CL

Question 1

The UK courts can’t strike down an Act of Parliament because of _____.

A. the Rule of Law
B. Parliamentary Sovereignty
C. The Royal Prerogative

Answer 1

B. Parliamentary Sovereignty

Note: Under the doctrine of parliamentary sovereignty, Acts of Parliament are the highest source of law. It follows that the courts cannot strike down the legislation.

Question 2

What are the features of the Constitution?

Answer 2

Features of Constitution
- Uncodified
- Several sources
- Unentrenched
- Parliamentary Sovereignty
- No striking down
- Union State
- Devolution
- Parliamentary system

Question 3

Parliament may make any law on any subject.

A. True
B. False

Answer 3

True

Under the doctrine of parliamentary sovereignty, Acts of Parliament are the highest source of law, and Parliament can adopt legislation on any subject.

Question 4

Enrolled Bill Rule

Answer 4

• Cannot question
• ANY legislation
• If passed in both Houses
• And granted Royal Assent

Question 5

The courts have no power to strike down Acts of Parliament, even Acts that are clearly unconstitutional.

A. True
B. False

Answer 5

True

Because Acts of Parliament are the highest source of law, a court cannot strike down an Act, even if it is ‘unconstitutional’.

Question 6

What are the rule of law Protections ?

Answer 6

Rule of Law Protections

• Meant to prevent retrospective laws - Requires accessible, intelligible, clear and predictable laws
• Requires a method of resolving disputes without too much cost or delay
• Requires access to courts and fair decisions
• Requires judicial review of government decisions

Question 7

No one can set aside an Act of Parliament.

A. Parliamentary Sovereignty

B. Rule of Law

C. Separation of Powers

Answer 7

A. Parliamentary Sovereignty

Question 8

The courts provide a check on the government through judicial review.

A. Parliamentary Sovereignty

B. Rule of Law

C. Separation of Powers

Answer 8

C. Separation of Powers

Question 9

There should be a method of resolving disputes without disproportionate cost or delay.

A. Parliamentary Sovereignty

B. Rule of Law

C. Separation of Powers

Answer 9

B. Rule of Law

Question 10

There should be no punishment without a breach of a specific law.

A. Parliamentary Sovereignty

B. Rule of Law

C. Separation of Powers

Answer 10

B. Rule of Law

Question 11

The bill is scrutinised line-by-line.

A. First Reading

B. Second Reading

C. Committee Stage

D. Report Stage

E. Third Reading

F. Consideration of Amendments

Answer 11

C. Committee Stage

Question 12

The bill is received from the committee

and is reconsidered in the chamber.

A. First Reading

B. Second Reading

C. Committee Stage

D. Report Stage

E. Third Reading

F. Consideration of Amendments

Answer 12

D. Report Stage

Question 13

The bill is first debated.
A. First Reading

B. Second Reading

C. Committee Stage

D. Report Stage

E. Third Reading

F. Consideration of Amendments

Answer 13

B. Second Reading

Question 14

Addendum - Please note that the English Votes for English Laws rule has been abolished from July 2021, and now all MPs can vote on laws relating to England only.

Answer 14

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Question 15

What English Votes for English laws?

Answer 15

English Votes for English laws

• Extra stage in the legislative process, between the Report Stage and the Third Reading
• If certified, only MPs for English constituencies can vote on a provision
• If rejected, then more debated and amendments

Question 16

If Lords Block a Bill that was passed by Commons

Answer 16

If Lords Block a Bill that was passed by Commons

• In two sessions - With a year between
• Second reading in first session
• And the third reading in the second session - Bill can still be sent for Royal Assent

Question 17

Under the Parliament Acts 1911-1949, the House of Commons will grant a second reading to a bill and not block it if the bill is implementing a manifesto commitment of the party elected into government.

True
False

Answer 17

False

This statement is false because it refers to the Salisbury Convention, not the Parliament Acts 1911-1949. It is also false because the Salisbury Convention applies to the House of Lords, not the House of Commons.

Question 18

Under the negative resolution procedure, a draft of secondary legislation will be laid before the House of Commons and House of Lords, and will take effect _____ by either House within _____ days of being laid.

A. if approved; 40
B. if approved; 50
C. unless rejected;40
D. unless rejected; 50

Answer 18

C. unless rejected;40

The negative resolution procedure is a negative process. Thus, unless either House rejects the draft of secondary legislation within 40 days of being laid, it will take effect.

Question 19

_____ can be struck down by the courts because it is made by _____.

A. an Act of Parliament; Parliament
B. Secondary legislation; the government;
C. Secondary legislation; Parliament

Answer 19

B. Secondary legislation; the government;

The courts cannot strike down Acts of Parliament under the doctrine of parliamentary sovereignty. But because secondary legislation is passed by the government under the authority of Acts of Parliament, the courts can strike down secondary legislation.

Question 20

The ‘Henry VIII powers’ allow the government to amend _____ through _____.

A. Acts of Parliament; Acts of Parliament
B. Acts of Parliament; secondary legislation
C. secondary legislation; Acts of Parliament

Answer 20

B. Acts of Parliament; secondary legislation

The ‘Henry VIII powers’ are a source of secondary legislation. These powers enable the government to amend Acts of Parliament—usually in minor ways— through secondary legislation to facilitate an Act.

Question 21

Government may not create new prerogative powers, but neither can Parliament take them away.

True
False

Answer 21

It is true that government may not create any new prerogative powers, but because of parliamentary sovereignty, Parliament may take away or limit prerogative powers.

Question 22

What are the 4 Principles of the Royal Prerogative?

Answer 22

Principles of the Royal Prerogative

• No new prerogative powers
• Statute prevails over prerogative
• Cannot be used to thwart the intention of Parliament
• Cannot be used to change the law
• Statute binds Crown only if by express terms or by necessary implication

Question 23

Constitutional Reform and Governance Act 2010

Answer 23

Constitutional Reform and Governance Act 2010

• To ratify an international treaty government must lay (publish) it in both Houses
• The government can ratify the treaty if neither House votes against ratification within 21 days
• if either House votes against the treaty, further debate can follow

Question 24

Under the Constitutional Reform and Governance Act 2010, an international treaty is ratified if approved by both the House of Commons and the House of Lords within 21 days of being laid before Parliament.

True
False

Answer 24

False

Under the Constitutional Reform and Governance Act 2010, an international treaty must be laid in the House of Commons and House of Lords. If neither House votes against ratification within 21 days, the government may ratify the treaty.

Question 25

What are The Cardinal Convention ?

Answer 25

The Cardinal Convention

• Monarch must act on the advice of ministers
• But Monarch has right to be consulted, to encourage, and to warn - Occurs through weekly meetings between Monarch and Prime Minister

Question 26

What are Consequences of Hung Parliament ?

Answer 26

Consequences of Hung Parliament

• Prime Minister remains until confidence in the Commons is lost
• Monarch not involved
• Parties negotiate who forms the next government - With agreement, the Prime Minister resigns if necessary
• Monarch appoints person with the confidence of the Commons

Question 27

One principle of the royal prerogative is that statutes bind the Crown _____.

A. only by express terms
B. only by implication
C. only by express terms or by implication

Answer 27

C. only by express terms or by implication

Statutes do not bind the Crown unless they expressly say so or by necessary implication.

Question 28

Under the Cardinal Convention, the Monarch _____.

A. has the discretion to ignore the advice of her ministers
B. must accept the advice of her minsters
C. lost the right to consult with ministers

Answer 28

B. must accept the advice of her minsters

The Monarch has the right to “be consulted, the right to encourage, and the right to warn” the government, but, ultimately, under the Cardinal Convention, she must always accept the advice of her ministers.

Question 29

Which of the following best reflects the position regarding the appointment of the Prime Minister?

A. By convention, the Monarch should choose an MP who can command the confidence of the House of Commons

B. By convention, the Monarch should choose a member of the House of Lords who can command the confidence of the Lords

C. By Act of Parliament, the Monarch must choose an MP who can command the confidence of the House of Commons

D. By Act of Parliament, the Monarch must choose a member of the House of Lords who can command the confidence of the Lords

Answer 29

A. By convention, the Monarch should choose an MP who can command the confidence of the House of Commons

The Monarch exercises her royal prerogative by appointing the Prime Minister, but this is regulated by the constitutional convention that the Monarch should appoint an MP who can command the confidence of the House of Commons.

Question 30

What is the consequence of an election in which no party wins a majority of the seats in the House of Commons?

A. The Prime Minister must resign and the Monarch will select a new Prime Minister

B. The Prime Minister must resign and Parliament will vote on who should be appointed.

C. The Prime Minister will remain in office until it is clear that they have lost the confidence of the House of Lords

D. The Prime Minister will remain in office until it is clear that they have lost the confidence of the House of Commons

Answer 30

D. The Prime Minister will remain in office until it is clear that they have lost the confidence of the House of Commons

If, after an election, no party has an overall majority of the seats in the House of Commons (that is, a Hung Parliament), the Prime Minister remains in office until it is clear that they have lost the confidence of the House of Commons. Since the Prime Minister remains in office, (A) and (B) are incorrect. (C) is incorrect because it does not matter whether the Prime Minister has the confidence of the House of Lords.

Question 31

What are Powers of the Prime Minister ?

Answer 31

Powers of the Prime Minister

• Organisation of government and civil service
• Constitutional role
• Security and Intelligence
• Deploying armed forces
• International relations

Question 32

Can a Secretary of State delegate their decision-making power to civil servants if the Act giving the Secretary of State the power to decide is silent on the matter of delegation?

Yes
No

Answer 32

Yes.

Under the Carltona Doctrine, the powers granted to a Secretary of State by an Act of Parliament can be exercised by civil servants within the Secretary’s department.

Question 33

Exam Tip For overseas appeals, look for Judicial Committee as a correct answer

Answer 33

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Question 34

What are the Keys of Collective Responsibility?

Answer 34

Keys of Collective Responsibility

• Confidentiality: Discussion with the government on policy is confidential
• Unanimity: All ministers must support government policy in Parliament and in public

Question 35

Under the concept of _____, a minister who feels they cannot support a government policy in Parliament and before the public must _____.

A. individual responsibility; give an account
B. unanimity; give an account
C. Unanimity; resign
D. individual responsibility; resign

Answer 35

C. Unanimity; resign

Ministers must support government policy before Parliament and the public under the concept of unanimity, one of the elements of collective responsibility. If a minister feels they cannot meet this obligation, they must resign. Thus, (B) is incorrect. (A) and (D) are incorrect because ministers are obligated under collective responsibility, not individual responsibility, to support government policy before Parliament and the public. (A) is also incorrect because the minister must resign in this situation, not give an account.

Question 36

Remember

Answer 36

Policy failure = Take responsibility Operational failure = Give an account

Question 37

Generally, for policy failures, a minister is required to _____, and for operational failures, a minister is required to _____.

A. give an account; take responsibility
B. take responsibility; give an account
C. take responsibility; resign

Answer 37

B. take responsibility; give an account

A view has emerged that when there is a policy failure within a minister’s department, the minister must take responsibility, but when there is an operational failure, the minister must give an account (as well as take steps to ensure that the failure does not occur again).

Question 38

During the time for questioning of ministers, a minister may be questioned on any matter.

True
False

Answer 38

False

Ministers may only be questioned on matters relating to their department. Further, certain categories of questions are not allowed.

Question 39

During the Prime Minister’s Question Time (‘PMQs’), the Prime Minister must answer questions from MPs of all political parties.

True
False

Answer 39

True

MPs from all political parties may ask questions during PMQs, although remember that the Leader of the Opposition is entitled to six questions.

Question 40

If a minister knowingly misleads Parliament, then that minister is expected to _____.

A. give an account and resign
B. inform Parliament of the matter and give an account
C. inform Parliament and resign

Answer 40

C. inform Parliament and resign

A minister that knowingly misleads Parliament would be expected to inform Parliament of the matter and resign (not merely inform Parliament of the misleading information and give an account). Further, ministers are expected to give an account only for operational failures.

Question 41

Is it true that ministers need only respond to oral questions?

Yes
No

Answer 41

NO

Written questions can be submitted to ministers at any time, and the relevant department is expected to provide a response within seven days.

Question 42

Devolution is

Answer 42

n. 1) the transfer of title to real property by the automatic operation of law. 2) n. the transfer of rights, powers or an office (public or private) from one person or government to another.

Question 43

THE SEWEL CONVENTION

Answer 43

THE SEWEL CONVENTION
* Devolved legislature needs to consent
*Consent given via legislative consent motion
If consent refused,
*UK Parliament may still legislate because of… parliamentary sovereignty

Question 44

Which of the following is not a limitation on the lawmaking power of the devolved legislatures?
* A. The European Convention on
Human Rights
* B. Legislative Competence
* C. The Sewel Convention

Answer 44

• C. The Sewel Convention

The Sewel Convention is a limit on the lawmaking power of the UK Parliament (not the devolved legislatures), in that the UK Parliament normally will not legislate on a devolved matter without the devolved legislature’s consent. On the other hand, the devolved legislatures cannot legislate contrary to the European Convention on Human Rights. Moreover, they cannot legislate beyond their legislative competence. Thus, (A) and (B) are incorrect.

Question 45

Judicial review claims give courts an opportunity to weigh in on the merits of a public authority’s decision.

True
False

Answer 45

False

Judicial review concerns whether the public authority’s decision was lawful—for example, whether proper procedures were followed—not whether it was correct.

Question 46

If an application for judicial review is brought within the three-month time limitation, a court will always find it to be timely.

True
False

Answer 46

False

A claim for judicial review must be brought promptly, but no later than three months after the issue arose. Even if the application is brought within the three-month time limitation, a court could still refuse to hear the claim if it was not brought promptly.

Question 47

PROCEDURAL EXCLUSIVITY
RULE

Answer 47

PROCEDURAL EXCLUSIVITY
RULE
* Judicial review available only for public law issues; and
* Judicial review must be used for public law issues
* Exception: If case involves public law and private law issues, can be resolved in private law

Question 48

TO HAVE STANDING FOR JUDICIAL REVIEW, CLAIMANT NEEDS

Answer 48

TO HAVE STANDING FOR JUDICIAL REVIEW, CLAIMANT NEEDS
* A sufficient interest
* Normally at the permission stage
Or else the court will reject the claim

Question 49

TESTS FOR STANDING

Answer 49

TESTS FOR STANDING
Judicial review = Sufficient interest test
Human rights cases = Victim test

Question 50

If a devolved legislature does not consent to the UK Parliament legislating on a devolved matter, may the UK Parliament still pass the legislation?
* A. No, because the UK Parliament may not legislate on a devolved matter.
* B. Yes, because of parliamentary sovereignty.
* C. No, because the UK Parliament may not legislate on a devolved matter without the devolved legislature’s consent.

Answer 50

• B. Yes, because of parliamentary sovereignty.

Under the Sewel Convention, if the UK Parliament wishes to legislate on a matter devolved to Scotland, Wales, or Northern Ireland, it needs to seek the devolved legislature’s consent. However, even if the devolved legislature refuses consent, Parliament can still legally pass the legislation under the principle of parliamentary sovereignty. (A) is incorrect because the UK Parliament can legislate on a devolved matter, and (C) is incorrect because the UK Parliament may do so even without the devolved legislature’s consent.

Question 51

The standing test for judicial review claims is
A. more restrictive than
B. less restrictive than
C. equally restrictive as

Answer 51

less restrictive than

The standing test employed for judicial review claims, the ‘sufficient interest’ test, is less restrictive than the ‘victim’ test used for human rights cases.

Question 52

Judicial review claims involving issues of both private and public law can be resolved in private law.
A. True
B. False

Answer 52

True

Under the procedural exclusivity rule, judicial review is only available for public law issues, and it must be used to resolve such issues. But as an exception, a case involving both public and private law issues can be resolved through the procedures available in private law.

Question 53

A restaurant owner brings a judicial review claim asking the court to determine whether it would be legal for the local authority to revoke the claimant’s restaurant licence. The claim is most likely - under judicial review.
A. reviewable
B. not reviewable

Answer 53

not reviewable

The courts will entertain judicial review claims only if they involve a live controversy rather than a hypothetical dispute. Here, the restaurant owner is asking the court to resolve a hypothetical issue, that is, whether it would be legal for the local authority to revoke the licence. Because this has yet to occur, the court will likely refuse to review the claim.

Question 54

A local authority revokes a restaurant owner’s licence on the grounds that the conditions in the restaurant are unsanitary. The owner brings a judicial review claim disputing the local authority’s finding that the restaurant is unsanitary. The claim is most likely
under judicial review.
A. reviewable
B. not reviewable

Answer 54

not reviewable

Judicial review cannot be used to resolve factual disputes. Because the owner here is contesting the local authority’s factual finding, the claim is likely not reviewable under the judicial review procedure.

Question 55

EXAM TiP
For ouster clauses, look for answer choice allowing courts to review underlying legality of the decision

Answer 55

…

Question 56

PUBLIC SECTOR
EQUALITY DUTY

Answer 56

PUBLIC SECTOR
EQUALITY DUTY
* Public authorities must show
‘due regard’ for equality issues
* Equality issues include:
- Eliminating discrimination
- Equalising opportunity and promoting good relations
- Reducing disadvantages
‘*Due regard’= considered eliminating discrimination in making decision

Question 57

A local council has the statutory power to demolish abandoned buildings within a specified area on the condition that the area be re-developed using public funds. The local council begins demolishing buildings within the area and then raises funds from private companies to re-develop the area.

A. Ultra vires

B. Irrelevant consideration

C. Unlawful delegation of power

Answer 57

A. Ultra vires

This is a case of a public authority acting ultra vires (that is, outside of its powers). The local council had the authority to re-develop the demolished area using only public funds. Here, it has used private funds to do so. (B) and (C) are incorrect because there is no indication that the local council made any irrelevant considerations or delegated any power, respectively.

Question 58

An Act of Parliament allows a local authority to form a commission with the purpose of issuing café operating licences. The Act permits only publicly elected officials to sit on the commission. The local authority fills the commission with non-elected, private citizens.

A. Ultra vires

B. Irrelevant consideration

C. Unlawful delegation of power

Answer 58

C. Unlawful delegation of power

This case is an example of an unlawful delegation of power. The Act of Parliament specified who can sit on the commission and issue the café licences (that is, publicly elected officials), and the local authority exceeded that authority by delegating this decision-making power to non-elected, private citizens.

Question 59

RIGHT TO BE HEARD

Answer 59

RIGHT TO BE HEARD
* Involves the right to argue one’s case
* For removal of rights, a hearing can be required
* Less is required if something to be gained

Question 60

time and the application is rejected, would that person be entitled to a hearing to contest the rejection?
* Yes
O No

Answer 60

No

The common law right to be heard guarantees certain procedural protections, depending on the situation. In an application case, such as, here, applying for a licence for the first time, the right to be heard does not guarantee a hearing.

Question 61

APPARENT BIAS PRESENT IF

Answer 61

APPARENT BIAS PRESENT IF
* A fair-minded and informed observer
* with knowledge of the facts
* Would conclude there was a real possibility of bias

Question 62

DUTY TO CONSULT

Answer 62

DUTY TO CONSULT
* Promised

• Established practice
• Failure to consult would be conspicuously unfair

Question 63

UNREASONABLENESS/ IRRATIONALITY

Answer 63

UNREASONABLENESS/ IRRATIONALITY
* A decision is so outrageous in
- Logic or
- Accepted moral standards
* That no sensible person could have reached it

Question 64

REMEDIES

Answer 64

REMEDIES

Quashing Order: Voids original decision
Mandatory Order: Requires authority to act in certain way
- Prohibiting Order: Orders authority not to do something
- Injunction: Prevents authority from acting in certain way
Declaration: Declares the legal position

Question 65

A local authority has the statutory power to maintain the roads within its jurisdiction “in order to ensure the safety of motorists.” The local authority decides to re-construct a portion of road using certain materials after finding those materials to be the least expensive. Under which component of illegality would this case fall?
O A. Procedural impropriety
O B. Unlawful delegation of power
O c. Irrelevant consideration

Answer 65

O c. Irrelevant consideration

This is an example of an irrelevant consideration. The local authority had the power to maintain the roads to ensure motorist safety. But when it chose the materials to re-construct the roads, it considered only its cost, not whether it would promote safety. That is, it took into consideration an irrelevant consideration (cost) while ignoring a relevant consideration (safety). (A) is incorrect because procedural impropriety is not a component of illegality, but rather a completely separate ground for judicial review. (B) is incorrect because the local authority has not delegated any power.

Question 66

If a claimant prevails on a judicial review claim, the claimant is entitled to a remedy.
O True
O False

Answer 66

False

Even if a claimant prevails on a judicial review claim, the court has discretion over whether to award a remedy. In particular, the court may refuse a remedy if it determines that a remedy would not make a difference or that it would cause difficulties to a third party.

Question 67

If a court orders a public authority to retake its decision, the public authority must reach a different conclusion.
O True
O False

Answer 67

False

If a claimant prevails on their judicial review claim, the court can order the public authority to retake its decision, and to do so lawfully. However, this remedy does not guarantee that the public authority will reach a different conclusion.

Question 68

A public committee is deciding who should build a new bus station, and it contracts with a local construction company to do the job. An employee of the construction company is the neighbor of one of the committee members. Should the committee member have been automatically disqualified from being involved in the decision?
O Yes
O No

Answer 68

No

Under the automatic disqualification rule, government officials are automatically disqualified from making decisions if the official has a financial interest in the decision. In this case, the committee member has no apparent financial interest in the decision. The committee member’s only connection to the construction company is that the committee member’s neighbor works for the company.

Question 69

The government promises a government employee that she will receive a pension after retiring. If a court determined that a legitimate expectation arose in these circumstances, would the court consider it to be procedural or substantive?
O Substantive
O Procedural

Answer 69

O Substantive

This would be an example of a substantive legitimate expectation. Whereas a procedural legitimate expectation concerns how a decision is made, a substantive legitimate expectation concerns entitlement to a particular right (like, here, entitlement to the pension).

Question 70

HUMAN RIGHTS AcT 1998
Incorporates European
Convention on Human Rights into UK law

Answer 70

…

Question 71

USUAL STRUCTURE OF QUALIFIED RIGHT
* Identifies the right
* Provides aspects of the right
* Provides circumstances for limiting

Answer 71

…

Question 72

A Convention right which can be limited only under the circumstances stated in the ECHR article is a(n):
Answer absolute right was Incorrect. Feedback provided: If the article specifies the circumstances under which the right can be limited, it is a limited right. In contrast, an absolute right can never be limited, while a qualified right can be limited by the state to pursue legitimate interests stated in the article. Answer limited right was Correct.

A. absolute right
B. limited right
C. qualified right

Answer 72

B. Limited right

A Convention right which can be limited only under the circumstances stated in the ECHR article is a(n):
Answer absolute right was Incorrect. Feedback provided: If the article specifies the circumstances under which the right can be limited, it is a limited right. In contrast, an absolute right can never be limited, while a qualified right can be limited by the state to pursue legitimate interests stated in the article. Answer limited right was Correct.

Question 73

PROPORTIONALITY TEST

Answer 73

PROPORTIONALITY TEST
* Restriction must be necessary to achieve the objective. Ask:
- Is limitation justified by object of policy and legitimate aim?
- Is restriction rationally connected to and designed to meet objective?
- Is interference no more than necessary?

Question 74

Which of the following statements best describes the ‘margin of appreciation’?
A. Under certain circumstances, the court will give discretion to the government when limiting rights under the ECHR.
B. Under any circumstance, the court will give discretion to the government when limiting rights under the ECHR.
C. Under no circumstance will the court give discretion to the government when limiting rights under the ECHR.

Answer 74

A. Under certain circumstances, the court will give discretion to the government when limiting rights under the ECHR.

When the government limits qualified rights, the court will give discretion to the government if the member states of the ECHR vary in their approach on the issue. But if the members take a common approach on the issue, the court will not give discretion to the government and instead will apply the proportionality test.

Question 75

MARGIN OF APPRECIATION

Answer 75

MARGIN OF APPRECIATION
* State is given leeway when restricting qualified rights
- If country approaches vary, states have some leeway re interference
- If there’s a common approach, full
proportionality test is used

Question 76

DECLARATION OF INCOMPATIBILITY

Answer 76

DECLARATION OF INCOMPATIBILITY
* Issued if legislation
- Does not comply with convention rights; and
- Can’t be interpreted to make it comply
Doesn’t invalidate legislation
* Instead signals Parliament and Government to address the issue

Question 77

What is the effect of a declaration of incompatibility?
A. renders the incompatible law invalid.
B. Does not affect the status of the law
but signals Parliament that they should reconsider.
C. Suspends the incompatible law until
Parliament can address the issue.

Answer 77

B. Does not affect the status of the law
but signals Parliament that they should reconsider.

Due to the principle of parliamentary sovereignty, a declaration of incompatibility will not invalidate or suspend the legislation. Rather, the declaration serves as a signal to Parliament to address the issue.

Question 78

THE VICTIM TEST
Only those directly affected by an act or decision of a public authority can challenge it

Answer 78

…

Question 79

A woman who is fired from her job with a government agency claims her termination violated a Convention right. Can a union representing government employees bring a claim against the employer under Section 6 on the woman’s behalf?
O Yes
O NO

Answer 79

No

To bring a claim under Section 6 of the HRA, the claimant must satisfy the ‘victim’ test—the claimant must have been ‘directly affected’ by the act in question. Since the union was not ‘directly affected’ by the firing, its claim cannot proceed.

Question 80

If a party prevails on a claim under Section 6 of the HRA that a public authority acted contrary to Convention rights, must the court award a remedy?
O ves
O NO

Answer 80

No

Like judicial review claims, the court has discretion over awarding a remedy for a Section 6 claim. The court may grant relief that is within its powers and that it considers just and appropriate.

Question 81

FREEDOM FROM DISCRIMINATION (ARTICLE 14)
Bars discrimination involving rights/freedoms of the
Convention based on sex, race, national origin, etc.

Answer 81

…

Question 82

If the UK government interferes with a qualified right and the member states have taken a varied approach on the question at issue, how will the court likely apply the margin of appreciation?
O A. By giving discretion to the government on the interference.
O B. By applying the proportionality test.
O c. By giving no discretion to the government.

Answer 82

A. By giving discretion to the government on the interference.

If the state interferes with a qualified right and there is a varied approach among the member states concerning how the states may limit that right, the court will afford discretion to the state over the extent to which the right can be restricted. (B) and (C) are incorrect because the court is more likely to apply the proportionality test (meaning it will afford no discretion to the government) if the member states have taken a common approach on the issue.

Question 82

The Equality Act 2010 allows for freestanding claims of discrimination, whereas a claim under Article 14 of the European Convention on Human Rights must involve the breach of another Convention right.
O True
O False

Answer 82

True

A claim under Article 14 must be connected to another Convention right, unlike the Equality Act 2010.

Question 84

Which of the following is not a public authority under Section 6 of the HA?
O The Secretary of State
O A local council
O The House of Commons

Answer 84

The House of Commons

The House of Commons and the House of Lords are expressly excluded from Section 6’s definition of a ‘public authority’.

Question 85

In certain situations, the member states of the ECHR are allowed to not follow the Convention rights
O True
O False

Answer 85

True

The member states can ‘derogate’ from some, but not all, of the ECHR articles, and only in certain cases. They may do so only in the event of war or a public emergency threatening the life of the nation, and only to the extent strictly required by the situation.

Question 86

The ‘victim’ test allows for representative standing.
O True
O False

Answer 86

False

Unlike the sufficient interest test, which is used for judicial review, the ‘victim’ test used in human rights cases does not permit representative standing.

Question 87

To determine whether a restriction on a qualified right is proportional, one of the questions a court must ask is whether _-
O A. the interference with the right is no more than necessary to achieve the aim of the restriction
O B. the restriction is so outrageous that it cannot be considered lawful
O c. the restriction would shock the public conscience

Answer 87

A. the interference with the right is no more than necessary to achieve the aim of the restriction

A restriction on a qualified right must satisfy the three-prong proportionality test, which includes the prong stated in (A). (B) is incorrect because it refers to the analogous unreasonableness test, which is used for judicial review claims. (C) is incorrect because the courts don’t consider that issue under the proportionality test.

Question 88

BREACH OF THE PEACE

Answer 88

BREACH OF THE PEACE
When someone becomes genuinely fearful of harm to self or property due to disturbance, assault, etc.; or
If harm was done or is likely to be done

Question 89

NOTICE REQUIRED IF
PROCESSION INTENDS TO

Answer 89

NOTICE REQUIRED IF
PROCESSION INTENDS TO
* Show support for or against views or actions
* Publicise a cause or campaign or
* Mark or commemorate event

Question 90

NOTICE REQUIREMENTS FOR PROCESSIONS

Answer 90

NOTICE REQUIREMENTS FOR PROCESSIONS

• Give six clear days before procession, if possible
• If not possible, give notice as soon as practicable
• Provide to police station in area of procession
• Provide date, time, route, and name/address of an organiser

Question 91

Which of the following is not a requirement for a notice of a public procession?
O The notice must be given six clear days before the date of the procession.
O The notice must be delivered to the police.
O The notice must state the time and route of
the procession.
* The notice must state the estimated duration of the procession.

Answer 91

The notice must state the estimated duration of the procession.

For a public procession, the notice must state the time and route of the procession (along with the date and the name and address of one of the organisers), and it must be delivered to the police at least six clear days before the procession. However, the notice need not provide the procession’s estimated duration.

Question 92

CONDITIONS ON PUBLIC
ASSEMBLIES

Answer 92

CONDITIONS ON PUBLIC
ASSEMBLIES
* Allowed if officer believes:
- There may be serious disorder or damage or
- Assembly was designed to intimidate
* Conditions must be
- Proportionate and
- Necessary

Question 93

A group of three people stand in the middle of a town square and silently hold signs that criticise the government. Could the police impose a condition on this assembly?

Yes,
No.

Answer 93

No

The police may impose conditions on a public assembly (which would include this gathering) only if the police reasonably believe that the assembly will cause serious public disorder, serious damage to property or to the life of the community, or is designed to intimidate. Since the people here are standing quietly in the town square, the police could not have any such reasonable belief.

Question 94

TRESPASSORY ASSEMBLIES

Answer 94

TRESPASSORY ASSEMBLIES
* Involve 20 or more persons
* On land normally not open to public
* Held without permission of occupier or exceeds
permission or right of public access and
* May damage or disrupt community or significantly damage important land or important buildings

Question 95

The police receive a tip that a blue van carrying six individuals will be driving into central London and the individuals plan to throw bricks at the windows of different businesses as part of a protest. Police officers spot a blue van matching the van description on The Strand heading towards Trafalgar Square. The police stop the van and arrest the occupants. Could the officers validly make such an arrest to keep the Queen’s Peace?
O A. Yes, because they may make an arrest to prevent a breach of the peace.
O B. No, because they may not arrest a person to prevent a breach of the peace.
O C. No, because no breach of the peace was imminent.

Answer 95

No, because no breach of the peace was imminent.

A breach of the peace occurs, in part, when harm has been done or is likely to be done to a person or property in their presence. The police can take reasonable steps (including arrest) to stop a breach of the peace that is likely to occur, but only if it is ‘imminent’ (meaning about to happen). The property damage that the protesters plan on inflicting does not appear to be ‘imminent’, as they were arrested while still traveling to the protest. Thus, the arrest was likely unlawful. (A) is incorrect because, as mentioned, the breach does not appear to be imminent. (B) is incorrect because the police may arrest a person to stop a breach from occurring, but that breach needs to be imminent.

Question 96

Which of the following is not a circumstance in which the police can impose conditions on a public procession?
O They reasonably believe that serious public disorder will result.
O They reasonably believe that it will involve a demonstration against the government.
O They reasonably believe that it is meant to intimidate others.
O They reasonably believe that it will cause serious disruption to the life of the community.

Answer 96

O They reasonably believe that it will involve a demonstration against the government.

The police cannot impose conditions on a public procession merely because it involves a demonstration against the government.

Question 97

A group of 15 people start climbing on the stones at Stonehenge. Is this a trespassory assembly?
O Yes
O NO

Answer 97

No

While the group certainly exceeded its right of access on the site and could cause damage to a place of historical significance, the group is only 15 people strong. Trespassory assemblies consist of 20 or more people.

Question 98

A group of 25 friends are walking in a public park. They come to a wooded area, where they see a sign posted by a local authority that says “Keep off. Restricted area.” The group ignores the sign and wanders into the wooded area. Is this a trespassory assembly?

yes
No

Answer 98

No

To qualify as a trespassory assembly, the assembly must be one that may result in damage or disruption to the life of the community or cause significant damage to the land. Since the group is only walking through a wooded area, there is no indication that they will cause any such damage or disruption.

Question 99

All applications to ban trespassory assemblies need to be made to the Home Secretary.

Yes
No

Answer 99

False

If the trespassory assembly is to take place in the City of London or Greater London, the application needs to be made to the Home Secretary, but if it is to take place anywhere else, the application needs to be made to the local council.

Question 100

SOURCES OF EU LAW

Answer 100

SOURCES OF EU LAW
* Treaties: provide EU objectives and powers of institutions
* Regulations: automatically bind and directly apply to memberstates
* Directives: implemented through necessary
legislation by member states

Question 101

DIRECT EFFECT

Answer 101

DIRECT EFFECT
* Some EU law can be directly relied on by EU citizens
* For direct effect, provision must be
- Clear
- Precise

Question 102

EFFECTS OF THE EUROPEAN
COMMUNITIES AcT 1972

Answer 102

EFFECTS OF THE EUROPEAN
COMMUNITIES AcT 1972
Made EU law a source of UK law
* Allowed government to implement directives via secondary legislation
- Also done via Acts of
Parliament
* Required all legislation to be interpreted according to EU law

Question 103

THE WITHDRAWAL
AGREEMENT

Answer 103

THE WITHDRAWAL
AGREEMENT
* Transition period-UK remained bound by EU law
* Dealt with issues due to exit
* Is supreme and has direct effect

Question 104

EUROPEAN UNION (WITHDRAWAL)
Аст 2018 & EUROPEAN UNION (WITHDRAWAL AGREEMENT) ACT 2020

Answer 104

EUROPEAN UNION (WITHDRAWAL)
Аст 2018 & EUROPEAN UNION (WITHDRAWAL AGREEMENT) ACT 2020

• Repealed the 1972 Act
• Preserved EU law brought in under 1972 Act as retained
  EU law
• Retained EU law includes
• EU-derived domestic legislation (that is, laws implementing directives)
• Direct EU legislation (that is regulations)
• Directly effective EU Law

Question 105

What is retained EU law?
O A. A snapshot of EU law that became part of
UK law through the European Communities
Act 1972.
O B. The law the European Union will retain after
Brexit.
O C. EU law passed after the transition period.

Answer 105

A. A snapshot of EU law that became part of
UK law through the European Communities
Act 1972.

Retained EU law includes the EU law that was made part of UK law under the ECA 1972 before the end of the transition period. (B) is incorrect because retained EU law is the law that has been retained by the UK, not the EU. (C) is incorrect because retained EU law includes only the EU law passed before the end of the transition period.

Question 106

in the case of a conflict, which of the following prevails?
A. An Act of Parliament passed before the end
of the Brexit transition period.
B. Retained EU law.

Answer 106

B. Retained EU law.

Because the supremacy of retained EU law is preserved over UK law enacted before the end of the transition period, the retained EU law will prevail in this case.

Question 107

In the case of a conflict, which of the following prevails?
A. An Act of Parliament passed after the
transition period.
B. Retained EU law.

Answer 107

A. An Act of Parliament passed after the
transition period.

Because an Act of Parliament enacted after the end of the transition period is not subject to the supremacy of retained EU law, such Acts will prevail over conflicting retained EU law.

Question 108

RETAINED CASE LAW

Answer 108

RETAINED CASE LAW
* Cases decided before end of transition period regarding
EU law
* Retained EU case law
Issued by European Court of Justice
- Bind all domestic courts (other than Supreme Court)
* Retained domestic case
treated like ordinary case law

Question 109

What’s the difference between retained EU case law and retained domestic case law?
A. Retained domestic case law include cases decided after the transition period.
B. Retained domestic case law is treated like ordinary case law.
C. Retained EU case law does not relate to retained EU law.

Answer 109

B. Retained domestic case law is treated like ordinary case law.

Unlike retained EU case law, retained domestic case law is treated like ordinary case law, meaning that the normal rules of precedent apply. (A) is incorrect because retained domestic case law (along with retained EU case law) include only cases decided before the end of the transition period, while (C) is incorrect because this body of case law concerns issues of retained EU law.

Question 110

An Act of Parliament has given the Secretary of State the power to amend other Acts of Parliament by passing secondary legislation.
How is this power best described?

A. As a prerogative power.
B. As a delegated power.
C. As a Henry VIll power.
D. As a regulatory power.
F. As a Henry V power.

Answer 110

C. As a Henry VIll power.

(C) This power is best described as a Henry VIll power. If an Act of Parliament grants to the government the power to amend Acts of Parliament by passing secondary legislation, that power is known as a Henry VIlI power. (A) is incorrect because the Henry VIll powers are not part of the royal prerogative. They arise from the authority granted by Acts of Parliament. (B) and (D) are incorrect because they are not the best answers. Although the Henry VIll powers are exercised by passing secondary legislation (which is also called ‘delegated legislation’ or just ‘regulations”), the power here is more specifically described as a Henry VIll power. (E) is incorrect because it misnames the power here.

Question 111

The Labour government has decided to introduce the Schools Inspectorate Bill. The Bill seeks to implement a policy which was not included in Labour’s manifesto at the last general election. The House of Lords has voted against the Bill.
Which of the following best explains the constitutional position?

A. The House of Lords cannot vote against the Bill a second time due to the Salisbury Convention.
B. The House of Lords and the House of Commons must now appoint a committee to consider the Bill.
C. The House of Commons can pass the Bill for a second time in the current session of Parliament, and if the House of Lords rejects the Bill again, it can still be sent for Royal Assent.
D. The House of Commons can pass the Bill for a second time in the next session of Parliament, and if the House of Lords rejects the Bill again, it can still be sent for Royal Assent.
F. The House of Lords can vote against the Bill for a second time in the next session of Parliament, which will prevent it from becoming law.

Answer 111

D. The House of Commons can pass the Bill for a second time in the next session of Parliament, and if the House of Lords rejects the Bill again, it can still be sent for Royal Assent.

(D) If the House of Commons passes the Bill again in the next session of Parliament and the House of Lords again rejects it, it can still be sent for Royal Assent (assuming enough time has passed between the successive sessions in the Commons). This answer reflects the Parliament Acts 1911-1949, which allow a bill to become an Act of Parliament even if it has been rejected twice by the House of Lords. (A) is incorrect. The Salisbury Convention applies to bills implementing a policy that was included in the government party’s manifesto at the last election. The facts indicate this bill was not in Labour’s manifesto. (B) is incorrect because there is no requirement for a committee to be appointed in these circumstances. (C) is incorrect because this choice does not reflect the fact that the House of Lords needs to reject the legislation in two successive sessions of Parliament in order for the Parliament Acts 1911-1949 to apply. (E) is incorrect because under the Parliament Acts 1911-1949, the Bill can still become law despite the House of Lords rejecting it a second time.

Question 112

An MP has suggested that the Privy Council should be abolished on the grounds that the Privy Council plays a minimal role in government. In support of this proposal, the MP cited the Privy Council’s functions.
Which of the following best explains the functions of the Privy Council?

A. The Privy Council approves all decisions made by the government under the royal prerogative.
B. The Privy Council is required to approve all decisions made by government.
C. The Privy Council meetings are held to debate matters that cannot be resolved by the Cabinet.
D. The Privy Council approves some decisions made by the government, either under the royal prerogative or under powers granted to it by statute.
F. The Privy Council approves all decisions made by the government under statute.

Answer 112

D. The Privy Council approves some decisions made by the government, either under the royal prerogative or under powers granted to it by statute.

(D) The best explanation is that the Privy Council approves some decisions made by the government, either under the royal prerogative or under powers granted to it by statute. Although once of great importance, the Privy Council now plays a purely formal role within government. Certain decisions and legislation under the royal prerogative or under powers granted by statute need to be approved by the Privy Council. Examples include passing Orders in Council or granting a Royal Charter to a new institution or body. (A), (B), and (E) are incorrect because they are too broad. The Privy Council approves only some decisions. (C) is incorrect because debating matters that cannot be resolved by the Cabinet is not the job of the Privy Council.

Question 113

The government has agreed a new international treaty with Australia.
Which of the following best explains the constitutional position regarding how the treaty can be ratified?

A. The government can immediately ratify the treaty under the royal prerogative.
B. The government can ratify the treaty under the royal prerogative, but only after laying the treaty before the House of Commons and House of Lords.
C. The government is required by the royal prerogative to lay the treaty before the House of Commons and House of Lords before ratifying the treaty.
D. The government can immediately ratify the treaty under powers granted by statute.
E. The government is required by statute to immediately put the treaty to a referendum of the British people before ratifying the treaty.

Answer 113

B. The government can ratify the treaty under the royal prerogative, but only after laying the treaty before the House of Commons and House of Lords.

(B) Before it can ratify the treaty, the government must lay the treaty before the House of Commons and House of Lords. The power to ratify treaties is a royal prerogative power recognised by the common law. By passing an Act of Parliament, Parliament can either abolish or regulate how a royal prerogative power can be exercised, and Parliament has passed a statute requiring the government to lay a treaty before the House of Commons and the House of Lords, who then have 21 days to vote against the treat. (A) is incorrect because it does not take into account the statutory requirement of laving the treaty before each House. (C) is incorrect because the requirement to lay the treaty before both Houses comes by statute, not by the roval prerogative. (D) is incorrect because the statute requires laying the treaty before each House for 21 days.
(E) is incorrect because there is no such requirement

Question 114

A constitutional convention is considering the ‘uncodified’ constitution of the UK. The attendees of the convention begin the convention by setting out the meaning of ‘uncodified’ in this context.
What does it mean for the UK constitution to be ‘uncodified’?
A. That the UK constitution is ‘unwritten’.
B. That the UK constitution is not entrenched.
C. That the UK lacks a single document called the constitution.
D. That the UK constitution is ‘political’ rather than ‘legal’
E. That the UK constitution provides no power to strike down legislation.

Answer 114

C. That the UK lacks a single document called the constitution.

(C) The UK constitution is said to be ‘uncodified’, meaning that it lacks a single document called the constitution. (A) is incorrect. An ‘uncodified’ constitution is one lacking a single source. In any event, parts of the UK constitution are in writing. (B) is incorrect. While it is true that the UK constitution is not entrenched (that is, it is not the supreme law of the state), this is not a consequence or description of ‘uncodified’. (D) is incorrect because it is simply not relevant to defining the term ‘uncodified’. (E) is incorrect. This choice also goes to entrenchment and so, as with (B), is not relevant here.

Question 115

The Prime Minister and the Cabinet have decided to commence military action in another sovereign state involving the deployment of 5,000 troops.
Which of the following best explains the constitutional position?

A. The decision to deploy is a statutory power, and by statute the approval of the House of Commons and House of Lords is required.
B. The decision to deploy is a royal prerogative power, but the approval of both the House of Commons and House of Lords is required by statute.
C. The decision to deploy is a statutory power, and the approval of the House of Commons is required by statute.
D. The decision to deploy is a royal prerogative power, but the approval of the House of Commons is required by statute.
E. The decision to deploy is a royal prerogative power, but the consent of the House of Commons is usually sought in accordance with constitutional convention.

Answer 115

E. The decision to deploy is a royal prerogative power, but the consent of the House of Commons is usually sought in accordance with constitutional convention.

(E) The decision to deploy here is a royal prerogative power, specifically a ministerial prerogative power, and the consent of the House of Commons is usually sought in accordance with constitutional convention. The power to deploy the armed forces abroad is a prerogative power exercised by the Prime Minister, who consults the Cabinet.
However, once the government has decided to deploy the armed forces, by constitutional convention, they are required to seek the approval of the House of Commons. (A), (B), (C), and (D) are incorrect for the reasons stated above.

Question 116

The government introduces the Homebuilding Bill into the House of Commons. The provisions of the Bill apply only to England.
Which of the following best describes the procedure that will apply to the Bill?
A. The Bill needs to be approved by the English electorate in a referendum.
B. The Bill may be voted on by MPs representing any of the UK constituencies.
C. The Bill is subject to the Parliament Acts 1911-1949.
D. The Bill is subject to the Salisbury Convention.
E. The Bill may be voted on only by English members of the House of Lords.

Answer 116

B. The Bill may be voted on by MPs representing any of the UK constituencies.

(B) The Bill may be voted on by MPs representing any of the UK constituencies. Despite the fact that the Bill applies only to England, any MP in the UK Parliament can vote on the Bill. (A) is incorrect because there is no such requirement. (C) and (D) are incorrect. Neither the Parliament Acts 1911-1949 (which place limits on the powers of the House of Lords in enacting legislation) nor the Salisbury Convention (which applies when a government bill involves a commitment made by the government’s party in their manifesto) applies under these facts. (E) is incorrect because there is no such procedure or practice in the House of Lords.

Question 117

A government minister is concerned about the proposed policy of the Prime Minister to increase health spending. The Minister fears that the policy is likely to require tax rises, which are going to be unpopular.
Which of the following options for the Minister is the most constitutionally appropriate?

A. The Minister can discuss the matter with other ministers and explain why she disagrees, and if she disagrees with the final decision, she can tell her constituency that she will refuse to co-operate with the policy.
B. The Minister can discuss the matter with other ministers and explain why she disagrees, and if she disagrees with the final decision, she can explain why to Parliament.
C. The Minister can discuss the matter with other ministers and explain why she disagrees, and if she disagrees with the final decision, she can explain why in a television interview.
D. The Minister can discuss the matter with other ministers and explain why she disagrees, and if she disagrees with the final decision, she can explain why in a newspaper column.
E. The Minister can discuss the matter with other ministers and explain why she disagrees, and if she disagrees with the final decision, she must defend it in public and before Parliament.

Answer 117

E. The Minister can discuss the matter with other ministers and explain why she disagrees, and if she disagrees with the final decision, she must defend it in public and before Parliament.

(E) The most constitutionally appropriate option is that the Minister can discuss the matter with other ministers and explain why she disagrees with the proposed policy.
However, even if she disagrees with the final decision, she must defend it in public and before Parliament. As a government minister, the Minister is bound by collective responsibility. This means that although ministers can debate government policy in private, once a decision has been made, they must defend that policy in public and before Parliament. If a minister finds themselves unable to agree with government policy, then they must resign from the government. (A), (B), (C), and (D) are incorrect because they show the Minister opposing the policy before the public or Parliament, which are not viable options under collective responsibility.

Question 118

The government has decided to adopt a policy of building thousands of homes in the countryside. The Monarch is extremely concerned about the damage to the environment that this policy may cause, but the Prime Minister advises the Monarch that the Policy is a needed measure.
Which of the following best explains what actions the Monarch can take?
A. The Monarch can override the government’s decision to adopt the policy.
B. The Monarch can call a press conference to outline the Monarch’s concerns about the policy.
C. The Monarch must accept the advice of the Prime Minister regarding the policy.
D. The Monarch can call a referendum on the policy.
E. The Monarch can introduce legislation into Parliament making the policy illegal.

Answer 118

C. The Monarch must accept the advice of the Prime Minister regarding the policy.

(C) The Monarch must accept the advice of the Prime Minister regarding the Policy. Under the cardinal convention, although the Monarch has the right to be consulted and to warn and encourage the Prime Minister, this must take place in private. Notwithstanding those rights, ultimately, the Monarch must accept the advice of the government, particularly from the Prime Minister. (A) and (B) are incorrect because the cardinal convention requires the Monarch to accept the government’s decision, rather than voice opposition to it or attempt to override it. (D) and (E) are incorrect because the Monarch has no powers to either call a referendum on the policy or introduce legislation into
Parliament making the policy illegal.

Question 119

Parliament has enacted the Car Emissions Act 2021, which bans all cars powered by diesel. However, Parliament had previously enacted the Diesel Cars Act 1989, which allows diesel-powered cars onto the roads.
The 2021 Act does not state that it repeals the 1989 Act.
Which of the following best describes the legal position?
A. The 1989 Act takes precedence over the 2021 Act because that was Parliament’s first piece of legislation covering this matter.
B. The 2021 Act is invalid because it has failed to expressly repeal the 1989 Act.
C. Both the 1989 and 2021 Acts are valid, and the courts can choose which one to apply to any given case.
D. The 1989 Act has been impliedly repealed by the 2021 Act.
E. The courts could make a declaration informing Parliament of the inconsistency and leave the matter to
Parliament to resolve.

Answer 119

D. The 1989 Act has been impliedly repealed by the 2021 Act.

(D) The 1989 Act has been impliedly repealed by the 2021 Act. Under the doctrine of parliamentary sovereignty, Parliament is not allowed to bind its successors. This means that should two Acts of Parliament dealing with the same subject matter conflict, the courts are bound to give effect to the later Act of Parliament, as that is the latest expression of Parliament’s intention. This is known as the doctrine of implied repeal. Because the 1989 Act and the 2021 Act pertain to the use of diesel-powered cars and they conflict on that matter, the 2021 Act controls. (A) and (C) are incorrect because the 2021 Act prevails over the 1989 Act under the doctrine of implied repeal. (B) is incorrect because the repeal of an Act of Parliament need not be express. (E) is incorrect because there is no such procedure.

Question 120

The Cabinet discussed potential military action in the Middle East. One of the Cabinet members, the Lord Chancellor, disclosed details of the discussion to a newspaper, which published the details the following day.
Has a constitutional violation been committed?
A. No, because the public have a right to know what ministers think, which means the Lord Chancellor had a right to disclose the information.
B. Yes, because discussions within Cabinet should be kept confidential between ministers.
C. No, because ministers are allowed to tell the newspapers what other ministers think on major government policy.
D. Yes, because it is for the Prime Minister to decide what gets released to the public.
F. Yes, because military action is a matter for Parliament to discuss, rather than the Cabinet.

Answer 120

B. Yes, because discussions within Cabinet should be kept confidential between ministers.

(B) The disclosure was not constitutionally permissible. Under the doctrine of collective responsibility, discussions within Cabinet are kept confidential, thus allowing ministers to freely debate government policy. Here, there has been a breach of collective responsibility because the discussions have been disclosed to a newspaper. (A) and (C) are incorrect because collective responsibility requires Cabinet discussions to be kept confidential. (D) is incorrect because the Prime Minister is bound by collective responsibility like all other ministers. A decision should be released to the public or to Parliament only when a decision has been made. (E) is incorrect because although, by constitutional convention, Parliament generally approves a decision to take military action abroad, this is only after the government has made the decision to take military action.QUESTION

Question 121

Parliament has passed the Bird Preservation Act 2019, which bans all forms of hunting and shooting sports. The
2019 Act then received the Royal Assent. The Campaign for Rural Pursuits wishes to challenge this legislation on the basis that an insufficient amount of time was allowed for MPs to debate the bill in the House of Commons.
Which of the following best explains how the courts are likely to respond to the challenge to the validity of the 2019 Act?
A. The courts can set aside the 2019 Act if it is determined that the House of Commons failed to afford sufficient time for debate.
B. The courts can send the 2019 Act back to Parliament and require the House of Commons to reconsider the issue.
C. The courts must give effect to the 2019 Act due to the Enrolled Bill Rule.
D. The courts can consider the procedure within Parliament, and consider whether the procedural rules within Parliament have been followed in passing the 2019 Act.
E. The courts can send the 2019 Act back to Parliament and require the House of Lords to reconsider the issue.

Answer 121

C. The courts must give effect to the 2019 Act due to the Enrolled Bill Rule.

(C) The courts must give effect to the 2019 Act due to the Enrolled Bill Rule. Under the Enrolled Bill Rule, all the courts can do when faced with a challenge to the validity of an Act of Parliament is to check the parliamentary roll to determine whether the bill in question has or has not been passed by Parliament. If the bill has been passed by Parliament and received the Royal Assent (as is the case here), then the courts must give effect to it. The courts cannot investigate the procedure by which the bill was enacted by Parliament. (A) is incorrect because the courts cannot set aside an Act of Parliament for any reason. (B) and (E) are incorrect because the courts have no power to send the bill back for reconsideration. (D) is incorrect. The Enrolled Bill Rule means that the courts cannot question the procedure by which an Act of Parliament has been passed.

Question 122

Four months ago, a council refused a woman’s application for a licence to drive a taxi. The council has not given any reasons for rejecting the woman’s application.
Which of the following best explains why the woman cannot bring judicial review proceedings?
A. Because the matters raised do not involve public law.
B. Because she does not have any grounds to bring judicial review proceedings.
C. Because judicial review proceedings can never be brought to challenge the denial of a taxi licence.
D. Because she does not have standing.
E. Because she has not complied with the time limit for bringing judicial review proceedings.

Answer 122

E. Because she has not complied with the time limit for bringing judicial review proceedings.

(E) The woman cannot bring judicial review proceedings because she has not complied with the time limit. Usually, an application for judicial review needs to be brought promptly, but no later than three months after the action being reviewed occurred. (A) is incorrect because there is an issue of public law here, in that a decision was made by a public body (the local council). (B) is incorrect because it is not the best answer. It is possible that a judicial review could have been brought on the basis of a failure to give reasons, but, as mentioned, the woman failed to bring judicial review proceedings within the time limit. (C) is incorrect because this statement is untrue. If there are grounds to challenge such a decision (such as procedural impropriety), a judicial review claim can be brought. (D) is incorrect. The woman would have standing because she is the person affected by the decision.

Question 123

The owner of a restaurant wishes to seek a judicial review of the local council’s decision to revoke her restaurant operating licence. The local council claimed that the owner was permitting more people in the restaurant than allowed by local law. In her judicial review application, the owner argued that she never allowed the guests in her restaurant to exceed the allowable capacity.
Which of the following best explains why the owner’s judicial review action is likely to be unsuccessful?

A. Because the owner’s action is not against a public body.
B. Because the owner’s action raises a question of fact.
C. Because the owner’s action raises a hypothetical situation.
D. Because the owner lacks standing.
F. Because the decision defies the owner’s legitimate expectation that she would be consulted before her licence was revoked.

Answer 123

B. Because the owner’s action raises a question of fact.

(B) The best answer is that the owner’s action raises a question of fact. The judicial review procedure cannot be used to resolve questions of fact. Such disputes need to be resolved by the trial courts. Here, the owner’s dispute arises from a question of fact (that is, whether or not she allowed the guests in her restaurant to exceed the allowable capacity). Therefore, her judicial review action is not likely to succeed. (A) is incorrect because a local council is a ‘public body’ for judicial review purposes. (C) is incorrect.
The owner raises a live dispute, as opposed to a hypothetical dispute, since the local council have already revoked her licence. (D) is incorrect. The owner has standing because she has a sufficient interest in the decision, as it goes to whether her restaurant can remain open. (E) is incorrect. A legitimate expectation arises when a public body indicates, either by an explicit promise or by prior conduct, that it will exercise its powers in a certain manner. There are no facts here to support this ground for judicial review.QUESTION

Question 124

In 2021, a case requires the Court of Appeal to interpret a provision of retained EU law. The appellant argues that it should apply a decision of the Supreme Court from 2014. The respondent disagrees, arguing that the court is free to adopt its own interpretation.
Which of the following most accurately describes the legal position?

A. The Supreme Court decision forms part of retained EU case law and is binding on the Court of Appeal.
B. The Supreme Court decision forms part of retained domestic case law and is not binding on the Court of Appeal.
C. The Supreme Court decision forms part of retained EU case law, and is not binding on the Court of Appeal.
D. The Supreme Court decision does not form part of either retained EU case law or retained domestic case law, but it is binding on the Court of Appeal.
E. The Supreme Court decision forms part of retained domestic case law and is binding on the Court of Appeal.

Answer 124

E. The Supreme Court decision forms part of retained domestic case law and is binding on the Court of Appeal.

(E) The Supreme Court decision is part of retained domestic case law and, thus, binds the Court of Appeal. Because the Supreme Court decision pre-dates the end of the transition period (December 2020) and involves the interpretation of retained EU law by a domestic court, it forms part of retained domestic case law. For retained domestic case law, the ordinary rules of precedent apply-courts are bound by decisions from courts that are higher or equivalent to them. Thus, the Supreme Court decision is binding on the Court of Appeal. (A) and (C) are incorrect because they refer to retained EU case law, whereas the Supreme Court decision is part of retained domestic case law. (B) is incorrect because, as mentioned, the Supreme Court decision does bind the Court of Appeal. (D) is incorrect because the Supreme Court decision forms part of retained domestic case law.QUESTION

Question 125

A childcare facility decides to hold a family picnic in a local public park. Twenty people, including parents, staff, and children attend the picnic.
Which of the following best describes what has taken place?
A. A public assembly.
B. A trespassory assembly.
C. A breach of the peace.
D. A trespassory procession.
E. A public procession.

Answer 125

A. A public assembly.

(A) A public assembly has taken place. A public assembly is defined as an assembly of two or more persons held in a public place which is wholly or partially in the open air.
The assembly here involves more than two people, and the park is a public place open to the air. (B) is incorrect. This assembly is not a trespassory assembly, because it has taken place on land to which the public have a right of access. (C) is incorrect. A breach of the peace occurs when a person becomes genuinely fearful of harm to themselves or property in their presence as a result of a disturbance, or when harm has or is likely to be done to a person or property in their presence. There is no indication that those events have taken place here. (D) is incorrect because there is no legal concept of a trespassory procession. (E) is incorrect because a public procession is a march that takes place in public, and there is no such march in this case.

Question 126

During a seminar, the concept of limited rights as a category of rights under the European Convention of Human Rights (‘ECHR’) was being discussed.
Which of the following best describes the concept of limited rights?
A. A right that can be limited by the police when they deem it necessary.
B. A right that can be limited only in the circumstances outlined in the ECHR article itself.
C. A right that can be limited by the state when they believe that it is in the public interest.
D. A right that can be limited by the state when proportionately pursuing a legitimate interest.
E. A right that can be limited by the domestic courts at their discretion.

Answer 126

B. A right that can be limited only in the circumstances outlined in the ECHR article itself.

(B) Limited rights under the ECHR are rights that can be restricted only under the circumstances described in the ECHR article itself. (A), (C), (D), and (E) are incorrect because they do not correctly describe limited rights. QUESTION

Question 127

During a case, the Court of Appeal is required to interpret an Act of Parliament to determine whether it complies with Article 6 of the European Convention on Human Rights (‘CHR’) and the right to a fair trial. The appellant wishes the court to simply make a declaration of incompatibility. The respondent argues that the court should first try to interpret the legislation in a manner that complies with the ECHR.
Which of the following best explains how the court should proceed?
A. The court can make a declaration of incompatibility without attempting to interpret the Act.
B. The court should consider whether it could interpret the Act in a manner that complies with the ECHR before going on to make a declaration of incompatibility.
C. The court should consider whether it could interpret the Act in a manner that complies with the ECHR, and if it cannot do so, it should refer the case to the Supreme Court.
D. The court should consider whether it could interpret the Act in a manner that complies with the ECHR, and if it cannot do so, it should refer the case to the European Court of Human Rights (‘ECtHR’).
E. The court should consider whether it could interpret the Act in a manner that complies with the ECHR, and if it cannot do so, it should dismiss the case.

Answer 127

B. The court should consider whether it could interpret the Act in a manner that complies with the ECHR before going on to make a declaration of incompatibility.

(B) The court should first consider whether it can interpret the Act in a manner that complies with the ECHR before going on to make a declaration of incompatibility. Under the Human Rights Act 1998 (which incorporates most of the ECHR), the UK courts must attempt to interpret legislation so that it complies with the Convention rights. If the court is unable to do so, it can make a declaration of incompatibility. (A) is incorrect because the courts cannot simply make a declaration of incompatibility without first attempting to construe the legislation. (C) and (D) are incorrect because there is no provision for a reference to be made in this way. (E) is incorrect because even if a declaration of incompatibility is made, the court must still apply the legislation to the case before it.QUESTION

Question 128

Under the Airports (Locations) Act 2021, the Secretary of State for Transport has the power to decide where a new airport can be built. However, the Act requires that the Secretary of State “must” consult with airlines, existing airports, local authorities, and other groups before making a decision. Without consulting anyone, the Secretary of State has just announced that a new airport will be located in South East England. Several local authorities in the North of England who believe that their areas are poorly served by existing airports wish to challenge the decision of the Secretary of State.
Which of the following states the local authorities’ best ground for seeking judicial review?
A. The Secretary of State has breached a mandatory procedural requirement.
B. The Secretary of State has breached the common law duty to consult.
C. The Secretary of State has breached the right to be heard.
D. The Secretary of State has breached a directory procedural requirement.
E. The Secretary of State has breached the rules against bias.

Answer 128

A. The Secretary of State has breached a mandatory procedural requirement.

(A) The best ground for seeking judicial review is that the Secretary of State has breached a mandatory procedural requirement. A mandatory procedural requirement is one that must be followed, and a public authority’s failure to do so will invalidate the decision. The Act’s use of the word “must” indicates that the Secretary of State’s obligation to consult is a mandatory procedural requirement. (B) is incorrect. There is a common law duty to consult in certain situations (for example, when there has been a promise to consult or if there is an established practice to consult). However, those situations do not arise from these facts. (C) and (E) are incorrect because there is no evidence to support those grounds. (D) is incorrect because, for the reasons discussed above, the requirement here is best classified as mandatory rather than directory.

Question 129

A man has applied to the local authority for a licence to operate a grocery shop in the centre of a large city. The local authority has granted his licence on the condition that the man can operate the shop only between the hours of 7am and 8am. The man wishes to challenge this condition via judicial review.
Which of the following will be the man’s best ground for judicial review?
A. Improper purpose.
B. Irrationality.
C. Lack of proportionality.
D. Breach of the right to be heard.
E. Breach of the Public Sector Equality Duty.

Answer 129

B. Irrationality.

(B) The man’s best ground for judicial review is irrationality. The test for irrationality is whether the decision is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who applied their mind to the question could have arrived at it. The condition allowing the store to be open only one hour per day would likely meet this test, as people shop for groceries throughout the day and the condition would make it near impossible for the man to run a successful business. (A) is incorrect because there is no evidence that the local authority has used their powers for an improper purpose. (C) is incorrect because the proportionality test applies only to cases involving human rights and EU law. (D) and (E) are incorrect because there is no evidence to suggest that the right to be heard has been breached, and the Public Sector Equality Duty does not apply in this situation.

Question 130

An individual believes that they were harshly treated by the police at a protest and prevented from lawfully exercising their rights to freedom of association and freedom of assembly under Article 11 of the Human Rights Act 1998 (‘HRA’). A campaign group wants to take up the individual’s case.
Does the campaign group have standing?
A. No, because interest groups cannot bring judicial review claims on behalf of others.
B. Yes, because the campaign group has a sufficient interest in the individual’s case.
C. No, because the campaign group is not the victim of the police conduct.
D. Yes, because the campaign group can satisfy the ‘victim’ test.
E. Yes, because the campaign group can meet the requirements for representative standing.

Answer 130

C. No, because the campaign group is not the victim of the police conduct.

(C) The campaign group does not have standing because the group is not the victim of the police’s conduct. As indicated, the claim that the campaign group wishes to bring involves a breach of human rights as protected by the HRA. The test for standing for human rights matters is the ‘victim’ test. Because a ‘victim’ is defined as one who is directly affected by the conduct at issue, representative standing (that is, where a group brings a claim on behalf of others) is not allowed under the HRA. (A) is incorrect because it reaches the correct result, but for the wrong reason. Groups or associations may be able to establish standing to represent others for judicial review claims.
However, as mentioned, for claims brought under the HRA, such standing is not permitted. (B) is incorrect because the sufficient interest test is the standard used for standing for judicial review claims. (D) and (E) are incorrect because, as discussed, the ‘victim’ test does not allow for representative standing.

Question 131

Following the UK’s exit from the EU, it emerges that an Act of Parliament enacted in 1997 does not comply with an EU regulation. The regulation came into force in 2014 while the UK was a member state of the EU.
Which of the following best explains the status of the Act?
A. The Act is a valid Act of Parliament and the regulation is no longer part of UK law.
B. The courts can choose whether to apply EU law and disapply the Act, or uphold the Act as a valid Act of Parliament.
C. The regulation is part of retained EU law, and the Act should be disapplied in favour of the regulation.
D. The government needs to decide whether to apply the regulation or the Act.
F. The courts can make a declaration of incompatibility given the conflict between the Act and the regulation.

Answer 131

C. The regulation is part of retained EU law, and the Act should be disapplied in favour of the regulation.

(C) The regulation is part of retained EU law and the Act should be disapplied in favour of the regulation. Under the European Union (Withdrawal) Act 2018, at the end of the transition period, most EU law became part of UK law as a new category of law-retained EU law-which would include the regulation. As the Act was passed before the end of the transition period (that is, December 2020), the principle of supremacy continues to apply. This means that if there is conflict between retained EU law and legislation enacted before the end of the transition period, the retained EU law will prevail. Thus, the courts should disapply the Act in favour of the regulation. (A) is incorrect because the regulation is part of UK law, as retained EU law, and as mentioned, retained EU law prevails over legislation enacted before the end of the transition period. (B) and (D) are incorrect because those choices incorrectly suggest that this issue is a matter of choice. As discussed above, the Act must be disapplied in favour of the regulation. (E) is incorrect because declarations of incompatibility can be made only in relation to the Human Rights Act. QUESTION

Question 132

Prior to Brexit, Members of the Scottish Parliament expressed dissatisfaction with EU law governing agriculture.
Thus, in 2021, the Scottish Parliament decides to repeal all retained EU law that relates to agriculture.
Agriculture is within the legislative competence of the Scottish Parliament, and the UK government has not passed any regulations barring the Scottish Parliament from amending or repealing retained EU law on this subject.
Which of the following best explains the legality of the Scottish Parliament’s action?
A. The action is invalid because the Scottish Parliament cannot repeal any provisions of retained EU law.
B. The action is invalid because the Scottish Parliament can repeal provisions of retained EU law only with the permission of the UK Parliament.
C. The action is valid, because the retained EU law at issue is within the Scottish Parliament’s legislative competence and it is not subject to any regulations prohibiting its amendment or repeal.
D. The action is valid because the Scottish Parliament can repeal any provisions of retained EU law that are within its legislative competence.
E. The action is invalid because the Scottish Parliament can only repeal provisions of retained EU law with the permission of the UK government.

Answer 132

C. The action is valid, because the retained EU law at issue is within the Scottish Parliament’s legislative competence and it is not subject to any regulations prohibiting its amendment or repeal.

(C) The devolved legislatures can amend or repeal retained EU law that falls within their legislative competence, unless this has been explicitly prohibited by the UK government. Here, the Scottish Parliament has repealed retained EU law concerning a subject within its legislative competence, agriculture, and it has not been prohibited from doing so by government regulations. Thus, the repeal is valid. (A) is incorrect because, as discussed, the Scottish Parliament can repeal provisions of retained EU law.
(B) and (E) are incorrect because there is no need for the Scottish Parliament to seek permission from the UK government or UK Parliament to repeal retained EU law. (D) is incorrect because it is overbroad. The Scottish Parliament may repeal provisions of retained EU law, but, as mentioned, this is subject to restrictions placed by the UK government. QUESTION

Question 133

The UK Parliament wishes to legislate to change the structure of local government across the UK, including Scotland. However, in Scotland, local government is a devolved matter, to be decided by the Scottish Parliament. The UK government has sought the consent of the Scottish Parliament for the legislation, but the Scottish Parliament has refused to give its consent.
Legally, can the UK Parliament proceed with the legislation?
A. Yes, if the Lord Speaker certifies the bill as being ‘important’
B. No, because the Scottish Parliament has refused consent.
C. Yes, because the UK Parliament has the power to do so by constitutional convention.
D. Yes, because the UK Parliament retains the power to legislate for Scotland.
E. No, because the legislation, if enacted, would be struck down by the Supreme Court.

Answer 133

D. Yes, because the UK Parliament retains the power to legislate for Scotland.

(D) The UK can proceed with legislation because the UK Parliament retains the power to legislate for Scotland. Ultimately, parliamentary sovereignty means that the UK Parliament can make or unmake any law. This means that the power to legislate for Scotland remains unchanged by devolution, even if the Scottish Parliament refuses permission for the UK Parliament to legislate on a matter devolved to the Scottish Parliament. (A) is incorrect because no such procedure exists. (B) is incorrect because the UK Parliament would normally not legislate on a matter that has been devolved to the Scottish Parliament without its consent. However, this is a constitutional convention (the Sewel Convention) and does not reflect the true legal position. (C) is incorrect. The UK Parliament has the power to pass legislation without the devolved institution’s consent due to parliamentary sovereignty, not because of a constitutional convention. (E) is incorrect because the courts cannot strike down an Act of Parliament.

Question 134

The UK government has become concerned about how the Welsh government and Welsh Parliament have been operating. Because of this concern, the UK government have decided that they wish to abolish those institutions and return to the UK Parliament the power to legislate for Wales.
Who would be required to consent to the abolition of the Welsh government and the
Welsh Parliament?
A. The UK Parliament and the Welsh Parliament.
B. The UK Parliament and the UK government.
C. The Welsh Parliament.
D. The House of Lords and the Welsh people at a referendum.
E. The UK Parliament and the Welsh people at a referendum.

Answer 134

E. The UK Parliament and the Welsh people at a referendum.

(E) The consent of the UK Parliament and the Welsh people at a referendum would be needed. The Welsh Parliament and the Welsh government were both created by an Act of the UK Parliament. Ordinarily, the doctrine of parliamentary sovereignty means that Parliament can make or unmake any law whatsoever, meaning that the UK Parliament could, in theory, abolish the Welsh Parliament and the Welsh government without seeking the consent of any other institution. However, it has been stated that the Welsh Parliament and the Welsh government are ‘permanent’ parts of the UK’s constitutional arrangements and can be abolished only if the people of Wales vote to abolish those institutions at a referendum. This means that the consent of the people of Wales and the UK Parliament is required to abolish the Welsh Parliament and the
Welsh government. Therefore, (A), (B), (C), and (D) are incorrect.

Question 135

What type of constitution does the UK have?

Answer 135

Answer: The UK has an uncodified constitution, meaning it lacks a single authoritative source.

Question 136

What are the three main functions of the UK Constitution?

Answer 136

Answer: The UK Constitution identifies key state institutions (legislature, executive, judiciary), outlines their respective powers, and defines the relationship between these institutions and individual citizens.

Question 137

What are the sources of the UK Constitution?

Answer 137

Answer: The UK Constitution is made up of several sources, including Acts of Parliament and constitutional conventions.

Question 138

What does the rule of law ensure in the UK’s constitutional framework?

Answer 138

Answer: The rule of law ensures fair and consistent application of laws and requires the government to act according to the law.

Question 139

What does parliamentary sovereignty in the UK imply about constitutional changes?

Answer 139

Answer: Parliamentary sovereignty implies that constitutional changes can be made through Acts of Parliament

Question 140

Do UK courts have the power to strike down legislation?

Answer 140

Answer: No, UK courts do not have the power to strike down legislation but can interpret constitutional legislation.

Question 141

How is the UK classified in terms of monarchy, and what is the royal prerogative?

Answer 141

Answer: The UK is a constitutional monarchy, where the monarch’s powers, forming the royal prerogative, are mostly exercised by government ministers.

Question 142

What role do constitutional conventions play in the UK Constitution?

Answer 142

Answer: Constitutional conventions fill gaps in the Constitution, providing a gloss on the basic legal position and setting out expectations for constitutional operations.

Question 143

What is the nature of the UK’s state structure and its approach to devolution?

Answer 143

Answer: The UK is a union state comprising England, Scotland, Wales, and Northern Ireland, and has devolved powers to Scotland, Wales, and Northern Ireland.

Question 144

What type of governmental system does the UK have?

Answer 144

Answer: The UK has a parliamentary system where the executive (government) is led by a member of the legislature, typically the Prime Minister.

Question 145

What is the central principle of the UK Constitution?

Answer 145

A: Parliamentary sovereignty is the central principle of the UK Constitution.

Question 146

Can Parliament in the UK make or unmake any law?

Answer 146

A: Yes, the UK Parliament can make or unmake any law whatsoever.

Question 147

Can any person or body override an Act of Parliament in the UK?

Answer 147

A: No, no person or body can override or set aside an Act of Parliament in the UK.

Question 148

Can a UK Parliament bind its successors?

Answer 148

A: No, no Parliament can bind its successors in the UK.

Question 149

What is the rule regarding the supremacy of EU law in the UK?

Answer 149

A: EU law is supreme in the UK as per the European Communities Act 1972.

Question 150

What are the three branches in the separation of powers in the UK Constitution?

Answer 150

A: The three branches are the executive (government), the legislature (Parliament), and the judiciary (courts).

Question 151

What is the highest court in the UK?

Answer 151

A: The Supreme Court is the highest court in the UK.

Question 152

What does the rule of law require in the UK?

Answer 152

A: The rule of law requires the government to act according to the law and that laws should be clear, accessible, and applied consistently.

Question 153

Can the Human Rights Act 1998 be used to challenge UK legislation?

Answer 153

A: Yes, courts can issue declarations of incompatibility for legislation conflicting with human rights under the Human Rights Act 1998.

Question 154

What is the purpose of judicial review in the UK?

Answer 154

A: Judicial review is used to review the legality of government actions and ensure government compliance with the law.

Question 155

What special protection do MPs and Lords have under parliamentary privilege?

Answer 155

A: MPs and Lords have freedom of speech within Parliament without the risk of being sued under parliamentary privilege.

Question 156

Can UK Parliament legislate with retrospective effects?

Answer 156

A: Yes, UK Parliament can pass legislation that has retrospective effects.

Question 157

What are the three components of the UK Parliament?

Answer 157

A: The Monarch, the House of Commons, and the House of Lords.

Question 158

How many MPs are there in the House of Commons?

Answer 158

A: There are 650 MPs in the House of Commons.

Question 159

What types of members are in the House of Lords?

Answer 159

A: The House of Lords consists of hereditary peers, life peers, Lords Spiritual, and remaining Law Lords.

Question 160

What is the role of the Speaker in the House of Commons?

Answer 160

A: The Speaker maintains order during debates, often by shouting “order” to control proceedings.

Question 161

What are the key stages in the legislative process of a bill in the UK Parliament?

Answer 161

A: The stages include the first reading, second reading, committee stage, report stage, third reading, and consideration of amendments.

Question 162

What marks the beginning of a parliamentary session?

Answer 162

A: The state opening of Parliament with the Queen’s Speech marks the beginning of a session.

Question 163

What is the Salisbury Convention in the context of the House of Lords?

Answer 163

A: The Salisbury Convention ensures the Lords do not block legislation that’s part of the government’s election manifesto.

Question 164

What is a Henry VIII Power in secondary legislation?

Answer 164

A: Henry VIII Powers allow government ministers to amend or repeal provisions in an Act of Parliament.

Question 165

What is the significance of ‘English Votes for English Laws’?

Answer 165

A: It ensures only English MPs vote on legislation affecting only England.

Question 166

What is parliamentary privilege?

Answer 166

A: Parliamentary privilege means MPs and Lords cannot be sued for statements made in Parliament.

Question 167

What is the Crown in the context of the UK government?

Answer 167

A: The Crown is a legal metaphor for the government, including the monarch, prime minister, ministers, and civil servants.

Question 168

What is the modern role of the Privy Council?

Answer 168

A: Its role is mostly ceremonial, with decisions made by government ministers.

Question 169

What are some examples of royal prerogative powers?

Answer 169

A: Examples include appointing the prime minister, negotiating international treaties, and deploying armed forces.

Question 170

Can new royal prerogative powers be created?

Answer 170

A: No, new prerogative powers cannot be created.

Question 171

What happens when statute and prerogative overlap?

Answer 171

A: The statute prevails over the prerogative.

Question 172

Name a ministerial prerogative power.

Answer 172

A: Granting and revoking passports is a ministerial prerogative power.

Question 173

What is a personal prerogative power of the monarch?

Answer 173

A: Appointing the prime minister is a personal prerogative power of the monarch.

Question 174

Give an example of a miscellaneous prerogative power.

Answer 174

A: Owning all swans on certain stretches of the Thames is a miscellaneous prerogative power.

Question 175

How can the royal prerogative be regulated?

Answer 175

A: Through statutes, constitutional conventions, or judicial review.

Question 176

What constitutional convention applies to the appointment of the prime minister?

Answer 176

A: The prime minister must be an MP who can command the confidence of the House of Commons.

Question 177

Who leads the central government in the UK?

Answer 177

A: The Prime Minister leads the central government.

Question 178

What is the Carltona Doctrine?

Answer 178

A: It allows civil servants to exercise powers granted to a secretary of state.

Question 179

What is the main role of the Cabinet in the UK government?

Answer 179

A: The Cabinet is responsible for making collective decisions on government policy.

Question 180

How is the UK Prime Minister held accountable to Parliament?

Answer 180

A: Through Prime Minister’s Question Time, debates, and scrutiny by select committees.

Question 181

What is the function of the Privy Council in modern UK government?

Answer 181

A: It mainly passes orders in council and includes the Judicial Committee for appeals from Commonwealth nations.

Question 182

What does ministerial responsibility entail in the UK government?

Answer 182

A: Ministers are accountable to Parliament for their department’s actions and must uphold high standards of propriety.

Question 183

What is the role of select committees in the UK Parliament?

Answer 183

A: They investigate specific government issues or policies, question ministers, and provide recommendations.

Question 184

How are urgent questions used in the UK Parliament?

Answer 184

A: They allow MPs to raise pressing issues requiring immediate ministerial response.

Question 185

What is the significance of opposition days in Parliament?

Answer 185

A: They provide opportunities for the opposition to choose debate topics, often to challenge or embarrass the government.

Question 186

What is the Judicial Committee of the Privy Council’s function?

Answer 186

A: It hears appeals from Commonwealth nations and British overseas territories.

Question 187

Who leads the central government in the UK?

Answer 187

A: The Prime Minister.

Question 188

What is the Carltona Doctrine?

Answer 188

A: It allows civil servants to exercise powers granted to a secretary of state.

Question 189

What is the main role of the Cabinet in the UK government?

Answer 189

A: The Cabinet makes collective decisions on government policy.

Question 190

How is the UK Prime Minister held accountable to Parliament?

Answer 190

A: Through Prime Minister’s Question Time, debates, and scrutiny by select committees.

Question 191

What is the function of the Privy Council in modern UK government?

Answer 191

A: It mainly passes orders in council and includes the Judicial Committee for appeals from Commonwealth nations.

Question 192

What does ministerial responsibility entail in the UK government?

Answer 192

A: Ministers must publicly support government policy and are accountable for their department’s actions.

Question 193

What is the role of select committees in the UK Parliament?

Answer 193

A: They investigate specific government issues or policies, question ministers, and provide recommendations.

Question 194

What is judicial review in the context of UK law?

Answer 194

A: It’s the process of challenging the legality of decisions made by public authorities.

Question 195

What are the requirements for a judicial review claim?

Answer 195

A: The claim must be against a public body, follow correct procedures, be timely, and the claimant must have a sufficient interest.

Question 196

What is the significance of the Carltona Doctrine in UK administrative law?

Answer 196

A: It allows decisions granted to a secretary of state to be exercised by civil servants.

Question 197

What is devolution in the context of UK governance?

Answer 197

A: The transfer of power from central government to regional governments in Scotland, Wales, and Northern Ireland.

Question 198

What is the Sewel Convention?

Answer 198

A: It’s a principle stating that the UK Parliament should not legislate on devolved matters without the consent of the devolved legislature.

Question 199

How can the Scottish Parliament be legally abolished?

Answer 199

A: Through a referendum in Scotland under an act of the UK Parliament.

Question 200

What is the role of the UK Supreme Court in relation to devolved legislation?

Answer 200

A: It reviews legislation from devolved institutions to ensure it doesn’t exceed their lawmaking powers.

Question 201

What is the focus of judicial review?

Answer 201

A: Reviewing the legality of decisions made by public authorities, not the merits of the decisions.

Question 202

What are the key requirements for a judicial review claim?

Answer 202

A: The claim must be against a public body, follow the correct procedure, be timely, and the claimant must have sufficient interest.

Question 203

What is the procedural exclusivity rule in judicial review?

Answer 203

A: Judicial review is only for public law claims and cannot resolve factual disputes.

Question 204

What is standing in the context of judicial review?

Answer 204

A: The claimant must have a sufficient interest in the case to bring a claim.

Question 205

When should judicial review be used?

Answer 205

A: As a last resort, when alternative tribunals or dispute resolution methods are not suitable.

Question 206

What are the four main grounds for judicial review?

Answer 206

A: Illegality, procedural impropriety, legitimate expectations, and unreasonableness.

Question 207

What does illegality in judicial review refer to?

Answer 207

A: Illegality occurs when a public authority goes beyond its powers or misunderstands the law governing its decision-making power.

Question 208

What is procedural impropriety in judicial review?

Answer 208

A: Procedural impropriety involves failure to follow mandatory procedures, bias in decision-making, and not giving those affected a right to be heard.

Question 209

How does legitimate expectation arise in judicial review?

Answer 209

A: Through promises or established practices of a public authority that create an anticipation of a certain kind of treatment.

Question 210

What is unreasonableness in judicial review?

Answer 210

A: A decision is unreasonable if it is so irrational that no sensible person could have made it.

Question 211

What remedies can be granted in a successful judicial review claim?

Answer 211

A: Quashing order, mandatory order, prohibiting order, injunction, and declaration.

Question 212

What is the relationship between the Human Rights Act and the ECHR?

Answer 212

A: The Human Rights Act incorporates the ECHR into UK law, allowing UK courts to address human rights breaches directly.

Question 213

What are the categories of Convention rights?

Answer 213

A: Absolute, limited, and qualified rights.

Question 214

What is the proportionality test in the context of human rights?

Answer 214

A: A test to determine if the restriction of a qualified right is necessary and proportionate to achieve a legitimate aim.

Question 215

What does judicial deference and margin of appreciation mean in human rights cases?

Answer 215

A: They refer to the extent of court discretion in human rights cases, depending on the political nature of the issue and the consensus among ECHR member states.

Question 216

What is a declaration of incompatibility under the Human Rights Act?

Answer 216

A: A declaration by a court that UK legislation is incompatible with the ECHR, signaling Parliament to consider amendment.

Question 217

Who can bring a claim under Section 7 of the Human Rights Act?

Answer 217

A: Only those directly affected by the action in question, as per the victim test.

Question 218

What remedies are available under Section 8 of the Human Rights Act?

Answer 218

A: Various remedies, including damages, quashing orders, mandatory orders, prohibiting orders, and injunctions.

Question 219

How does the Equality Act 2010 differ from ECHR Article 14?

Answer 219

A: The Equality Act 2010 allows for freestanding claims of discrimination, unlike Article 14, which requires a connection to another Convention right.

Question 220

What does the Public Order Act 1986 regulate?

Answer 220

A: It regulates public processions and assemblies, balancing the right to protest with maintaining public order.

Question 221

What constitutes a breach of the peace?

Answer 221

A: A breach occurs when there is an imminent threat of harm to people or property.

Question 222

What are the requirements for a public procession under the Public Order Act 1986?

Answer 222

A: Organizers must notify the police in advance, specifying the date, time, route, and organizer details.

Question 223

What conditions can police impose on a public procession?

Answer 223

A: Police can set conditions on time, place, and route of the procession to prevent disorder, property damage, or community disruption.

Question 224

How is a public assembly defined?

Answer 224

A: It is an assembly of two or more persons in a public place, either completely or partially outdoors.

Question 225

What are trespassory assemblies and how are they regulated?

Answer 225

A: Trespassory assemblies involve 20 or more people on private land without permission and can be subject to police action, including being banned.

Question 226

What happens if a public procession or assembly violates imposed conditions?

Answer 226

A: Participants or organizers who knowingly breach imposed conditions commit a criminal offense.

Question 227

When can police ban a public procession?

Answer 227

A: If it is believed that the procession will lead to serious disorder, property damage, or significant community disruption, the police can apply to ban it.

Question 228

What are the two main treaties governing the EU?

Answer 228

A: The Treaty on European Union and the Treaty on the Functioning of the European Union.

Question 229

What are the three main categories of EU law?

Answer 229

A: Treaties, regulations (directly applicable), and directives (require member state implementation).

Question 230

What principle asserts that EU law takes precedence over national laws?

Answer 230

A: The principle of the supremacy of EU law.

Question 231

What was the role of the European Communities Act 1972 in UK law?

Answer 231

A: It integrated EU law into the UK legal system.

Question 232

What triggered the UK’s withdrawal from the EU?

Answer 232

A: The invocation of Article 50 of the Treaty on European Union.

Question 233

What does the Withdrawal Agreement address?

Answer 233

A: It addresses issues like citizens’ rights post-Brexit.

Question 234

What is the purpose of the European Union Withdrawal Act 2018?

Answer 234

A: To convert certain EU laws into UK law post-Brexit.

Question 235

How are EU laws retained in the UK post-Brexit categorized?

Answer 235

A: As retained EU law, which includes EU-derived domestic legislation, direct EU legislation, and directly effective EU law.