Constitutional Law

Question 1

Where do appeals from the Magistrates Court go?

Answer 1

Appeals from the Magistrates’ Court will go either to the Crown Court or to the High Court by way of case stated. Appeals from the Crown Court will be heard in the Criminal Division of the Court of Appeal

Question 2

What are the elements of the proportionality test?

Question 3

What does the government need to do in order to ratify an international treaty?

Answer 3

It must lay a draft before both Houses and give both Houses 21 days to vote against ratification.

Question 4

Who can ask Qs in prime ministers qs?

Answer 4

Members of Parliament from all political parties can ask the questions, and they can relate to the overall conduct of the government.

Question 5

Does Parliament constitute a ‘public body’ under s6 of HRA?

Answer 5

No

Question 6

When can the police ban a public procession?

Answer 6

When the chief constable determines that they cannot prevent (ie use other means like redirection) the public procession from resulting in serious disorder.

Question 7

definition of a public assembly?

Answer 7

A gathering of two or more people in a public place which is at least partially in the open air.

Question 8

Suppose that after the end of the transition period Parliament passed an Act of Parliament related to energy use, and this Act conflicts with a piece of direct EU legislation. Which law will prevail?

Answer 8

Act of Parliament

Question 9

Suppose that the Court of Justice of the European Union issues a decision after the end of the transition period relating to a piece of retained EU law. What effect does that decision have on the UK courts?

Answer 9

UK courts not bound by decision

Question 10

Suppose that the Court of Justice of the European Union issued a decision before the end of the transition period relating to a piece of retained EU law. What effect does that decision have on the UK High Court?

Answer 10

The High Court is bound by the decision.