CL Flashcards
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
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.
What are the features of the Constitution?
Features of Constitution
- Uncodified
- Several sources
- Unentrenched
- Parliamentary Sovereignty
- No striking down
- Union State
- Devolution
- Parliamentary system
Parliament may make any law on any subject.
A. True
B. False
True
Under the doctrine of parliamentary sovereignty, Acts of Parliament are the highest source of law, and Parliament can adopt legislation on any subject.
Enrolled Bill Rule
- Cannot question
- ANY legislation
- If passed in both Houses
- And granted Royal Assent
The courts have no power to strike down Acts of Parliament, even Acts that are clearly unconstitutional.
A. True
B. False
True
Because Acts of Parliament are the highest source of law, a court cannot strike down an Act, even if it is ‘unconstitutional’.
What are the rule of law Protections ?
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
No one can set aside an Act of Parliament.
A. Parliamentary Sovereignty
B. Rule of Law
C. Separation of Powers
A. Parliamentary Sovereignty
The courts provide a check on the government through judicial review.
A. Parliamentary Sovereignty
B. Rule of Law
C. Separation of Powers
C. Separation of Powers
There should be a method of resolving disputes without disproportionate cost or delay.
A. Parliamentary Sovereignty
B. Rule of Law
C. Separation of Powers
B. Rule of Law
There should be no punishment without a breach of a specific law.
A. Parliamentary Sovereignty
B. Rule of Law
C. Separation of Powers
B. Rule of Law
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
C. Committee Stage
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
D. Report Stage
The bill is first debated.
A. First Reading
B. Second Reading
C. Committee Stage
D. Report Stage
E. Third Reading
F. Consideration of Amendments
B. Second Reading
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.
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What English Votes for English laws?
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
If Lords Block a Bill that was passed by Commons
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
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
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.
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
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.
_____ 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
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.
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
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.
Government may not create new prerogative powers, but neither can Parliament take them away.
True
False
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.
What are the 4 Principles of the Royal Prerogative?
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
Constitutional Reform and Governance Act 2010
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
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
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.
What are The Cardinal Convention ?
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
What are Consequences of Hung Parliament ?
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
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
C. only by express terms or by implication
Statutes do not bind the Crown unless they expressly say so or by necessary implication.
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
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.
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
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.
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
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.
What are Powers of the Prime Minister ?
Powers of the Prime Minister
- Organisation of government and civil service
- Constitutional role
- Security and Intelligence
- Deploying armed forces
- International relations
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
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.
Exam Tip For overseas appeals, look for Judicial Committee as a correct answer
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What are the Keys of Collective Responsibility?
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
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
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.
Remember
Policy failure = Take responsibility Operational failure = Give an account
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
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).
During the time for questioning of ministers, a minister may be questioned on any matter.
True
False
False
Ministers may only be questioned on matters relating to their department. Further, certain categories of questions are not allowed.
During the Prime Minister’s Question Time (‘PMQs’), the Prime Minister must answer questions from MPs of all political parties.
True
False
True
MPs from all political parties may ask questions during PMQs, although remember that the Leader of the Opposition is entitled to six questions.
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
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.
Is it true that ministers need only respond to oral questions?
Yes
No
NO
Written questions can be submitted to ministers at any time, and the relevant department is expected to provide a response within seven days.
Devolution is
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.
THE SEWEL CONVENTION
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
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
- 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.
Judicial review claims give courts an opportunity to weigh in on the merits of a public authority’s decision.
True
False
False
Judicial review concerns whether the public authority’s decision was lawful—for example, whether proper procedures were followed—not whether it was correct.
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
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.
PROCEDURAL EXCLUSIVITY
RULE
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
TO HAVE STANDING FOR JUDICIAL REVIEW, CLAIMANT NEEDS
TO HAVE STANDING FOR JUDICIAL REVIEW, CLAIMANT NEEDS
* A sufficient interest
* Normally at the permission stage
Or else the court will reject the claim
TESTS FOR STANDING
TESTS FOR STANDING
Judicial review = Sufficient interest test
Human rights cases = Victim test
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.
- 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.
The standing test for judicial review claims is
A. more restrictive than
B. less restrictive than
C. equally restrictive as
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.
Judicial review claims involving issues of both private and public law can be resolved in private law.
A. True
B. False
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.
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
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.
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
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.
EXAM TiP
For ouster clauses, look for answer choice allowing courts to review underlying legality of the decision
…
PUBLIC SECTOR
EQUALITY DUTY
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
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
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.
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
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.
RIGHT TO BE HEARD
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
time and the application is rejected, would that person be entitled to a hearing to contest the rejection?
* Yes
O No
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.
APPARENT BIAS PRESENT IF
APPARENT BIAS PRESENT IF
* A fair-minded and informed observer
* with knowledge of the facts
* Would conclude there was a real possibility of bias
DUTY TO CONSULT
DUTY TO CONSULT
* Promised
- Established practice
- Failure to consult would be conspicuously unfair
UNREASONABLENESS/ IRRATIONALITY
UNREASONABLENESS/ IRRATIONALITY
* A decision is so outrageous in
- Logic or
- Accepted moral standards
* That no sensible person could have reached it
REMEDIES
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
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
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.
If a claimant prevails on a judicial review claim, the claimant is entitled to a remedy.
O True
O False
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.
If a court orders a public authority to retake its decision, the public authority must reach a different conclusion.
O True
O False
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.
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
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.
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
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).
HUMAN RIGHTS AcT 1998
Incorporates European
Convention on Human Rights into UK law
…
USUAL STRUCTURE OF QUALIFIED RIGHT
* Identifies the right
* Provides aspects of the right
* Provides circumstances for limiting
…
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
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.
PROPORTIONALITY TEST
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?
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.
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.
MARGIN OF APPRECIATION
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
DECLARATION OF INCOMPATIBILITY
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
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.
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.
THE VICTIM TEST
Only those directly affected by an act or decision of a public authority can challenge it
…
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
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.
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
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.
FREEDOM FROM DISCRIMINATION (ARTICLE 14)
Bars discrimination involving rights/freedoms of the
Convention based on sex, race, national origin, etc.
…
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.
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.
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
True
A claim under Article 14 must be connected to another Convention right, unlike the Equality Act 2010.
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
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’.
In certain situations, the member states of the ECHR are allowed to not follow the Convention rights
O True
O False
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.
The ‘victim’ test allows for representative standing.
O True
O False
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.
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
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.
BREACH OF THE PEACE
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
NOTICE REQUIRED IF
PROCESSION INTENDS TO
NOTICE REQUIRED IF
PROCESSION INTENDS TO
* Show support for or against views or actions
* Publicise a cause or campaign or
* Mark or commemorate event
NOTICE REQUIREMENTS FOR PROCESSIONS
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
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.
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.
CONDITIONS ON PUBLIC
ASSEMBLIES
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
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.
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.