Public Law Cycles 1-4

  • Created by: jmuller99
  • Created on: 28-03-18 10:51
What is another word for 'The Constitution'?
The Basic Law
1 of 58
What proportion of votes is required for a successful 'Super Majority'?
2/3
2 of 58
What is the European Convention on Human Rights?
International Treaty under the Council of Europe
3 of 58
How many ECHR applications were heard in 2014?
3%
4 of 58
In which year did Tony Blair accept the ECHR?
1998
5 of 58
What is UK 'Exceptionalism'?
UK has no written constitution
6 of 58
What Courts interpret constitutions?
Constitutional Court
7 of 58
When did the programme of written constitutions begin?
American Revolution (1788)
8 of 58
Are there any nation laws with higher status than Parliament?
No
9 of 58
Is there a special procedure for amending the constitutional system?
No
10 of 58
What is the EU often referred to as?
Public law beyond the state
11 of 58
How many EU Member States are there currently?
28
12 of 58
Reasons for the EU being set up
Unity and Cooperation; Economic Prosperity; and Security
13 of 58
When were the Lisbon Treaties signed?
2007 (into force 2009)
14 of 58
What is 'acquis communautaire'?
French term which denotes all the rights and obligations the current members have
15 of 58
How many Member States were there originally?
6 - France, Germany, Italy, Netherlands, Belgium and Luxembourg
16 of 58
Which year did the UK join the EU?
1973 with Ireland and Denmark
17 of 58
When was the UK's first referendum on EU membership?
1976
18 of 58
Where is is laid out that the EU is a Representative Democracy?
Art 10 TEU
19 of 58
Where is is laid out that the EU is a Participatory Democracy?
Art 11 TEU
20 of 58
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
21 of 58
How are Constitutional Conventions made?
Built up slowly over time
22 of 58
What are the 3 main external sources of law
EU law; ECHR; International Treaties
23 of 58
What are Primary sources of EU Law?
Treaties ratified by MS
24 of 58
What are the main types of Secondary Sources of EU Law?
Regulations; Directives; Decisions; Case law of the CJEU; General Principles of EU Law
25 of 58
Where can principles of equality be found?
Art 2 TEU
26 of 58
Where can principles of proportionality and subsidiarity be found?
Art 5 TEU
27 of 58
Who are the UK Executive?
Government
28 of 58
Who are the Legislature?
Parliament
29 of 58
In which Article is the Commission's details laid out?
Art 17 TEU
30 of 58
In which Article is the Council's details laid out?
Art 16 TEU
31 of 58
How is the Commission appointed?
Appointed by MS (not directly elected) - but still independent
32 of 58
Who are members of the Council?
Composed of relevant ministers from MS
33 of 58
In which year did the European Parliament's members become directly elected (thereby making it a representative democracy)?
1979
34 of 58
Who are the members of the European Council?
Head of State of each MS
35 of 58
Which case outlines the requirements for a statute to be deemed constitutional?
Thoburn v Sunderland City Council
36 of 58
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
37 of 58
What does the phrase 'Kompetenz-Kompetenz' mean?
EU cannot confer power on itself
38 of 58
What is the 'Residual Power Clause'?
Endows EU with further powers in a certain area where they have some power, but not enough
39 of 58
Where is the 'Residual Power Clause' Found?
Art 352(1) TFEU
40 of 58
Where are Exclusive Competences set out?
Art 3 TFEU
41 of 58
Where are Coordinating Competences set out?
Arts 2(3) and 5 TFEU
42 of 58
Where are Complementary Competences set out?
Arts 6 and 2 TFEU
43 of 58
Where us Enhanced Cooperation Procedure set out?
Art 20 TEU
44 of 58
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'
45 of 58
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?
46 of 58
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
47 of 58
In which circumstances can a 'yellow card' be ordered?
If 1/2 of national Parliaments state the proposal contravenes the principle of subsidiarity
48 of 58
Where is the value of participatory democracy and subsidiarity laid out?
Art 10 and 11 TEU
49 of 58
What is the Citizens initiative?
One million citizens can put forward a proposal for measure to the Commission
50 of 58
Where is the Citizen Initiative found?
Art 11(4) TEU
51 of 58
What does the Rule of Recognition (H.L.A. Hart) do?
Gives legal validity to laws (AoP/DL)
52 of 58
Which case emphasises PS is a legal doctrine which has been developed and applied by courts?
Pickin
53 of 58
What's "The Enrolled Bill Rule"
Courts aren't allowed to 'look behind' the way the Act was passed
54 of 58
What does Cheney v Conn clarify?
Courts must apply AoP as 'law of the land' rather than International Treaties
55 of 58
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
56 of 58
What did HS2 v S of S for Transport [2014] confirm?
No presumption of implied repeal for inconsistencies between 2 constitutional statutes
57 of 58
Why can entrenchment be controversial?
Can be thought to be incompatible with PS
58 of 58

Other cards in this set

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?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Public Law resources »