Public Law Cycles 1-4

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  • Created by: jmuller99
  • Created on: 28-03-18 10:51
What is another word for 'The Constitution'?
The Basic Law
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What proportion of votes is required for a successful 'Super Majority'?
2/3
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What is the European Convention on Human Rights?
International Treaty under the Council of Europe
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How many ECHR applications were heard in 2014?
3%
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In which year did Tony Blair accept the ECHR?
1998
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What is UK 'Exceptionalism'?
UK has no written constitution
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What Courts interpret constitutions?
Constitutional Court
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When did the programme of written constitutions begin?
American Revolution (1788)
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Are there any nation laws with higher status than Parliament?
No
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Is there a special procedure for amending the constitutional system?
No
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What is the EU often referred to as?
Public law beyond the state
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How many EU Member States are there currently?
28
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Reasons for the EU being set up
Unity and Cooperation; Economic Prosperity; and Security
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When were the Lisbon Treaties signed?
2007 (into force 2009)
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What is 'acquis communautaire'?
French term which denotes all the rights and obligations the current members have
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How many Member States were there originally?
6 - France, Germany, Italy, Netherlands, Belgium and Luxembourg
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Which year did the UK join the EU?
1973 with Ireland and Denmark
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When was the UK's first referendum on EU membership?
1976
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Where is is laid out that the EU is a Representative Democracy?
Art 10 TEU
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Where is is laid out that the EU is a Participatory Democracy?
Art 11 TEU
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What was the outcome in/effect of R v Davis [2008]?
Parliament didn't like the decision so created new legislation against it ('The Crimi
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How are Constitutional Conventions made?
Built up slowly over time
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What are the 3 main external sources of law
EU law; ECHR; International Treaties
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What are Primary sources of EU Law?
Treaties ratified by MS
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What are the main types of Secondary Sources of EU Law?
Regulations; Directives; Decisions; Case law of the CJEU; General Principles of EU Law
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Where can principles of equality be found?
Art 2 TEU
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Where can principles of proportionality and subsidiarity be found?
Art 5 TEU
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Who are the UK Executive?
Government
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Who are the Legislature?
Parliament
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In which Article is the Commission's details laid out?
Art 17 TEU
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In which Article is the Council's details laid out?
Art 16 TEU
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How is the Commission appointed?
Appointed by MS (not directly elected) - but still independent
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Who are members of the Council?
Composed of relevant ministers from MS
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In which year did the European Parliament's members become directly elected (thereby making it a representative democracy)?
1979
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Who are the members of the European Council?
Head of State of each MS
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Which case outlines the requirements for a statute to be deemed constitutional?
Thoburn v Sunderland City Council
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What is the Thoburn Constitutional Statute test?
(a) conditions the legal relationship between citizen and state in some general, overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights
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What does the phrase 'Kompetenz-Kompetenz' mean?
EU cannot confer power on itself
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What is the 'Residual Power Clause'?
Endows EU with further powers in a certain area where they have some power, but not enough
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Where is the 'Residual Power Clause' Found?
Art 352(1) TFEU
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Where are Exclusive Competences set out?
Art 3 TFEU
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Where are Coordinating Competences set out?
Arts 2(3) and 5 TFEU
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Where are Complementary Competences set out?
Arts 6 and 2 TFEU
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Where us Enhanced Cooperation Procedure set out?
Art 20 TEU
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What does Article 20 TEU state?
'(en)hanced cooperation shall aim to further the objectives of the union protects its interests and reinforce its integration process'
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What's the 2 stage subsidiarity test?
a) Can the proposed action be sufficiently fulfilled by the MS alone b) Even if MS could do this alone, if it is done at EU level, would the results be much better?
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What does r V S of S for Health, ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco [2002] show?
Content and form shall not exceed what is necessary
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In which circumstances can a 'yellow card' be ordered?
If 1/2 of national Parliaments state the proposal contravenes the principle of subsidiarity
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Where is the value of participatory democracy and subsidiarity laid out?
Art 10 and 11 TEU
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What is the Citizens initiative?
One million citizens can put forward a proposal for measure to the Commission
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Where is the Citizen Initiative found?
Art 11(4) TEU
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What does the Rule of Recognition (H.L.A. Hart) do?
Gives legal validity to laws (AoP/DL)
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Which case emphasises PS is a legal doctrine which has been developed and applied by courts?
Pickin
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What's "The Enrolled Bill Rule"
Courts aren't allowed to 'look behind' the way the Act was passed
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What does Cheney v Conn clarify?
Courts must apply AoP as 'law of the land' rather than International Treaties
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What does R v S of S for the Home Department ex Parte Simms and O'Brien [1994]
In the absence of express words or necessary implication, courts will presume general words will be subject to the basic rights of individuals
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What did HS2 v S of S for Transport [2014] confirm?
No presumption of implied repeal for inconsistencies between 2 constitutional statutes
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Why can entrenchment be controversial?
Can be thought to be incompatible with PS
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Card 2

Front

What proportion of votes is required for a successful 'Super Majority'?

Back

2/3

Card 3

Front

What is the European Convention on Human Rights?

Back

Preview of the front of card 3

Card 4

Front

How many ECHR applications were heard in 2014?

Back

Preview of the front of card 4

Card 5

Front

In which year did Tony Blair accept the ECHR?

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