What can the courts do to ministerial decisions and secondary legislation?

They can quash them as ultra vires where they exceed the powers granted by the parent Act.

In 2017 the Supreme Court ruled the government could not begin withdrawal from the EU using prerogative powers alone. What did it require instead?

An Act of Parliament authorising notification of the UK's intention to withdraw.

What did the Supreme Court decide about prorogation in 2019?

That the prorogation of Parliament was unlawful and of no effect because it frustrated Parliament's constitutional functions without reasonable justification.

How did Parliament respond to the Belmarsh ruling of 2004?

It repealed the detention power and replaced it with control orders, showing that a declaration of incompatibility prompts a change in the law without compelling one.

AQA A-Level Politics 7152

The Nature and Sources of the British Constitution

Topic overview Codified and Uncodified Constitutions The Rule of Law and Parliamentary Sovereignty Magna Carta and the Early Constitution The Parliament Acts of 1911 and 1949 Individual and Collective Rights Constitutional Change since 1997 and Codification

The Structure and Role of Parliament

Topic overview The Two Chambers and Parliamentary Privilege The Passage of a Public Bill Burke and the Models of Representation The Roles of MPs and Peers Scrutiny of the Executive and PMQs Select Committees, the Opposition and Parliament's Influence

The Prime Minister and Cabinet

Topic overview The Core Executive and the Prime Minister's Powers Policy Making and the Limits of Prime Ministerial Power Ministerial Responsibility Accountability in Practice and Crichel Down

The UK Judiciary

Topic overview Judicial Independence and Impartiality The Constitutional Reform Act, Separation of Powers and Appointments The UK Supreme Court and the Grounds of Judicial Review Judicial Review and the Miller Cases

Devolution

Topic overview Devolution, Federalism and the Scottish Parliament Scotland and Wales since Devolution Northern Ireland and Power-Sharing The West Lothian Question and English Devolution The Barnett Formula, Sewel and the Impact of Devolution

Democracy and Participation

Topic overview Democracy, Legitimacy and Direct Democracy Direct and Representative Democracy Compared The Reform Acts of 1832 to 1884 and the Chartists Suffragists and Suffragettes Who Can Vote Today, and Votes at 16 Forms of Political Participation Turnout, Apathy and Proposals for Reform Partisan and Class Dealignment

Elections and Referendums

Topic overview Majoritarian and Proportional Systems The Additional Member System, STV and Other Systems The 1945 and 1979 General Elections The 1997 and 2010 General Elections Models of Voting Behaviour Leadership, Manifestos, Campaigns and the Media The Nature and Use of Referendums Regulating Referendums, and the Case For and Against

Political Parties in the UK

Topic overview Party Functions and the Conservative Party Labour: Origins, Clause IV and Structure The Liberal Democrats Party Funding and Short Money Funding Controversies, the Media and Electoral Outcomes Two-Party, Multi-Party and Dominant-Party Systems Minor Parties in UK Politics

Pressure Groups in the UK

Topic overview What Pressure Groups Are Outsider Groups, Methods and Influence Pluralism and the Democratic Balance Sheet Think Tanks, Lobbying and the Media

The UK and the European Union

Topic overview The Institutions of the European Union EU Aims and the Four Freedoms The Impact of the EU on the UK

The Constitutional Framework of US Government

Topic overview The Nature of the US Constitution Checks and Balances and Constitutional Principles Federalism and the Division of Powers Coercive Federalism and Federal-State Disputes Amending the Constitution Informal Constitutional Change and the Rights Amendments

Congress

Topic overview The Composition of Congress The Powers of Each Chamber, Leadership and Elections How a Bill Passes Congress The Power of the Purse, Oversight and Representation

The US Presidency

Topic overview The Sources of Presidential Power Signing Statements, Pardons and Informal Powers Congressional Checks on the President Term Limits, the Press and Other Constraints The US Cabinet, EXOP and the Bureaucracy The Imperial and Imperilled Presidency

The US Supreme Court

Topic overview The Composition and Tenure of the Court How a Case Reaches the Supreme Court Judicial Review and Guardian of the Constitution The Debate over the Court's Power The Warren Court and Landmark Rulings Later Landmark Rulings and Court Eras

US Elections and Direct Democracy

Topic overview Congressional Elections and Electoral College Votes The Electoral College The Invisible Primary, Primaries and Caucuses Super Tuesday, Momentum and Delegates What Decides a US Election Campaign Finance Regulation Party Coalitions and Voting Behaviour Realignment, Dealignment, Split-Ticket Voting and Turnout Direct Democracy at State Level

Political Parties in the USA

Topic overview The Ideologies of the Two Main Parties Party Traditions and Organisation Polarisation and Ideological Sorting Factionalism and the Decline or Renewal Debate Two-Party Dominance and Ballot Access Third Parties and the Spoiler Role

Pressure Groups in the USA

Topic overview Pressure Groups and Political Pluralism Think Tanks, Lobbying and Group Methods PACs and Super PACs The Revolving Door, Iron Triangles and Group Power

Civil Rights in the USA

Topic overview Civil Liberties, Civil Rights and the Bill of Rights Entrenchment, Incorporation and the Rights Amendments Landmark Rights Rulings and the Supreme Court The Civil Rights Movement Rights Groups and the Courts Contested Rights Issues Today

Comparative Politics: Theoretical Approaches

Topic overview Structural, Rational and Cultural Approaches

Constitutions and Legislatures Compared

Topic overview The Two Constitutions Compared Devolution and Federalism Compared Parliament and Congress: Powers and Chambers Committees, Scrutiny and Control of Money

The Executives Compared

Topic overview Prime Minister and President: Office, Tenure and Cabinet Executive Power over Courts, Officials and Abroad

The Judiciaries Compared

Topic overview The Two Supreme Courts: Appointment, Tenure and Powers Judicial Impact, Activism and Restraint

Electoral and Party Systems Compared

Topic overview Electing Legislatures and Executives Compared Campaign Finance, Direct Democracy and Voting Compared Party Systems and Third-Party Barriers Party Organisation and Unity Compared Minor Parties and the Ideological Spectrum

Pressure Groups Compared

Topic overview Access Points and Group Power Compared Group Methods and Targets Compared

Civil Rights Compared

Topic overview How Rights Are Protected in Each Country Security, Guns and Reforming the Rights Framework

Liberalism

Topic overview The Individual and Individualism Limited Government and Foundational Equality Classical Liberalism and the Night-Watchman State Modern Liberalism and the Continuity Debate Locke and Mill Rawls, Wollstonecraft and Friedan

Conservatism

Topic overview Human Imperfection in Conservative Thought Organic Society and Paternalism Traditional, One-Nation and New Right Conservatism The New Right: Neo-Liberalism and Neo-Conservatism Hobbes, Burke and Oakeshott Rand and Nozick

Socialism

Topic overview Common Humanity, Equality and Social Class Alienation, Common Ownership and Social Justice The Vanguard Party, Gradualism and Social Democracy Revolutionary Socialism and Social Democracy Compared Marx, Engels and Luxemburg Webb, Crosland and Giddens

NationalismIdeology

Topic overview The Nation, the State and Self-Determination Views of the Nation and Economic Nationalism Minority Nationalism State Nationalism and Nation-Building Types of Nationalism Rousseau and Herder Mazzini, Garvey and Maurras

FeminismIdeology

Topic overview Sex, Gender and Patriarchy Feminist Views of the State Liberal and Radical Feminism Socialist, Difference and Post-Feminism Perkins Gilman and de Beauvoir Millett, Rowbotham and hooks

MulticulturalismIdeology

Topic overview Multiculturalism and the Politics of Recognition Assimilation, Integration and the Melting Pot Integration and Segregation Interculturalism and Civic Integration Berlin and Kymlicka Taylor and Parekh Modood: Multiculturalism and Citizenship

AnarchismIdeology

Topic overview The Anarchist Case against the State Propaganda by the Deed and the Charge of Chaos Individualist and Collectivist Anarchism Stirner and Bakunin Goldman, Kropotkin and Proudhon

EcologismIdeology

Topic overview Ecologism, Environmentalism and Ecocentrism Sustainability and the Limits to Growth Light Greens and Dark Greens Green Consumerism, Technology and Greenwashing Leopold and Carson Schumacher, Merchant and Bookchin

The UK Judiciary

Judicial Review and the Miller Cases

3 things to know
Paper 1

Overview

Recall questions on what the courts can and cannot do to Acts and to ministerial decisions, and on the rulings of 2017 and 2019.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

Can the Supreme Court strike down an Act of Parliament?

Key term

What did the Belmarsh ruling of 2004 decide?

Key term

How does the possibility of legal challenge shape government behaviour before any case is brought?

Questions from this subtopic

Each one with the model answer underneath.

1
Can the Supreme Court strike down an Act of Parliament?
Model answer
No — parliamentary sovereignty means it can only interpret a statute or declare it incompatible with Convention rights.
2
What can the courts do to ministerial decisions and secondary legislation?
Model answer
They can quash them as ultra vires where they exceed the powers granted by the parent Act.
3
In 2017 the Supreme Court ruled the government could not begin withdrawal from the EU using prerogative powers alone. What did it require instead?
Model answer
An Act of Parliament authorising notification of the UK's intention to withdraw.
4
What did the Supreme Court decide about prorogation in 2019?
Model answer
That the prorogation of Parliament was unlawful and of no effect because it frustrated Parliament's constitutional functions without reasonable justification.
5
What did the Belmarsh ruling of 2004 decide?
Model answer
That the indefinite detention without trial of foreign terrorist suspects was incompatible with Convention rights because it was disproportionate and discriminatory.
6
How did Parliament respond to the Belmarsh ruling of 2004?
Model answer
It repealed the detention power and replaced it with control orders, showing that a declaration of incompatibility prompts a change in the law without compelling one.

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The Nature and Sources of the British Constitution

The Structure and Role of Parliament

The Prime Minister and Cabinet

The UK Judiciary

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MinisterialCabinetParliamentary

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AA US court can strike down a hostile law using the constitution.

BA UK court cannot.

CChange must come from persuading legislators.

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Veto means formal rejection of legislation.

TrueFalse

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