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  7. Constitutional Law

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Parliament/Legislature

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- functions and powers of parliament (law-making, control of executive, etc) - structure of parliament - senates (role, security of tenure, efficacy, senate reform) & relevant cases - parliamentary privileges (what they are, their necessity, their relation to separation of powers and constitutiona...

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  • July 10, 2017
  • 10
  • 2016/2017
  • Class notes
  • Unknown
  • Constitutional law

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Constitutional Law Parliament
Functions and Powers of Parliament
• law making of statutes and legislations
• sec48 (1) ja constitution: subject to the provisions of this constitution, parliament
may make laws for the peace, order, and good governance of Jamaica
• it has the power to make laws which when validated, must be obeyed by all of
society
• it must be noted that any law made by the legislature cannot be law unless it was
signified by the head of state
• control of the executive and review of their functions (i.e. check and balance)
• the cabinet shall be the principal instrument of policy and shall be charged with
the general direction and control of the govt of Jamaica and shall be
collectively responsible therefor to parliament
• enabling procedures of governance in specific areas
• supervision of public expenditure (i.e. taxation)

General Functions of Parliament
1. law-making
• parliament may make laws for the peace, order, and good governance of…
• enjoys control of its own proceedings (symonette)
• can by law determine its own privileges
2. control of executive
• responsible govt - the cabinet is collectively responsible to parliament
• vote of no-confidence, most valuable tool (brantley v martin)
• provide personnel for ministerial offices
• provide the legislative mechanism by which the executive implements the
measures it desires
• makes rules and laws indicating how the goals established by the
executive are to be achieved
3. authorization for taxation and approval of govt expenditure (BCB Holdings)




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