of Settlement entail in regards to Parliamentary sovereignty? |
Alters the line of succession and excludes Catholics. |
Succession. |
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Dicey's formulation of the orthodox view was what? |
'Parliament this defined has under the English constitution, the right to make it unmake any law whatever; and further, that no person is recognised by the law of England as having a rights to override or set aside the legislation of parliament' |
Make or unmake |
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What is parliamentary sovereignty constrained by? |
Politics, democracy, morality and practicalities. |
P, D, M and P |
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What did W.I.Jennings say about parliamentary sovereignty? |
'The parliamentary supremacy is the constitution' |
Favourable comment. |
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Why did W.I.Jennings believe in parliamentary supremacy as akin to the constitution? |
Because is was a central organising principle. |
Central |
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What is the quote used by Dicey on parliament binding? |
'No, parliament cannot bind it's successors' |
No |
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Who believed that 'it is impossible for parliament to bind itself'? |
Lord Justice Maughan |
LJM |
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What is the challenge to parliament not being able to bind itself in relation to the Canada Act 1982? |
This act removes the UK from ever legislating for Canada again therefore binding us. |
Removal of power |
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What is the challenge to parliament not being able to bind itself in relation to the Canada Act 1982? |
This act removes the UK from ever legislating for Canada again therefore binding us. |
Removal of power |
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What was said by Lord Justice Laws in Thoburn (2003)? |
'Ordinary statutes may be repealed. Constitutional statutes may not' |
Constitutional statutes. |
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What is the challenge to parliament not being able to bind itself in relation to the Canada Act 1982? |
This act removes the UK from ever legislating for Canada again therefore binding us. |
Removal of power |
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What was said by Lord Justice Laws in Thoburn (2003)? |
'Ordinary statutes may be repealed. Constitutional statutes may not' |
Constitutional statutes. |
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Who said 'the parliament of 1972 has succeed in binding the parliament of 1988' and what did he describe the occurrence as? |
H.W.R. Wade and 'constitutional revolution' |
H.W.R. |
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What did N.W. Barber say about the restrictions of the 1972 act? |
'Parliament may be able, in the final analysis, to enact any laws it chooses, although it must first remove the limitations placed upon it by the 1972 act' |
No hint |
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What does section 18 of the European Union Act 2011 do? |
Allows the reassertion of sovereignty. |
Reassertion. |
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What does section 18 of the European Union Act 2011 do? |
Allows the reassertion of sovereignty. |
Reassertion. |
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What are ECHR rights mistakenly seen as? |
EU Law |
EU... |
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What does section 18 of the European Union Act 2011 do? |
Allows the reassertion of sovereignty. |
Reassertion. |
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What are ECHR rights mistakenly seen as? |
EU Law |
EU... |
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What does section 3(1) of the Human Rights Act 1998 say? |
'Primary and subordinate legislation must be read and given effect in a way which is compatible with the convention rights' |
No hint |
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What is said in section 4(2) of the Human Rights Act 1998? |
'If the court is satisfied that a provision contained in primary legislation is incompatible with a convention right, it may make a declaration of incompatibility' |
DoI |
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What is said in section 4(6)(a) of the Human Rights Act 1998? |
A declaration of incompatibility does not affect the continuing enforcement and operation of the provision. |
Doesn't affect... |
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Does the Human Rights Act 1998 preserve parliamentary sovereignty? |
Yes, but with the provision that an incompatibility declaration is made if the statute is found to conflict with ECHR rights. |
Which provision? |
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Does the Human Rights Act 1998 preserve parliamentary sovereignty? |
Yes, but with the provision that an incompatibility declaration is made if the statute is found to conflict with ECHR rights. |
Which provision? |
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What three things did the Human Rights Act 1998 change in relation to judges? |
1. More frequently called upon for moral and political issues. 2. Judges form a quasi-statute-writing function. 3. Judges must tell parliament when legislation cannot be made to comply. |
1. More frequent... |
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'The constitution not parliament, is in this sense sovereign' was said by whom? |
Sir John Laws |
SJL |
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'The constitution not parliament, is in this sense sovereign' was said by whom? |
Sir John Laws |
SJL |
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What is said in section 1 of the Parliament Act 1941? |
House of Lords veto limited to one month for money bills. |
One month |
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'The constitution not parliament, is in this sense sovereign' was said by whom? |
Sir John Laws |
SJL |
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What is said in section 1 of the Parliament Act 1941? |
House of Lords veto limited to one month for money bills. |
One month |
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What is said in section 2 of the Parliament Act 1911? |
'Any public bill not approved by the House of Lords can nonetheless be presented for royal assent if passed by the House of Commons in three consecutive seasons over a period of less than two years' |
Any public bill not app... |
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'The constitution not parliament, is in this sense sovereign' was said by whom? |
Sir John Laws |
SJL |
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What is said in section 1 of the Parliament Act 1941? |
House of Lords veto limited to one month for money bills. |
One month |
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What is said in section 2 of the Parliament Act 1911? |
'Any public bill not approved by the House of Lords can nonetheless be presented for royal assent if passed by the House of Commons in three consecutive seasons over a period of less than two years' |
Any public bill not app... |
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What is said in section 1 of the Parliament Act 1949? |
Further reduces the House of Lords veto power. |
Further red... |
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'The constitution not parliament, is in this sense sovereign' was said by whom? |
Sir John Laws |
SJL |
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What is said in section 1 of the Parliament Act 1941? |
House of Lords veto limited to one month for money bills. |
One month |
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What is said in section 2 of the Parliament Act 1911? |
'Any public bill not approved by the House of Lords can nonetheless be presented for royal assent if passed by the House of Commons in three consecutive seasons over a period of less than two years' |
Any public bill not app... |
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What is said in section 1 of the Parliament Act 1949? |
Further reduces the House of Lords veto power. |
Further red... |
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What happened in R (Jackson) v Attorney General and who gave the judgement? |
Jackson challenged the Hunting Act because it did not follow the parliamentary procedure. The courts said it didn't matter because they have 'no power to declare enacted laws to be invalid' (Lord Bingham) |
Challenged the HA, LB. |
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'The constitution not parliament, is in this sense sovereign' was said by whom? |
Sir John Laws |
SJL |
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What is said in section 1 of the Parliament Act 1941? |
House of Lords veto limited to one month for money bills. |
One month |
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What is said in section 2 of the Parliament Act 1911? |
'Any public bill not approved by the House of Lords can nonetheless be presented for royal assent if passed by the House of Commons in three consecutive seasons over a period of less than two years' |
Any public bill not app... |
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What is said in section 1 of the Parliament Act 1949? |
Further reduces the House of Lords veto power. |
Further red... |
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What happened in R (Jackson) v Attorney General and who gave the judgement? |
Jackson challenged the Hunting Act because it did not follow the parliamentary procedure. The courts said it didn't matter because they have 'no power to declare enacted laws to be invalid' (Lord Bingham) |
Challenged the HA, LB. |
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What did Lord Bingham say on the matter of sub-primary legislation in R (Jackson) v Attorney General? |
They were not looking to create 'a new form of sub primary legislation but in creating a new way of enacting primary legislation' |
New way |
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What did Baroness Hale point out in R (Jackson) v Attorney General? |
'If the sovereign parliament can redefine itself downwards it may very well be that it can redefine itself upwards'. |
Redefine. |
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What did Baroness Hale point out in R (Jackson) v Attorney General? |
'If the sovereign parliament can redefine itself downwards it may very well be that it can redefine itself upwards'. |
Redefine. |
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Who constructed parliamentary sovereignty and what was the quote about this in R (Jackson) v Attorney General? |
Courts and...
...'It is a construct of common law. The judges created this principle' (Lord Steyn). |
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What did Baroness Hale point out in R (Jackson) v Attorney General? |
'If the sovereign parliament can redefine itself downwards it may very well be that it can redefine itself upwards'. |
Redefine. |
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Who constructed parliamentary sovereignty and what was the quote about this in R (Jackson) v Attorney General? |
Courts and...
...'It is a construct of common law. The judges created this principle' (Lord Steyn). |
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What did Lord Hope say in AXA General Insurance LTD v Lord Advocate? |
'The rule of law does not have to compete with the principle of sovereignty' |
The RoL... |
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What did Baroness Hale point out in R (Jackson) v Attorney General? |
'If the sovereign parliament can redefine itself downwards it may very well be that it can redefine itself upwards'. |
Redefine. |
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Who constructed parliamentary sovereignty and what was the quote about this in R (Jackson) v Attorney General? |
Courts and...
...'It is a construct of common law. The judges created this principle' (Lord Steyn). |
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What did Lord Hope say in AXA General Insurance LTD v Lord Advocate? |
'The rule of law does not have to compete with the principle of sovereignty' |
The RoL... |
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Do Diceyans believe 'referendum locks' can bind successor parliaments? |
No, they can ignore them |
No, why? |
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What did Baroness Hale point out in R (Jackson) v Attorney General? |
'If the sovereign parliament can redefine itself downwards it may very well be that it can redefine itself upwards'. |
Redefine. |
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Who constructed parliamentary sovereignty and what was the quote about this in R (Jackson) v Attorney General? |
Courts and...
...'It is a construct of common law. The judges created this principle' (Lord Steyn). |
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What did Lord Hope say in AXA General Insurance LTD v Lord Advocate? |
'The rule of law does not have to compete with the principle of sovereignty' |
The RoL... |
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Do Diceyans believe 'referendum locks' can bind successor parliaments? |
No, they can ignore them |
No, why? |
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What does the manner and form dictate about 'referendum locks'? |
You must follow them. |
Why? |
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What did Baroness Hale point out in R (Jackson) v Attorney General? |
'If the sovereign parliament can redefine itself downwards it may very well be that it can redefine itself upwards'. |
Redefine. |
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Who constructed parliamentary sovereignty and what was the quote about this in R (Jackson) v Attorney General? |
Courts and...
...'It is a construct of common law. The judges created this principle' (Lord Steyn). |
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What did Lord Hope say in AXA General Insurance LTD v Lord Advocate? |
'The rule of law does not have to compete with the principle of sovereignty' |
The RoL... |
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Do Diceyans believe 'referendum locks' can bind successor parliaments? |
No, they can ignore them |
No, why? |
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What does the manner and form dictate about 'referendum locks'? |
You must follow them. |
Why? |
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Which case suggests that referendums are not needed? |
Wheeler v Office of the Prime Minister. |
Whe... |
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What did Baroness Hale point out in R (Jackson) v Attorney General? |
'If the sovereign parliament can redefine itself downwards it may very well be that it can redefine itself upwards'. |
Redefine. |
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Who constructed parliamentary sovereignty and what was the quote about this in R (Jackson) v Attorney General? |
Courts and...
...'It is a construct of common law. The judges created this principle' (Lord Steyn). |
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What did Lord Hope say in AXA General Insurance LTD v Lord Advocate? |
'The rule of law does not have to compete with the principle of sovereignty' |
The RoL... |
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Do Diceyans believe 'referendum locks' can bind successor parliaments? |
No, they can ignore them |
No, why? |
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What does the manner and form dictate about 'referendum locks'? |
You must follow them. |
Why? |
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Which case suggests that referendums are not needed? |
Wheeler v Office of the Prime Minister. |
Whe... |
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What is written at: section 28(7) of the Scotland act 1998, section 5(6) of the Northern Ireland Act and Government of Wales Act section 93(5)? |
'This section does not affect the power of parliament to make laws for (country in question)' |
Section/part |
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What are the three main challenges to parliamentary sovereignty? |
1. Political reality 2. Referendums 3. Prospect of independence. |
1. Pol... 2. Ref... 3. Pro... |
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What does section 63A(1) of the Scotland Bill 2015 say? |
'The Scottish Parliament and the Scottish Government are a permanent part of the United Kingdom's constitutional arrangements' |
No hint |
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What was said in Thoburn v Sunderland City Council (2002) on the matter of constitutional statutes and what does this do? |
'We should recognise a hierarchy of Acts of Parliament as it were ordinary statutes and constitutional statutes'
Constitutionalising the constitution. |
Constitutionalising... |
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What was said in Thoburn v Sunderland City Council (2002) on the matter of constitutional statutes and what does this do? |
'We should recognise a hierarchy of Acts of Parliament as it were ordinary statutes and constitutional statutes'
Constitutionalising the constitution. |
Constitutionalising... |
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What is said in HS2 Action Alliance v Secretary of State for transport (2014) about constitutional instruments |
'The United Kingdom has no written constitution, but we have a number of constitutional instruments... The common law itself also recognises certain principles as fundamental to the rule of law' |
The U.K. Has no written con... |
