Constitutional, Administrative and EU Law

Question 1

Ram Doctrine

Answer 1

Government shall have the power to carry on ordinary business even if the power is not explicitly set out by statute or royal prerogative.

Question 2

Doctrine of Parliamentary Sovereignty - 3 parts

Answer 2

1. Parliament has the right to make or unmake any law whatsoever
2. No person or body is recognised as having the right to override or set aside an Act of Parliament
3. No Parliament can bind its successors.

Question 3

Enrolled Bill Rule

Answer 3

Courts will not question the validity of Acts of Parliament and must give effect to them.

Question 4

Steps of Passing a Bill

Answer 4

1. First Reading
2. Second Reading
3. Committee Stage
4. Report Stage
5. Third Reading
6. Bill sent to other house and amendment ping pong
7. Royal Assent

Question 5

Salisbury Convention

Answer 5

If government bill is implementing a manifesto promise, House of Lords will grant a second reading to the bill as a matter of course.

Question 6

Negative Resolution Procedure

Answer 6

A draft of secondary legislation is laid in both houses and it will take effect unless either house rejects the legislation within 40 days.

Question 7

Affirmative Resolution Procedure

Answer 7

A draft of the secondary legislation is laid in both houses and it will take effect only if both houses vote in favour.

Question 8

Can either House amend secondary legislation?

Answer 8

No. Amendments cannot be made to the draft secondary legislation by either house.

Question 9

Can secondary legislation be struck down by Courts?

Answer 9

Yes. Secondary legislation can be struck down because it is made by the Government and not Parliament.

Question 10

Sub judicie rule

Answer 10

MPs and Peers are prohibited from referring to cases which are currently before the Courts.

Question 11

Do statutes bind the Crown?

Answer 11

No. Statutes do not bind the Crown unless they specifically say they do.

Question 12

Ratification of Treaty Rules

Answer 12

Although ratification of a treaty is within the Crown’s prerogative powers, by Act of Parliament, a draft must be laid before both Houses of Parliament and government must give both Houses 21 days to reject the treaty.

If either house rejects, government can explain why they want to ratify and House of Commons then has 21 days to reject the treaty.

In exceptional circumstances, government can bypass the requirement to lay treaties before Parliament.

Question 13

Cardinal Convention

Answer 13

Limits the Monarch’s powers to appoint ministers by requiring Monarch to always act on the advice of ministers and in particular the Prime Minister.

Monarch has a right to encourage and warn a Prime Minister in Private.

Question 14

Who has the power to create/abolish departments?

Answer 14

The Prime Minister

Question 15

Carltona Doctrine

Answer 15

Civil Servants within the relevant department can exercise powers granted to the Secretary of State.

Question 16

How much power do subcommittees of the Cabinet have?

Answer 16

The same authority as the Cabinet itself.

Question 17

Two aspects of Collective Responsibility

Answer 17

1. Confidentiality
2. Unanimity

Question 18

Ministers response to policy failure

Answer 18

Take responsibility (inc resignation)

Question 19

Ministers response to operational failure

Answer 19

Give account to Parliament

Question 20

How many days does a department have to respond to the written question of an MP?

Answer 20

7 days

Question 21

How can devolution be abolished?

Answer 21

Permanent part of UK constitution.

Only by a decision of the people to abolish in a referendum and then an Act of Parliament.

Question 22

Who can refer a devolved government bill to the UK Supreme Court?

Answer 22

The legislature of each nation.

Question 23

Against which bodies can judicial review be taken?

Answer 23

Judicial review is only available against “public bodies”.

Question 24

Can judicial review be taken if there is a contract?

Answer 24

No. If there is a contract between the person and the public body, private law will govern and judicial review is not available.

Question 25

2 stages of judicial review

Answer 25

Two stages of Judicial Review:

1. Permission Stage
2. Full hearing stage

Question 26

How soon must you bring an application for judicial review?

Answer 26

An application for judicial review must be made promptly but no later than 3 months after the issue arose.

Except if it is a planning decision, then it must be brought within six weeks.

Question 27

How soon must you bring an application for a judicial review of a planning decision?

Answer 27

Promptly but it must be brought within 6 weeks.

Question 28

What does an individual need before bringing an application for judicial review?

Answer 28

Standing (a sufficient interest, such as some wrong or harm suffered personally by them)

Question 29

Standing for Judicial Review

Answer 29

Sufficient interest test

Question 30

During what stage is the issue of standing determined?

Answer 30

Standing is determined during the permission stage (first stage of the two stages).

Question 31

When do groups have standing?

Answer 31

Groups don’t usually have standing but sufficient interest may be found if:

1. The group is responsible;
2. Well resourced;
3. Has expertise; and
4. There is unlikely to be an alternative claimant.

Question 32

Four grounds for Judicial Review

Answer 32

1. Illegality
2. Procedural Impropriety
3. Failure to meet legitimate expectations
4. Failure to make a rational/reasonable decision.

Question 33

What are the 5 remedies in a judicial review case?

Answer 33

The Court has the discretion to grant:

1. Quashing Order
2. Mandatory Order
3. Prohibiting Order
4. Injunction
5. Declaration

Question 34

5 sub-grounds of the ground of illegality

Answer 34

1. Acted ultra vires
2. Failed to comply with a specific legal duty (such as the public sector duty to take into account equality considerations)
3. Unlawful delegation of power to another
4. Taking into account irrelevant considerations
5. Acted under an error of law

Question 35

5 sub-grounds of the ground of Procedural Impropriety

Answer 35

1. Failure to follow mandatory requirements
2. Failure of common law/natural justice right to be heard
3. Failure of the common law/natural justice right to an unbiased decision-maker
4. Failure of duty to consult
5. Failure of duty to give reasons

Question 36

Test for failure to make a reasonable/ration decision

Answer 36

The decision must be 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.

Question 37

3 types of rights under ECHR:

Answer 37

1. Absolute rights
2. Limited rights
3. Qualified rights

Question 38

When is the proportionality test used?

Answer 38

The proportionality test is used when deciding whether an action of a public authority that restricts a qualified right is justified.

Question 39

What is there a right to in a forfeiture case?

Answer 39

In a forfeiture case (depriving of a right), there is a right to be heard.

Question 40

In what situation is there a right to be heard?

Answer 40

In a forfeiture case (depriving of a right), there is a right to be heard.

Question 41

Are UK courts bound by retained domestic case law?

Answer 41

UK courts are only bound by retained domestic case laws from Courts that are higher or equivalent to them.

Question 42

Is the Court of Appeal bound by retained domestic case law from the High Court from 2011?

Answer 42

No. UK courts are only bound by retained domestic case law from Courts that are higher or equivalent to them.

Question 43

What conditions can the police impose on a procession where the appropriate notice has been filed?

Answer 43

The police can impose conditions to prevent serious disorder, damage, or disruption to the life of the community.