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Constitutional Law Revision Activity Notes - Coggle Diagram
Constitutional Law Revision Activity Notes
Order of Legislation in Parliament
First Reading, Second Reading
Committee Stage (amended here)
Public Bill Committee; or
Committee of the Whole House (uncontroversial, urgent, or constitutionally important bills)
Lords only has Whole House Committees
Report Stage
Amended bill received in Commons, MPs can raise concerns and make further amendments
Third Reading
Sent to Lords afterwards
Consideration of Amendments
Legislative Ping-Pong
Royal Assent
Enactment of Secondary Legislation - Negative and Affirmative Resolution Procedure
Note Courts can strike down secondary legislation
Negative Resolution
Procedure
Draft laid in front of Commons and Lords
Takes effect
on date stated in draft UNLESS
EITHER
House
votes to reject it within
40 DAYS
Affirmative Resolution Procedure
Draft laid before Commons and Lords
BOTH
Houses must
vote in FAVOUR
for it to take effect
Note: Parliament Acts don't apply to secondary legislation - Lords can block it indefinitely
Domestic Ratification of International Treaties
For an international treaty to have domestic effect, the government must
lay the draft before Parliament
Can be ratified if
NEITHER Lords nor Commons
vote
AGAINST
it within 21 days
If they do vote against, government can explain why it wants to ratify ->
21 days
for
COMMONS to vote against
. If Commons
doesn't vote against
, it
passes
Parliament can ignore this procedure in
exceptional cases
Grounds for Judicial Review
Error of law
Remember, ouster clauses only apply when the decision was itself made lawfully, in line with the idea the Courts will interpret Parliament's Acts as complying with the Rule of Law
Specific legal duty (eg Public Sector Equality Duty) has been violated
Unlawful delegation of power
Irrelevant considerations were made
Ultra vires
Common Law Duties and Rights
NO
general
Duty to Consult
,
UNLESS
Statutory
duty
Promise to consult
exists
Established practice of consultation
exists
Exceptionally, when
failure to consult would lead to unfairness
NO
general
Duty to Give Reasons
, unless:
The subject matter or interest is
important
(eg personal liberty)
If a decision appears
aberrant
, give reasons so it can be challenged (eg very poor civil service severance payment)
YES
general
Right to Be Heard
Depends on scenario; eg when a right is removed from a person, they have a
right to respond to the case against them
Vs when a right is refused; fewer Rights to be Heard
Yes
general
Rule Against Bias
Actual bias
Automatic disqualification - (financial interest OR close non-financial interest)
Apparent bias - whether
fair-minded observer, based on facts
, would conclude
a real possibility of bias
existed
Remedies under the HRA
Same as judicial review, but at its discretion
Quashing, Mandatory, Prohivitory orders
Injunctions
Declarations of unlawfulness
Damages if available in the case
Equality Act - Types of Discrimination
Direct
Indirect
Harassment
Person is subject to
unwanted behaviour
that makes them feel humiliated, degraded, or uncomfortable.
*NEVER JUSTIFIABLE
Victimisation
Person is penalised for making a complaint or helping another make a complaint
King's Peace
Police have duty to maintain King's peace on both private and public property
Breach occurs when:
Person
genuinely fears harm to themselves
or their
property
in their presence
Harm
has
actually been done
to a
person
or
property
in their presence
Harm is
likely to be done
to a
person
or
property
in their prseence
Mere insults insufficient; must make person believe they're at imminent risk of assault/actual physical conduct
Police officer can take
reasonable steps
to
terminate
an ongoing breach OR
prevent
a
likely one
that is
IMMINENT
, including arrest, or forcing entry into private premises
Protests
Trespassory Assemblies
Police can also
Stop anyone they reasonably believe is on their way to a banned trespassory assembly
, direct them to
not attend
, and
arrest them
if they try
Criminal Offence; organise, participate in, or incite others to take part in, a trespassory assembly
Are assemblies with:
20 or more persons
On land the public have no, or only limited, rights of access
Which are likely to be held without occupier's permission, or exceed permission granted by right of public access
May result in
serious disruption
to
life of community
,
damage to land
, or
buildings
, or
monuments of importance
Note this also covers protests on public highways as this exceeds permission of highway land
CHIEF CONSTABLE
must
APPLY TO BAN
all such trespassory assemblies
London: Apply to
Home Secretary
Outside of London: Apply to Local
Council
Public Processions
Notice
to
police
required when:
Demonstrate support or opposition to a view or action.
Publicize a cause or campaign.
Mark or commemorate an event (
unless it's impracticable to give notice
).
Notice must:
Be given
6 CLEAR DAYS BEFORE
procession
Or if this is not possible,
as soon as is reasonably practicable
Date, time, route of procession
Name and address of organiser
If notice requirements not met, organiser can be fined
Be given to
local police station
of area procession will be held in
Exceptions
to requirement to give notice
Processions customarily held
(eg Remembrance Sunday)
Funeral directors acting in the course of their business
Police CAN impose any conditions necessary
IF
Must be imposed by
senior police officer
(most senior at march or the
Chief Constable
)
Serious public disorder
,
damage
, or
DISRUPTION TO LIFE OF COMMUNITY
'Serious Disruption to the Life of the Community'
This includes:
Delays
in
delivery
of
time
-
sensitive
products
.
Disruption of access to essential services
like:
Money, food, energy, water.
Communication systems.
Places of worship, transport, health services, or education.
Purpose of procession is
intimidation
intended to
compel others to act
or not act in a certain way.
NOISE
Causing
serious disruption to organizations or people
in the
area
.
Noise
should not prevent organizations from operating or cause significant distress
,
intimidation
, or
harassment
to
nearby
people.
Conditions Police can Impose:
ANY conditions that appear NECESSARY
to prevent disorder, damage, disruption, impact, or intimidation
Including entirely changing the route of the procession or EXCLUDING IT FROM PUBLIC SPACE
Police can BAN IF:
For up to
3
months
if
no other conditions are sufficient to prevent serious disorder
that they cannot prevent the public procession from resulting in serious disorder.
Outside of London, made to
local council
In London, the ban application is made to the
Home Secretary
.
Application by
Chief Constable
Criminal offences and public processions
Breaching a
condition
that was
known
or
should reasonably have been known
Subject to defence that the
breach was due to circumstances beyond their control
Public Assemblies
2 or more persons in a
public place
in
partially or fully open air
Police can impose conditions IF (SAME AS PUBLIC PROCESSIONS)
Noise
Intimidation
Disorder, damage to property, disruption to life of community
Conditions can be any
proportionate
restrictions
necessary
to prevent the conditions from being breached from
SENIOR POLICE OFFICER
(same as for public processions)
If the police cannot deal with simply conditions on the protest with their force's size, they can
apply to ban it if it is a trespassory assembly