Constitutional Law Flashcards
(197 cards)
1
Q
An Act of Parliament has given the Secretary of State the power to amend other Acts of Parliament by passing secondary legislation.
A
As a Henry VIII power.
This power is best described as a Henry VIII 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 VIII power.
2
Q
What can the House of Commons do if the House of Lords rejects the Schools Inspectorate Bill?
A
The House of Commons can pass the Bill for a second time in the next session of Parliament.
3
Q
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.
What is the best explaination of the functions of the Privy Council?
A
The Privy Council approves some decisions made by the government, either under the royal prerogative or under powers granted to it by statute.
3
Q
What happens if the House of Lords rejects the Bill again after the House of Commons passes it a second time?
A
The Bill can still be sent for Royal Assent.
3
Q
What is Royal Assent?
A
It is the formal approval by the monarch that allows a bill to become law.
4
Q
What types of decisions does the Privy Council approve?
A
Decisions made under the royal prerogative or under powers granted by statute.
5
Q
What must happen before the government can ratify the treaty under the royal prerogative?
A
The treaty must first be laid before the House of Commons and the House of Lords.
6
Q
The government has agreed a new international treaty with Australia.
Explain the constitutional position regarding how the treaty can be ratified?
A
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.
7
Q
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 lacks a single document called the constitution.
8
Q
The Prime Minister and the Cabinet have decided to commence military action in another sovereign state involving the deployment of 5,000 troops.
Explain the constitutional position?
A
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.
9
Q
The government introduces the Homebuilding Bill into the House of Commons. The provisions of the Bill apply only to England.
Describe the procedure that will apply to the Bill?
A
The Bill may be voted on by MPs representing any of the UK constituencies.
10
Q
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.
Whats the Minister most constitutionally appropriate option?
A
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.
11
Q
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.
Explain what actions the Monarch can take?
A
The Monarch must accept the advice of the Prime Minister regarding the policy.
12
Q
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.
Describes the legal position?
A
The 1989 Act has been impliedly repealed by the 2021 Act.
13
Q
A war has recently broken out between two Middle Eastern countries. The war has the potential to impact interests and businesses of the United Kingdom. To protect UK interests, the Cabinet discussed potential military action in aid of one of the warring countries.
The Lord Chancellor contacted a newspaper and disclosed detail of the potential military action and his objections to it. The newspaper published the story on its website and in its printed editions the next day.
Has a constitutional violation been committed?
A
Yes, because discussions within Cabinet should be kept confidential between ministers.
14
Q
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.
Explains how the courts are likely to respond to the challenge to the validity of the 2019 Act?
A
The courts must give effect to the 2019 Act due to the Enrolled Bill Rule.
15
Q
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.
Explains why the woman cannot bring judicial review proceedings?
A
Because she has not complied with the time limit for bringing judicial review proceedings
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.
16
Q
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.
Explains why the owner’s judicial review action is likely to be unsuccessful?
A
Because the owner’s action raises a question of fact.
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.
17
Q
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.
What most accurately describes the legal position?
A
The Supreme Court decision forms part of retained domestic case law and is binding on the Court of Appeal.
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.
18
Q
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 best describes what has taken place?
A
A public assembly.
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.
19
Q
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 best describes the concept of limited rights?
A
A right that can be limited only in the circumstances outlined in the ECHR article itself.
Limited rights under the ECHR are rights that can be restricted only under the circumstances described in the ECHR article itself.
20
Q
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 (‘ECHR’) 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 best explains how the court should proceed?
A
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.
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.
21
Q
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.
What is the local authorities’ best ground for seeking judicial review?
A
The Secretary of State has breached a mandatory procedural requirement.
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.
22
Q
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.
What will be the man’s best ground for judicial review?
A
Irrationality.
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.
23
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?
No, because the campaign group is not the victim of the police conduct.
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.
24
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 best explains the status of the Act?
The regulation is part of retained EU law, and the Act should be disapplied in favour of the regulation.
25
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 best explains the legality of the Scottish Parliament's action?
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.
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.
26
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?
Yes, because the UK Parliament retains the power to legislate for Scotland.
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.
27
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?
The UK Parliament and the Welsh people at a referendum.
28
During a debate in the House of Commons on crime, an MP referred to a high-profile murder case currently before the criminal courts and said that the case against the defendant is overwhelming.
Has the MP done anything wrong?
Yes, because the MP has breached the sub judicie rule.
The MP has breached the sub judicie rule. Generally, MPs (and members of the House of Lords) have freedom of speech within Parliament under parliamentary privilege. However, out of respect to the separation of powers, the freedom of speech is limited by the sub judicie rule, which provides that, during debates, MPs (and members of the House of Lords) should not refer to cases currently ongoing before the courts. Here, the MP breached the sub judicie rule by referring to an ongoing case during the debate.
29
The House of Commons is about to debate a bill that would abolish the monarchy.
In which type of committee will the committee stage of the bill's passage take place?
A Committee of the Whole House.
At the committee stage, the bill will be considered in a Committee of the Whole House. The committee stage for the passage of bills in the House of Commons can take place in one of two committees: a Public Bill Committee or a Committee of the Whole House. Bills of 'first-class constitutional importance', a category to which a bill to abolish the monarchy would qualify, are debated in a Committee of the Whole House.
30
The Prime Minister has decided to hold a referendum on whether the North of England should get its own Parliament, similar to the Scottish Parliament. Some ministers are in favour, whilst others, including the Chancellor and the Home Secretary, oppose the idea.
Which is the best option available for the Prime Minister to address the disagreement among the ministers?
Suspend collective responsibility and allow ministers to campaign on either side of the referendum.
The Prime Minister's best option is to suspend collective responsibility and allow ministers to campaign on either side of the referendum. Collective responsibility requires government ministers to support government polices in public and before Parliament. However, the Prime Minister is able to 'set aside' or suspend collective responsibility, and this has happened at previous referendums. When this is done, ministers are able to campaign on different sides, meaning that they are allowed, unusually, to disagree with each other in public.
31
The government has agreed a new international treaty with Singapore. The government has laid the treaty before both the House of Commons and the House of Lords. After 14 days, the House of Commons voted against ratifying the treaty.
Which best explains the options available to the government?
The government can explain to Parliament why they still wish to ratify the treaty, and the House of Commons can hold a second vote.
The government can explain to Parliament why they still wish to ratify the treaty, and the House of Commons can hold a second vote. The power to ratify treaties is a royal prerogative power, but is regulated by a procedure laid down in statute. Ordinarily, the treaty is laid, with either House of Parliament having 21 days to vote against the treaty. If a House votes against ratifying and the government still wants the treaty ratified, it can explain to Parliament why, and then the House of Commons has a further 21 days to vote against ratifying the treaty.
32
A Conservative government was elected at the last election. In their manifesto, the Conservatives promised that they would pass legislation to allow autonomous cars to be on the roads. Pursuant to that commitment, the House of Commons passed the Autonomous Cars Bill. Many members of the House of Lords are concerned about the safety of autonomous cars and are inclined to vote against the Bill.
Which best explains the constitutional considerations that regulate how the House of Lords can respond to the Bill?
By constitutional convention, the House of Lords is required to grant a Second Reading to a bill which implements a manifesto commitment of the government.
Because the Bill is implementing a manifesto commitment of the government, the House of Lords is required by constitutional convention to grant a Second Reading to the Bill. Under the Salisbury Convention, the House of Lords will grant a Second Reading to a bill as a matter of course if the bill is implementing a commitment made by the party elected into government (here, the Conservative Party) in their manifesto.
33
After a major political scandal involving the leadership of the party who were in government, a general election was held. The party who were in opposition won 450 seats in the House of Commons, and the party who were in government won 200 seats.
Which of the following best explains who will become Prime Minister?
The Monarch will appoint the person who can command the confidence of the House of Commons to the office.
The Monarch will appoint the person who can command the confidence of the House of Commons as the next Prime Minister. By constitutional convention, the Prime Minister must be an MP who is able to command the confidence of the House of Commons. This is usually the leader of the political party with a majority of the seats in the House of Commons. As there are 650 seats in the House of Commons, a political party needs 326 seats to have a majority. Here, the party that were in opposition has won 450 seats and are now in the majority. The previous Prime Minister would therefore resign, and the Monarch would appoint the person who can command the confidence of the House of Commons (likely the Leader of the party that are now in the majority) as the next Prime Minister.
34
A woman is explaining to a man the concept of constitutional conventions.
Which best describes constitutional conventions?
A constitutional convention is a non-legal rule which usually applies to the Monarch, government ministers, or MPs.
Constitutional conventions are rules which are not matters of law, but rather are derived from practice and can apply to the Monarch, government ministers, or MPs (among others)
35
A constitutional convention is considering the powers of government ministers, and, in particular, the relationship between ministers and the royal prerogative. The participants of the convention seek to define how government ministers exercise the royal prerogative powers.
Which best describes how government ministers exercise the royal prerogative powers?
Ministers make decisions which may need to be formally approved by the Monarch before taking legal effect.
Under the royal prerogative, ministers may make decisions which may need to be formally approved by the Monarch. These powers are known as the ministerial prerogatives and are described as such because they are in substance exercised by ministers on behalf of the Crown. For some ministerial prerogative powers, the final approval of the decision still rests with the Monarch, but this is a formality.
36
In the previous session of Parliament, the House of Commons passed the Trade Union Restriction Bill. However, the House of Lords voted against the Bill. One year later, in the current session of Parliament, the House of Commons approved the Bill, but the House of Lords rejected it again.
Which best explains the constitutional position?
The House of Commons can immediately send the Bill for the Royal Assent.
The House of Commons may immediately send the Bill for the Royal Assent. Generally, when it comes to legislation, the House of Lords has the same powers as the House of Commons. However, under the Parliament Acts 1911-1949, if the House of Lords rejects a bill that has been approved by the House of Commons and the House of Commons passes the bill in the following session, only for it to be rejected again by the House of Lords, the Bill can nevertheless be sent for the Royal Assent. A year needs to have elapsed between the Bill being granted a Second Reading in the first session and being granted a Third Reading in the second session. Here, this condition has been met; at least a year passed between the Bill being passed in successive sessions of Parliament. Therefore, the Bill can be sent for Royal Assent.
37
In a debate in the House of Commons on the number of social security claimants, the Secretary of State claimed that the number of claimants has been reduced under the government. The Secretary of State relied on statistics that had been prepared by her civil servants. Later, the Secretary of State learned that the statistics were incorrect and that the number of claimants had not been reduced, but at the time of the debate, she was not aware of the error.
Which best explains what the Secretary of State would be expected to do?
She would be expected to correct the error as soon as possible.
The Secretary of State would be expected to correct the error as soon as possible. All government ministers owe a fundamental duty not to mislead Parliament. Should they do so inadvertently, they are expected to correct the error with Parliament as soon as possible. If a minister knowingly misleads Parliament, they would be expected to resign. Here, the Secretary of State inadvertently misled Parliament, since at the time of the debate, she did not know that the statistics were incorrect. Therefore, she would need to correct the error as soon as possible.
38
The Secretary of State for Work and Pensions has come under scrutiny because his department is taking too long to decide applications for welfare payments, which was deemed to be an operational failure. Some MPs have said that the Secretary of State should resign.
Which best explains how the Secretary of State should respond to the calls for his resignation?
The Secretary of State should explain to Parliament what is happening within his department.
The Secretary of State should explain to Parliament what is happening within his department. Ministers are accountable and responsible for the actions of their department. This means that ministers have a duty to give an account to Parliament for operational failures, and to take responsibility for policy failures. 'Giving an account' means responding to criticisms and concerns raised by Parliament in a way which ensures that Parliament will continue to have confidence in the minister and the government. 'Taking responsibility' means that the minister must personally take the blame for the failure, which can ultimately include resignation. Because, here, the Secretary of State's department committed an operational failure, the Secretary of State would be expected to give an account; that is, explain to Parliament what is happening in his department.
39
An environmental charity has secured a court order requiring the Secretary of State for Transport to stop all preparations for the construction of a new railway line until an environmental assessment has been completed. Despite this, the Secretary of State has ordered his officials to continue to make preparations for the new railway line.
Which best explains the legal situation?
The Secretary of State could be found in contempt of court.
The Secretary of State could be found in contempt of court. This is an example of one of the elements of the rule of law, in that, generally, no person is above the law. Here, the Secretary of State is bound by the law just like any other person. This means that he must comply with the terms of the court order against him, not continue with the preparations for the new railway line. As the Secretary of State has not complied with the order, he could be found in contempt of court.
40
During a debate in the House of Commons, an MP argues for a set of constitutional changes so that the UK constitution "better reflects the separation of powers". As part of the discussion, the MP summarises how the UK constitution currently reflects the separation of powers.
What would best describe the MP's summary?
There is a partial separation of powers, in that there is some overlap in the functions and personnel of the branches of government.
The UK has a partial separation of powers in light of the overlap between the functioning and personnel of the three branches. The principle of the separation of powers provides that the executive, legislature, and judiciary are separate in terms of their function and their personnel and that, to some extent, the different branches serve as a check and a balance against each other. However, there is a substantial overlap between the executive and legislature. In terms of personnel, all government ministers must be members of the legislature and in function, the executive branch may pass secondary legislation under powers granted to it by the legislature.
41
During a debate in the House of Commons on crime, an MP referred to a high-profile murder case currently before the criminal courts and said that the case against the defendant is overwhelming.
Has the MP done anything wrong?
Yes, because the MP has breached the sub judicie rule.
The MP has breached the sub judicie rule. Generally, MPs (and members of the House of Lords) have freedom of speech within Parliament under parliamentary privilege. However, out of respect to the separation of powers, the freedom of speech is limited by the sub judicie rule, which provides that, during debates, MPs (and members of the House of Lords) should not refer to cases currently ongoing before the courts. Here, the MP breached the sub judicie rule by referring to an ongoing case during the debate.
42
What is the sub judice rule?
The sub judice rule restricts Members of Parliament (MPs) and members of the House of Lords from referring to ongoing court cases during debates, out of respect for the separation of powers between Parliament and the judiciary.
43
Why is the sub judice rule important?
It ensures that parliamentary discussions do not influence or appear to interfere with judicial proceedings, preserving the independence of the judiciary and the fairness of trials.
44
What parliamentary privilege allows MPs to speak freely in Parliament?
MPs and Lords have freedom of speech in Parliament under parliamentary privilege, which protects them from legal action for things said during debates.
45
How does the sub judice rule limit parliamentary privilege?
While MPs have freedom of speech in Parliament, the sub judice rule limits this by prohibiting references to ongoing legal cases during debates.
46
What happens when an MP breaches the sub judice rule?
Breaching the rule, such as by referencing an ongoing case during a debate, undermines respect for the separation of powers and could potentially prejudice the judicial process.
47
The House of Commons is about to debate a bill that would abolish the monarchy.
what type of committee will the committee stage of the bill's passage take place?
A Committee of the Whole House.
At the committee stage, the bill will be considered in a Committee of the Whole House. The committee stage for the passage of bills in the House of Commons can take place in one of two committees: a Public Bill Committee or a Committee of the Whole House. Bills of 'first-class constitutional importance', a category to which a bill to abolish the monarchy would qualify, are debated in a Committee of the Whole House.
48
The Prime Minister has decided to hold a referendum on whether the North of England should get its own Parliament, similar to the Scottish Parliament. Some ministers are in favour, whilst others, including the Chancellor and the Home Secretary, oppose the idea.
what is the best option available for the Prime Minister to address the disagreement among the ministers?
Suspend collective responsibility and allow ministers to campaign on either side of the referendum.
The Prime Minister's best option is to suspend collective responsibility and allow ministers to campaign on either side of the referendum. Collective responsibility requires government ministers to support government polices in public and before Parliament. However, the Prime Minister is able to 'set aside' or suspend collective responsibility, and this has happened at previous referendums. When this is done, ministers are able to campaign on different sides, meaning that they are allowed, unusually, to disagree with each other in public.
49
The government has agreed a new international treaty with Singapore. The government has laid the treaty before both the House of Commons and the House of Lords. After 14 days, the House of Commons voted against ratifying the treaty.
What is the best way to explain the options available to the government?
The government can explain to Parliament why they still wish to ratify the treaty, and the House of Commons can hold a second vote.
The government can explain to Parliament why they still wish to ratify the treaty, and the House of Commons can hold a second vote. The power to ratify treaties is a royal prerogative power, but is regulated by a procedure laid down in statute. Ordinarily, the treaty is laid, with either House of Parliament having 21 days to vote against the treaty. If a House votes against ratifying and the government still wants the treaty ratified, it can explain to Parliament why, and then the House of Commons has a further 21 days to vote against ratifying the treaty.
50
A Conservative government was elected at the last election. In their manifesto, the Conservatives promised that they would pass legislation to allow autonomous cars to be on the roads. Pursuant to that commitment, the House of Commons passed the Autonomous Cars Bill. Many members of the House of Lords are concerned about the safety of autonomous cars and are inclined to vote against the Bill.
What is the constitutional considerations that regulate how the House of Lords can respond to the Bill?
By constitutional convention, the House of Lords is required to grant a Second Reading to a bill which implements a manifesto commitment of the government.
Because the Bill is implementing a manifesto commitment of the government, the House of Lords is required by constitutional convention to grant a Second Reading to the Bill. Under the Salisbury Convention, the House of Lords will grant a Second Reading to a bill as a matter of course if the bill is implementing a commitment made by the party elected into government (here, the Conservative Party) in their manifesto.
51
After a major political scandal involving the leadership of the party who were in government, a general election was held. The party who were in opposition won 450 seats in the House of Commons, and the party who were in government won 200 seats.
Explain who will become Prime Minister?
The Monarch will appoint the person who can command the confidence of the House of Commons to the office.
The Monarch will appoint the person who can command the confidence of the House of Commons as the next Prime Minister. By constitutional convention, the Prime Minister must be an MP who is able to command the confidence of the House of Commons. This is usually the leader of the political party with a majority of the seats in the House of Commons. As there are 650 seats in the House of Commons, a political party needs 326 seats to have a majority. Here, the party that were in opposition has won 450 seats and are now in the majority. The previous Prime Minister would therefore resign, and the Monarch would appoint the person who can command the confidence of the House of Commons (likely the Leader of the party that are now in the majority) as the next Prime Minister.
52
A woman is explaining to a man the concept of constitutional conventions.
Describes constitutional conventions?
A constitutional convention is a non-legal rule which usually applies to the Monarch, government ministers, or MPs.
53
A constitutional convention is considering the powers of government ministers, and, in particular, the relationship between ministers and the royal prerogative. The participants of the convention seek to define how government ministers exercise the royal prerogative powers.
Describes how government ministers exercise the royal prerogative powers?
Ministers make decisions which may need to be formally approved by the Monarch before taking legal effect.
Under the royal prerogative, ministers may make decisions which may need to be formally approved by the Monarch. These powers are known as the ministerial prerogatives and are described as such because they are in substance exercised by ministers on behalf of the Crown. For some ministerial prerogative powers, the final approval of the decision still rests with the Monarch, but this is a formality.
54
In the previous session of Parliament, the House of Commons passed the Trade Union Restriction Bill. However, the House of Lords voted against the Bill. One year later, in the current session of Parliament, the House of Commons approved the Bill, but the House of Lords rejected it again.
Explain the constitutional position?
The House of Commons can immediately send the Bill for the Royal Assent.
The House of Commons may immediately send the Bill for the Royal Assent. Generally, when it comes to legislation, the House of Lords has the same powers as the House of Commons. However, under the Parliament Acts 1911-1949, if the House of Lords rejects a bill that has been approved by the House of Commons and the House of Commons passes the bill in the following session, only for it to be rejected again by the House of Lords, the Bill can nevertheless be sent for the Royal Assent. A year needs to have elapsed between the Bill being granted a Second Reading in the first session and being granted a Third Reading in the second session. Here, this condition has been met; at least a year passed between the Bill being passed in successive sessions of Parliament. Therefore, the Bill can be sent for Royal Assent.
55
In a debate in the House of Commons on the number of social security claimants, the Secretary of State claimed that the number of claimants has been reduced under the government. The Secretary of State relied on statistics that had been prepared by her civil servants. Later, the Secretary of State learned that the statistics were incorrect and that the number of claimants had not been reduced, but at the time of the debate, she was not aware of the error.
Explain what the Secretary of State would be expected to do?
She would be expected to correct the error as soon as possible.
The Secretary of State would be expected to correct the error as soon as possible. All government ministers owe a fundamental duty not to mislead Parliament. Should they do so inadvertently, they are expected to correct the error with Parliament as soon as possible. If a minister knowingly misleads Parliament, they would be expected to resign. Here, the Secretary of State inadvertently misled Parliament, since at the time of the debate, she did not know that the statistics were incorrect. Therefore, she would need to correct the error as soon as possible.
56
The Secretary of State for Work and Pensions has come under scrutiny because his department is taking too long to decide applications for welfare payments, which was deemed to be an operational failure. Some MPs have said that the Secretary of State should resign.
Explain how the Secretary of State should respond to the calls for his resignation?
The Secretary of State should explain to Parliament what is happening within his department.
) The Secretary of State should explain to Parliament what is happening within his department. Ministers are accountable and responsible for the actions of their department. This means that ministers have a duty to give an account to Parliament for operational failures, and to take responsibility for policy failures. 'Giving an account' means responding to criticisms and concerns raised by Parliament in a way which ensures that Parliament will continue to have confidence in the minister and the government. 'Taking responsibility' means that the minister must personally take the blame for the failure, which can ultimately include resignation. Because, here, the Secretary of State's department committed an operational failure, the Secretary of State would be expected to give an account; that is, explain to Parliament what is happening in his department.
57
An environmental charity has secured a court order requiring the Secretary of State for Transport to stop all preparations for the construction of a new railway line until an environmental assessment has been completed. Despite this, the Secretary of State has ordered his officials to continue to make preparations for the new railway line.
Explains the legal situation?
The Secretary of State could be found in contempt of court.
The Secretary of State could be found in contempt of court. This is an example of one of the elements of the rule of law, in that, generally, no person is above the law. Here, the Secretary of State is bound by the law just like any other person. This means that he must comply with the terms of the court order against him, not continue with the preparations for the new railway line. As the Secretary of State has not complied with the order, he could be found in contempt of court.
58
During a debate in the House of Commons, an MP argues for a set of constitutional changes so that the UK constitution "better reflects the separation of powers". As part of the discussion, the MP summarises how the UK constitution currently reflects the separation of powers.
describe the MP's summary?
There is a partial separation of powers, in that there is some overlap in the functions and personnel of the branches of government.
The UK has a partial separation of powers in light of the overlap between the functioning and personnel of the three branches. The principle of the separation of powers provides that the executive, legislature, and judiciary are separate in terms of their function and their personnel and that, to some extent, the different branches serve as a check and a balance against each other. However, there is a substantial overlap between the executive and legislature. In terms of personnel, all government ministers must be members of the legislature and in function, the executive branch may pass secondary legislation under powers granted to it by the legislature.
59
The Environmental Health Committee, which is part of a local council, is required by statute to inspect the hygiene and food safety of all restaurants in their area. The committee has decided to delegate the inspections to a company, Food Safety Inspections Ltd. The owner of a restaurant has received a poor safety rating from the inspection company. In response, the owner of the restaurant files an application for judicial review with respect to this decision.
If the owner succeeds on their judicial review claim, what is most likely to be the reason?
The Company received an unlawful delegation of power.
The woman cannot bring a judicial review claim because she does not have any ground upon which to bring such a claim. A judicial review is a review of the legality of a governmental decision. It must be based on a specific ground of appeal, such as illegality, procedural impropriety, unreasonableness, or breach of legitimate expectations. Here, no such ground is included in the facts.
60
Following the departure of the UK from the EU, a farmer has decided to treat his crops with a chemical that was banned under an EU directive. The farmer believed that because of Brexit, the secondary legislation (passed in 2012) that implemented the directive into UK law would no longer apply. When the local environmental inspector saw the chemical, he told the farmer to stop using it because its use remained illegal.
Explain why use of the chemical remains illegal?
The chemical is still illegal because the secondary legislation implementing the directive is preserved as EU-derived domestic legislation.
The European Union (Withdrawal) Act 2018 created a new form of UK law, known as retained EU law, which preserves most EU law that entered UK law via the European Communities Act 1972 before the end of the transition period. One category of retained EU law is EU-derived domestic legislation, which includes any primary or secondary legislation implementing an EU directive, such as the one here. As a result, use of the chemical remains illegal.
61
A group of hardline animal rights activists have given notice that they wish to hold a procession in Liverpool to campaign for animal rights. Because previous processions by this group have been violent, the Chief Constable of Merseyside Police wishes to ban the procession.
To whom should the application to ban the procession be made?
The local council.
As the activists intend on holding the procession outside of London, the application to ban it has to be made to the local council. Had the activists intended on holding the procession within Greater London or the City of London, the application would have to be made to the Home Secretary.
62
A case comes before the Supreme Court concerning the interpretation of a provision in Article 8 of the European Convention on Human Rights. The appellant argues that the court should follow a recent line of decisions from the European Court on Human Rights (the 'ECtHR judgments'), which provide a clear interpretation of the provision. The respondent argues that the court is free to make its own interpretation of Article 8.
Explain how the Supreme Court should treat the ECtHR judgments?
The Supreme Court should follow the ECtHR judgments.
The Supreme Court should follow the ECtHR judgments. Under the Human Rights Act 1998, the UK courts are required to "take into account" the case law of the ECtHR. This has been interpreted as requiring the courts to follow (or 'mirror') the ECtHR's interpretation of convention rights when the point is clear and settled. Thus, in light of the ECtHR's clear line of authority on the Article 8 provision, the Supreme Court should follow the ECtHR judgments.
63
The Supreme Court has made a declaration of incompatibility in relation to a provision of an Act of Parliament. A senior minister meets with her junior ministers to determine how to proceed, and they conclude that the declaration concerns an urgent issue.
Explains how the senior minister should respond to the declaration?
The senior minister can enact a remedial order correcting the incompatibility, and then lay it before Parliament.
The best answer is that the senior minister can enact a remedial order to correct the incompatibility, and then lay it before Parliament. Declarations of incompatibility can be addressed by the government through remedial orders. This is a form of secondary legislation which allows the government to amend or repeal legislation, including Acts of Parliament. For matters deemed urgent, ministers can make remedial orders that immediately become effective. However, the order must then be laid (that is, published) before both Houses, and it will cease to have effect if within 120 days, either House has not passed a resolution approving the order.
64
The owner of a vacant building applied to turn part of the building into a restaurant. The application has been accepted by the local council's planning committee. The director of the building company who will undertake the necessary work sat on the Committee when this decision was made. Within two weeks of the decision, a woman who owns another restaurant 50 miles away in another council area reads about the decision of the committee in a newspaper. The woman wishes to challenge the decision of the committee through judicial review proceedings.
Explain why the woman's application for judicial review is unlikely to be successful?
Because the woman does not have standing.
The most likely reason the woman's application will not succeed is that the woman does not have standing to make the application. To have standing for judicial review, the claimant must have a sufficient interest in the decision at issue. Here, the woman likely lacks a sufficient interest in this decision. The planned restaurant is a considerable distance away from her own restaurant and thus is unlikely to compete with her restaurant.
65
It has emerged that in 2016, the UK Parliament enacted an Act of Parliament which conflicted with a provision of an EU regulation. That regulation has been preserved as retained EU law. However, this was not discovered until 2021.
Which of the following best explains the legal position?
That the regulation prevails over the Act.
The regulation will prevail over the Act. The European Union (Withdrawal) Act 2018 maintains the principle of supremacy in relation to legislation enacted before the end of the transition period (that is, before 31 December 2020). This means that if there is a conflict between UK law enacted before the end of the transition period and retained EU law, the retained EU law will prevail. Here, the retained regulation conflicts with legislation enacted before the end of the transition period. Accordingly, the regulation will prevail over the Act.
66
A man has been dismissed from his employment at a bank because of his religion. As a result, he brings a claim against the bank under Section 6 of the Human Rights Act 1998. In the claim, the man contends that his firing violates Article 9 (Freedom of Thought, Conscience, and Religion) and Article 14 (Prohibition of Discrimination) of the European Convention on Human Rights ('ECHR'). The bank applies for a dismissal of the case.
How is the court most likely to rule on the bank's motion?
The court will grant the application because the claim does not satisfy Section 6.
The court should grant the application because the claim does not satisfy the criteria under HRA Section 6. Section 6 claims may be brought only against a public authority, and here the bank is not a public authority.
67
A bill in the Scottish Parliament (the 'Bill') has just completed all of its stages, but it has not yet received the Royal Assent. A minister within the Scottish government has expressed concerns that the Bill may be outside the legislative competence of the Scottish Parliament, and therefore wants the Bill to be referred to the Supreme Court to rule on that question.
Who can make this reference?
Only the Advocate General for Scotland, the Attorney General, and the Lord Advocate.
The Advocate General for Scotland, the Attorney General, and the Lord Advocate can make the reference. Between a bill passing all of its stages in the devolution legislature and receiving the Royal Assent, the bill can be referred to the Supreme Court to determine whether the bill is within the legislative competence of the devolved legislature. In Scotland, this reference can be made by either the Advocate General for Scotland, the Attorney General, or the Lord Advocate.
68
In 2018, the Scottish Parliament passed the Whisky Production Protection (Scotland) Act 2018. The Act provides that only whisky produced in Scotland can be sold there. The 2018 Act conflicts with retained EU law.
Describes the status of the Act?
The Act is outside the law-making power of the Scottish Parliament and can be declared invalid by the Supreme Court.
The 2018 Act is outside the law-making power of the Scottish Parliament and can be declared invalid by the Supreme Court. Up until the end of the transition period (that is, up through December 2020), the Scottish Parliament did not have the power to legislate contrary to EU law, which has been preserved after the transition period as retained EU law. The question of whether an act of the devolved legislatures is within their law-making powers can be referred to the Supreme Court by a lower court. Because the 2018 Act conflicts with retained EU law (meaning it conflicted with EU law when it was passed), the Supreme Court could declare the 2018 Act as invalid. Note, however, that the devolved legislatures can now amend or repeal retained EU law within their legislative competence, so the Scottish Parliament could circumvent the Supreme Court's ruling by passing similar legislation to the 2018 Act.
69
The UK Parliament has decided that it wishes to pass legislation across the UK reforming healthcare. Healthcare is a devolved matter in Scotland, Wales, and Northern Ireland.
Explains how Parliament should proceed with the legislation?
Parliament should seek the consent of the Scottish Parliament, Welsh Parliament, and Northern Irish Assembly before enacting the legislation.
Parliament should seek the consent of the Scottish Parliament, Welsh Parliament, and Northern Irish Assembly before enacting the legislation. The UK Parliament is sovereign and retains the power to legislate for Scotland, Wales, and Northern Ireland, even on matters that have been devolved to those nations. However, under the Sewel Convention, normally the UK Parliament will seek the consent of the Scottish Parliament, Welsh Parliament, or Northern Irish Assembly before legislating for those nations on a devolved matter.
70
Which of the following best describes the concept of an uncodified constitution?
One that lacks a single source of rules.
71
The notion that the government should act according to the law is a component of which principle?
The Rule of Law.
72
Is the UK constitution considered to be entrenched?
No
73
When can the courts strike down an Act of Parliament?
Never.
74
If a court interprets an Act of Parliament in a way that is not agreeable to Parliament, which of the following is true about what Parliament could do?
It could pass an amendment to make the law clearer.
75
What powers do the courts have regarding Acts of Parliament?
They can interpret them, but they cannot strike them down.
76
Which of the following best describes the royal prerogative?
Powers recognised under common law as belonging to the Crown.
77
Constitutional conventions are best described as what kind of rule?
Political rules.
78
Describe the concept of 'asymmetric devolution' in the UK?
The UK Parliament has evenly delegated governing powers to Wales, Scotland, and Northern Ireland.
79
What does it mean when it is said that the UK has a parliamentary system of government?
Members of the executive, including the Prime Minister and other ministers, also have seats in Parliament.
80
Which of the following best describes the Enrolled Bill Rule?
The courts will not question the validity of Acts of Parliament and must give effect to them.
81
Suppose that Parliament passes an Act raising the speed limit on motorways. Years later, Parliament passes a second Act lowering the speed limit back down to its original level. Which of the following best describes what has occurred here?
Parliament has impliedly repealed the first Act.
82
How does Parliament serve as a check and balance against the executive branch?
Parliament scrutinises the actions of the executive.
83
True or false? In theory, Parliament could legislate contrary to the rule of law
True
84
Which of the following correctly describes who is elected in Parliament?
Members of the House of Commons are elected, but Members of the House of Lords are not elected.
85
What process can the Monarch use to end a session of Parliament?
Prorogation.
86
Which of the following best describes the Suspensory Veto Under Parliament Acts 1911-1949?
If the House of Lords block legislation already passed in the Commons, and then block it again after it is passed by the Commons in the next session of Parliament, it will still be sent for Royal Assent.
87
What does the government need in order to pass secondary legislation?
Authorisation by an Act of Parliament.
88
Which of the following best describes the Negative Resolution Procedure?
The draft of the legislation is laid in both Houses, and it will take effect unless either House rejects the legislation within 40 days.
89
Could a person sue a Member of Parliament ('MP') for defamation based on something that was said during a session of Parliament?
No, because parliamentary privilege provides for the freedom of speech in Parliament.
90
Which of the following statements is true regarding the creation and abolishment of the royal prerogative powers?
They can be abolished by Parliament, and no new powers can be created.
91
Suppose that Parliament passes an Act giving the government powers to act in an area which overlaps with one of the prerogative powers. What is the result?
The government must act under the authority of the Act of Parliament.
92
What does the government need to do in order to ratify an international treaty?
It must lay a draft before both Houses and give both Houses 21 days to vote against ratification.
93
Under the cardinal convention, if the Monarch disagrees with the advice of the Prime Minister on a matter, how can she proceed?
She must act in accordance with the Prime Minister's advice.
94
Suppose that, after a general election, a different party holds a majority of seats in the House of Commons. By constitutional convention, who must the Monarch appoint as Prime Minister?
The leader of the party with the majority of seats in the House of Commons
95
Suppose that the party with a majority of seats in the House of Commons continues to hold a majority after a general election. Which of the following best describes what will happen next?
The current Prime Minister can stay in office.
96
What is the title given to the leaders of government departments?
Secretaries of State.
97
Which of the following best describes how ministers are appointed?
The Monarch formally appoints them on the advice of the Prime Minister.
98
Which of the following is true regarding the Cabinet?
Decisions within Cabinet should be reached collectively.
99
Under the Carltona Doctrine, who may exercise a power granted by an Act of Parliament to a Secretary of State?
Civil servants within the relevant Secretary of State's department.
100
What type of appeal can the Judicial Committee of the Privy Council hear?
Appeals from certain Commonwealth nations and the British Overseas Territories.
101
Which of the following best describes how a minister must respond if there is an operational failure in their department?
The minister must give an account and take steps to correct the problem.
102
Who can ask questions during Prime Minister's Question Time, and what can those questions concern?
Members of Parliament from all political parties can ask the questions, and they can relate to the overall conduct of the government.
103
Which of the following best reflects how the Welsh Parliament could be abolished?
By a referendum of the Welsh people and an Act of the UK Parliament
104
Which of the following best reflects what is needed for Northern Ireland to join the Republic of Ireland under the Good Friday Agreement?
A referendum of the people of Northern Ireland.
105
Suppose that the UK Parliament plans on legislating on a matter that has been devolved to the Scottish Parliament. The UK Parliament first asks the Scottish Parliament for consent to pass the legislation, which the Scottish Parliament refuses. How can the UK Parliament proceed?
The UK Parliament can still pass the legislation.
106
If a Scottish court believes that an Act passed by the Scottish Parliament may exceed its legislative competence, what can the Scottish court do?
Refer the matter to the UK Supreme Court for a decision.
107
Suppose the Welsh Parliament puts forth a bill which officials in the Welsh Government fear may exceed the Welsh Parliament's legislative competence. The bill has gone through the legislative process and is awaiting the Royal Assent. Which of the following best explains what could happen next?
The bill can be referred to the UK Supreme Court for a decision as to its validity.
108
What is judicial review?
A method for the courts to scrutinise the actions of the executive.
109
Which of the following claimants is the most likely to have standing for judicial review?
A person whose land was appropriated by the government to build a road.
110
Under judicial review, a decision of a public body will not be upheld if it is irrational (unreasonable). Which of the following actions would most likely satisfy the 'irrationality' test?
A public body orders all businesses in a community to shut down during rainy weather.
111
Suppose that, as part of a judicial review proceeding, a court quashes the public body's decision and issues a mandatory order requiring the public body to retake the decision. Which of the following is true when the public body retakes the decision?
The public body could reach a different decision, but it is not legally required to do so.
112
Which of the following statements correctly describes the relationship between the Human Rights Act 1998 ('HRA') and the European Convention on Human Rights ('ECHR')?
The HRA incorporates the ECHR into UK law, so that the ECHR can be invoked in the UK courts.
113
A right under the European Convention on Human Rights ('ECHR') that can be limited only in the circumstances provided in the ECHR article is what type of right?
A limited right.
114
Which of the following correctly describes how the European Court of Human Rights applies the margin of appreciation for the member states of the European Convention on Human Rights?
It will likely apply a narrower margin of appreciation when there is a consensus among the member states on the issue, and a broader margin of appreciation when there is a lack of consensus.
115
Which of the following best describes the concept of 'derogation' with respect to the European Convention on Human Rights ('ECHR')?
The members states of the ECHR can depart from complying with most of the ECHR articles in the event of war or other public emergencies threatening the nation.
116
Under the Human Rights Act 1998, when UK courts are dealing with a case that involves a right under the European Convention on Human Rights, which of the following is true with regard to the weight given to judgments of the European Court of Human Rights ('ECtHR')?
The UK courts are expected to follow the interpretation of the ECtHR when there is a clear line of authority.
117
True or false? Under the Human Rights Act 1998, the UK courts are required to interpret legislation in a way that is compatible with the European Convention on Human Rights, to the extent that is possible.
True
118
Suppose that, during a case, a UK court determines that it cannot interpret an Act of Parliament in a way that makes it compatible with the European Convention on Human Rights. Therefore, the court issues a declaration of incompatibility. What is the effect of the declaration?
The declaration has no effect other than to alert Parliament of the incompatibility issue.
119
Who may bring a claim against a public authority under the Human Rights Act 1998 ('HRA')?
Only the person whose rights were alleged to have been violated
120
An organisation dedicated to promoting free speech seeks judicial review under Section 6 of the Human Rights Act 1998 on behalf of a person who was detained by the police after participating in a protest. Can the organisation successfully assert its judicial review claim?
No, because the organisation was not directly affected by the conduct of the police.
121
Which of the following is true regarding the difference between Article 14 of the European Convention on Human Rights ('ECHR') and the Equality Act 2010?
Unlike Article 14, the Equality Act 2010 allows for freestanding claims of discrimination.
122
Which of the following claims under Section 6 of the Human Rights Act 1998 would most likely be successful?
A claim against a public authority alleging religious discrimination in violation of Article 9 (Freedom of Thought, Conscience, and Religion) and Article 14 of the European Convention on Human Rights.
123
True or false? The Equality Act 2010 applies to discrimination claims against private employers.
True
124
Which of the following is true as to the award of remedies under Section 6 of the Human Rights Act 1998?
The court may award any remedy within its powers that is just and appropriate
125
For a police officer to arrest a person to prevent a breach of the peace, what must be true?
The breach must be imminent.
126
Suppose that a group of people are walking through a public garden. The group enters a restricted area of the garden and starts stomping on some rare flowers. How big must the group be for this conduct to potentially qualify as a trespassory assembly?
At least 20 people
127
Which of the following best describes how notice must be given for a public procession?
Notice must be given at least six clear days before the procession (if possible), and it must be provided to the local police station.
128
When can the police ban a public procession?
When the chief constable determines that they cannot prevent the public procession from resulting in serious disorder.
129
Which of the following best reflects the definition of a public assembly? assembly?
A gathering of two or more people in a public place which is at least partially in the open air.
130
True or false? Retained EU law enjoys supremacy over conflicting Acts of Parliament passed before the end of the transition period under the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020.
True
131
Suppose that in 1995, 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 under the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020?
The direct EU legislation
132
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?
The Act of Parliament
133
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?
The UK courts are not bound by the decision.
134
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?
The High Court is bound by the decision.
135
After working for the same company for 35 years, a man has been sacked from his job. A newly installed manager has explained that the company believes that his job is better suited to a younger individual who "will have more energy for the tasks involved". The man has never taken a sick day or been late to work, and he has consistently received excellent evaluations.
Can the man make an application for judicial review against the company?
No, because the company is not a public body.
The man cannot make an application for judicial review because the company is not a public body. Judicial review is available only against public law bodies, and companies are not public law bodies. Examples of public law bodies include government departments, local authorities, and agencies created by statute.
136
Concerned about the availability of affordable housing, the government wishes to work with local authorities to build high-rise council tower blocks in the outer suburbs of several cities. The Monarch is concerned that this will encourage urban sprawl and disrupt the beauty and comfort of these areas. The Prime Minister has told the Monarch the policy is necessary and the government has decided that the benefits outweigh any negative impact.
Explains what actions the Monarch can take?
The Monarch must accept the advice of the Prime Minister regarding the policy and publicly support it.
The Monarch must accept the advice of the Prime Minister regarding the policy and publicly support it. 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, and publicly support their decision.
137
After approving licences for a range of other establishments to open in a new shopping centre, a local licensing board denied an applicant's request for a licence to operate a nail salon in the complex. The board's chairperson cast the deciding vote against the application. The applicant later learns that the chairperson and their spouse own and operate a nail salon located just a few blocks from the new complex.
Can the applicant likely bring a successful claim for judicial review of the board's decision?
Yes, because the chairperson breached the automatic disqualification rule.
Yes, the applicant can bring a claim for judicial review because the chairperson breached the automatic disqualification rule. When a member of a public body has a financial interest in the decision at issue, they are automatically disqualified from being involved in the decision. This is a form of procedural impropriety. The chairperson here had a financial interest in the decision, since the chairperson owned a store that would likely be in competition with the applicant's nail salon if the application were granted.
138
What is the automatic disqualification rule?
The automatic disqualification rule ensures that decision-makers in public bodies or administrative proceedings are disqualified from participating in decisions if they have a direct financial interest or other personal stake in the outcome. This protects fairness and impartiality in the decision-making process.
139
According to a provision of the School Access Act, before finalising a decision to change school hours, the local education authority must hold a public meeting regarding the change and must release a notice at least three weeks in advance of that meeting. A local education authority decided to change the school hours for its primary school students. The authority released a notice only one week before the public meeting at which the change was approved. One month after the meeting, an application for judicial review seeking to set aside the decision to change school hours is made by a parent who did not attend the meeting. The parent has two children in a school impacted by the time change and has stated that they cannot change their work schedule and do not have other child care available to accommodate the change in school (and out-of-school) hours.
Explain whether the parent's claim is likely to succeed?
The claim is likely to succeed because the authority failed to comply with a statutory procedural requirement.
The court is likely to rule in the parent's favour because the authority failed to comply with a statutory procedural requirement. The statute here imposed a mandatory procedural requirement (that is, one that must be followed). If a public body fails to comply with a mandatory procedural requirement, its action will be invalid. Here, the local education authority changed school hours without giving the necessary notice before a public meeting on the change. Consequently, the change should be invalid.
140
A university student from California is completing a study abroad program in England. The student is watching the BBC's Newsnight with several classmates when the presenter refers to the Cabinet. The student asks their classmates about the composition and role of the Cabinet in the UK.
Explain the Cabinet's composition and function?
The Cabinet is comprised of the most senior ministers who collectively make the most important decisions of the government.
The Cabinet is comprised of the most senior ministers who collectively make the most important decisions of the government. Decisions which are expected to go to Cabinet include decisions to take military action, the most significant domestic and foreign policy issues, and setting out the government's legislative agenda as announced in the King's Speech
141
Citing the belief that consistency will help lead to enhanced safety, the UK Parliament has decided to pass the National Speed Limits Act which will regulate speed limits across the UK. Transport, including the setting of speed limits, is a devolved matter in Scotland, Wales, and Northern Ireland.
Explain how Parliament should proceed with the legislation?
Parliament should seek the consent of the Scottish Parliament, Welsh Parliament, and Northern Irish Assembly before enacting the legislation, but it can proceed even if any or all refuse consent.
Parliament should seek the consent of the Scottish Parliament, Welsh Parliament, and Northern Irish Assembly before enacting the legislation, but it can proceed even if any or all refuse consent. The UK Parliament is sovereign and retains the power to legislate for Scotland, Wales, and Northern Ireland, even on matters that have been devolved to those nations. However, under the Sewel Convention, normally the UK Parliament will seek the consent of the Scottish Parliament, Welsh Parliament, or Northern Irish Assembly before legislating for those nations on a devolved matter.
142
A group known as Her Hard Hat plans to hold a march to protest the gender pay gap in the construction industry. They intend to protest peacefully and wish to comply with all notice requirements for the public procession.
accurately describe the notice required?
They must give notice to the police at least six clear days before the march, specifying the day, time, route, and the name and address of the person organising the procession.
143
The Secretary of State for Health and Social Care recently introduced a proposal that would fund the use of mobile health clinics in all communities where there is insufficient access to medical care. A specialised committee within the Department of Health and Social Care would be responsible for determining when, where, and how often the mobile clinics will be deployed. Whilst the matter was being debated in the Cabinet, several ministers expressed their objections, citing concerns about costs and about the amount of centralised control. Nonetheless, the measure was adopted as government policy.
Describes the responsibilities of those ministers who opposed the measure?
They must support the proposal in public and before Parliament.
They must support the proposal in public and before Parliament. Under the doctrine of collective responsibility, when the government is developing policy, ministers are free to express their concerns in private. However, once government policy has been decided, ministers must defend and support the policy in public and before Parliament, even if they disagree with the policy. If a minister finds that they cannot support the policy, then they must resign from the government. (A) is incorrect because collective responsibility applies to both statements to the public and before Parliament.
144
Police in a part of England are concerned about an increase in drug-related hospital admissions involving university students. At a press conference, the chief constable discussed plans to increase efforts to monitor student halls for illegal drug use, including by using visual surveillance outside the building and doing unannounced walk-throughs with sniffer dogs. A student group objects that this is a violation of their right to privacy under the Human Rights Act 1998. In reply, the Dean of Students notes that the right to privacy is a qualified right.
Explain the concept of qualified rights?
A qualified right can be limited if necessary to achieve a legitimate interest.
A qualified right can be limited if necessary to achieve a legitimate interest. The right to privacy is a qualified right. This means that the right can be limited to the extent that is necessary to meet a legitimate aim. A proportionality test is used to determine whether a restriction is necessary-the aim must be important and legitimate, the measure must be rationally connected to achieve that aim, and there must be no less onerous ways of achieving the aim.
145
In response to criticism that the government fails to reflect modern democratic ideals, Parliament has passed an Act replacing the House of Lords with a House of Delegates. The new body will be elected, but the delegates will serve 15-year terms and represent much larger constituencies than members of the House of Commons. A group of campaigners opposes the change and suggests that they plan to bring a legal claim asking the courts to strike the Act down as being 'unconstitutional'.
Explain how the courts can respond to this action?
The courts do not have the power to 'strike down' the Act.
The courts do not have the power to 'strike down' the Act. Because of the doctrine of parliamentary sovereignty, the courts cannot 'strike down' an Act of Parliament for any reason. Instead, they must give effect to the legislation, even if the legislation is considered 'unconstitutional'.
146
An Act of Parliament passed in 1932 provides that married individuals have preference when it comes to hiring for certain civil service jobs. The Act was passed because the government believed it would help support children and families. Recently, an unmarried person was passed over for a civil service job in favour of a married person who was less qualified. The unmarried person brings a challenge before the High Court, claiming that the Act violates the prohibition of discrimination in the Human Rights Act 1998 ('HRA') and the European Convention on Human Rights ('ECHR'). The unmarried person does not claim that the Act violates any other HRA or ECHR right.
Explain how the court should deal with the case?
The court must dismiss the case.
The court must dismiss the case. A discrimination claim under the HRA can be brought only if it is attached to the breach of another right. Here, the unmarried person claims the Act violates the prohibition on discrimination, but the individual does not connect this to the breach of another HRA or ECHR right. Therefore, the court must dismiss the case.
147
An ongoing court case turns on the interpretation of a provision in the Factory Emissions Act 2012. The court has stated that the provision is unclear on its face. One party wishes to rely on a statement about the provision that was made by a minister during a debate in the House of Commons. The minister's statement goes directly to the point at issue and offers a clear interpretation of the provision. The other party objects to the use of the minister's statement as an aid to interpret the Act because whilst the minister supported the Act, they were not the author.
Can the court properly refer to the minister's statement to help it interpret the provision?
Yes, because courts can refer to debates in Parliament to interpret legislation if the legislation is unclear and there is a helpful statement from a minister which is sufficiently clear.
The court can refer to the statement to interpret the provision. Generally, the courts do not refer to statements made in Parliament as an aid to the interpretation of legislation. As an exception, if the legislation is unclear and there is a helpful statement from a minister which is sufficiently clear (as is the case here), the courts can use the statement when interpreting the legislation.
148
A UK employee believes that he was denied a promotion because of his sexual orientation. The employee, whose employer is a private company, approaches a solicitor and inquires about bringing legal claims under both the Human Rights Act 1998 ('HRA') and the Equality Act 2010.
Which claims can the employee bring and in what court?
He can bring a legal claim in a UK court under the Equality Act 2010, but he cannot bring a legal claim under the HRA.
) The employee can bring a legal claim in a UK court under the Equality Act 2010, but he cannot bring a legal claim under the HRA. The employee cannot bring a complaint in any court under the HRA as his employer is private and claims under the HRA can be brought only against a public authority. However, he can bring a claim before a UK court under the Equality Act 2010 because that Act allows employees to bring discrimination claims against private employers.
149
Question
A town council is trying to revitalize a downtown area and attract new business to the region. Recently, the council approved a major retailer's application to open a store in the former library. The library was originally built in 1810, but it has been shuttered since 2015. The retailer plans to make major changes to the building's exterior.
A local historic preservation society believes the plans will affect the former library's character as a building of special architectural and historic interest. The group wishes to bring a claim for judicial review, alleging that the decision to grant the application was illegal because the council failed to follow several procedural requirements related to altering historic properties when it granted the application. The group includes leading experts on the region's history and has one of the largest memberships of any local history society in the UK.
Explain whether the society will have standing to bring an application for judicial review?
They are likely to have standing because they have a sufficient interest in this decision.
The society is likely to have standing because they have a sufficient interest in this decision. The normal test for standing is whether the party has a sufficient interest to raise the issue. Usually, a group of people who individually lack standing do not acquire standing by forming an association or group. However, it has been held that if the association is responsible, well resourced, has expertise, and there is unlikely to be an alternative claimant, they are likely to be deemed to have a sufficient interest. The society is likely to have standing here because they have expertise in the matters that the application raises and it is unlikely that another claimant would bring the application.
150
An individual who was convicted of arson asserts that they have a hearing impairment and were not provided with necessary adjustments to allow them to meaningfully participate in their trial. There is an Act that permits the criminal trial to proceed without such adjustments if the defendant's solicitor could participate on their behalf. The Court of Appeal has been asked to interpret the Act to determine whether it violates the right to a fair trial under the Human Rights Act 1998 ('HRA') and the European Convention on Human Rights ('ECHR').
Explain how the court should proceed?
The court should try to interpret the Act in a manner that complies with the ECHR, and if it cannot do so, then it should make a declaration of incompatibility.
The court should try to interpret the Act in a manner that complies with the ECHR, and if it cannot do so, then it should make a declaration of incompatibility. Under the HRA (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.
151
A child was kidnapped in London. The police suspect that a prisoner has information about the whereabouts of the child. The police torture the prisoner to obtain the information, leading to the safe return of the child. The prisoner brings a claim in the UK courts for a breach of the Human Rights Act 1998 which guarantees the absolute right not to suffer torture or inhuman or degrading treatment.
Assuming that the claim is validly made, will the police be able to defend the case successfully?
No, the police cannot justify their actions as the right not to be tortured is absolute and its violation can never be justified whatever the circumstances.
The right not to be tortured is an absolute right and the government can never derogate from the right, even to save a kidnapping victim, in war, during an emergency, or following a terrorist attack.
152
In 2022, the Supreme Court is hearing a case involving the labelling of infant formula milk which requires the court to interpret a provision of retained EU law. One party argues that the Supreme Court must follow a 2015 Court of Justice of the European Union ('CJEU') judgment that interprets the same provision. The other party argues that the Supreme Court can adopt its own interpretation of the law.
Can the Supreme Court adopt its own interpretation of the provision?
Yes, the CJEU judgment is retained EU case law, and the Supreme Court can adopt its own interpretation if it appears right to do so.
153
Police have learned that a human rights group is planning a protest at a warehouse outside Manchester. It is used by a large company to store goods imported from a factory known to employ children as young as eight years old in hazardous conditions. The protest is planned for a private access road which leads to the warehouse. Use of the road is restricted to company personnel and invited business associates. About 80 activists are expected to attend. Based on social media posts, police suspect the attendees intend to obstruct the flow of traffic to and from one of the region's largest employers, and many plan to inflict significant damage to the warehouse itself.
Can the police properly apply to ban the event before it occurs?
Yes, because the protest is a trespassory assembly, the police can apply to the local council to ban the event before it occurs.
154
A general election has been held. In a stunning upset, a new party, Party X, won 350 of the 650 seats in the House of Commons. The party who were in government won 250 seats, and the party who were in opposition won 50 seats.
Explain who will become Prime Minister?
The person who can command the confidence of the House of Commons would be appointed as the next Prime Minister.
155
To address issues relating to the Internet and e-commerce, the government has decided to update its tax treaty with Canada. Negotiators from the government have reached an agreement with their Canadian counterparts, and both countries have ratified the new treaty.
What else needs to happen for the treaty to become part of UK law?
Parliament must pass an Act of Parliament incorporating the treaty into UK law.
156
An associate recently transferred from the New York office of a large law firm to the firm's London office. The associate is trying to understand the basics of the UK's legal system and asks a colleague to explain the 'uncodified' nature of the UK constitution.
What does it mean for the UK constitution to be 'uncodified'?
The UK does not have a single, written document called the constitution.
157
What does it mean that the UK has an "uncodified constitution"?
It means the UK does not have a single, written document outlining its constitutional rules. Instead, its constitution is drawn from multiple sources, including Acts of Parliament, common law, and conventions.
158
What principle is fundamental to the UK constitution?
The principle of the rule of law, which includes the fair application of laws, government adherence to the law, and a prohibition on retroactive laws.
159
Can UK courts strike down Acts of Parliament?
No, due to the principle of Parliamentary Sovereignty, courts cannot strike down Acts of Parliament but can interpret them. If Parliament disagrees with the interpretation, it can pass amendments.
160
What is Parliamentary Sovereignty?
It is the doctrine that Parliament has the right to make or unmake any law and that no other body can override or set aside an Act of Parliament.
161
What are the stages of passing a bill in the UK Parliament?
The stages include the First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, consideration by the other chamber, potential amendment 'Ping Pong,' and Royal Assent.
162
What is the Salisbury Convention?
It is the convention that the House of Lords will not block a bill implementing a manifesto commitment of the elected government.
163
What is judicial review?
It is a process where courts review the actions of public authorities to ensure they were made within the scope of the law, without examining the merits of the decision.
164
What are the grounds for judicial review?
The grounds include illegality, procedural impropriety, irrationality (unreasonableness), and failure to meet legitimate expectations.
165
Who has standing in judicial review cases?
Only those with a "sufficient interest," typically a personal stake in the outcome, can bring a case.
166
What are ministerial prerogative powers?
These are powers exercised by government ministers on behalf of the Crown, such as granting passports, deploying troops, and negotiating treaties.
167
Can the Crown use prerogative powers to override statutes?
No, statutory powers take precedence over prerogative powers, and the Crown cannot use prerogative powers to alter or contravene UK law.
168
What is asymmetric devolution in the UK?
It refers to the unequal distribution of legislative powers among the devolved governments of Scotland, Wales, and Northern Ireland.
169
How can devolution be reversed in Scotland or Wales?
Devolution can only be abolished through an Act of Parliament and a public referendum in the affected nation.
170
What types of rights does the European Convention on Human Rights (ECHR) include?
Absolute rights (e.g., prohibition of torture), limited rights (e.g., the right to liberty), and qualified rights (e.g., freedom of expression, which can be restricted for legitimate reasons).
171
What is a declaration of incompatibility under the Human Rights Act 1998?
It is a formal statement by a court that an Act of Parliament is incompatible with the ECHR. This does not invalidate the law but alerts Parliament to consider amendments.
172
What is the modern concept of "the Crown"?
It encompasses not only the Monarch but also the ministers forming the government, the Privy Council, secretaries of state, and civil servants.
173
What powers does the Monarch retain personally?
The Monarch retains powers such as appointing the Prime Minister, dismissing the government, and granting Royal Assent to bills.
174
How does the Cardinal Convention limit the Monarch’s powers?
The Monarch must act on the advice of ministers, particularly the Prime Minister, ensuring decisions reflect the government’s position.
175
What is parliamentary privilege?
It ensures that MPs and peers cannot be challenged in court for statements made during parliamentary debates.
176
What is the sub judice rule?
It is a convention that prohibits MPs and peers from referring to active court cases during parliamentary debates.
177
What is secondary legislation?
It is law made by the government under powers granted by an Act of Parliament, such as regulations and commencement orders.
178
How can secondary legislation be enacted?
Through the Negative Resolution Procedure (effective unless rejected by Parliament within 40 days) or the Affirmative Resolution Procedure (requires approval by both Houses).
179
Can courts strike down secondary legislation?
Yes, if it does not comply with the rule of law or exceeds the powers granted by the enabling Act.
180
What is the Sewel Convention?
It states that the UK Parliament will not legislate on devolved matters without the consent of the relevant devolved legislature.
181
Can the UK Parliament override devolved consent?
Yes, Parliament retains the ultimate authority to legislate even if devolved consent is not granted.
182
What process reviews devolved legislation for legality?
Devolved bills can be referred to the UK Supreme Court to determine if they fall within the legislative competence of the devolved institution.
183
What is a breach of the peace?
It occurs when harm is done or likely to be done to people or property, or when someone is genuinely in fear of such harm in their presence.
184
What conditions can police impose on public processions?
Police can regulate routes, noise levels, and public access if there is a risk of serious disruption, damage, or intimidation.
185
What is a trespassory assembly?
It involves 20 or more people gathering on land without permission, potentially causing significant disruption or damage
186
How are rights under the ECHR incorporated into UK law?
Through the Human Rights Act 1998, which allows UK courts to enforce ECHR rights and interpret legislation compatibly with these rights.
187
What is the proportionality test under the ECHR?
It evaluates whether a restriction on a qualified right is justified by being necessary, rationally connected to a legitimate aim, and no more restrictive than required.
188
What protections does the Equality Act 2010 offer?
It protects individuals against discrimination based on protected characteristics like age, disability, race, religion, sex, and sexual orientation.
189
What remedies can courts provide in judicial review cases?
Courts can issue quashing orders, mandatory orders, prohibiting orders, declarations of unlawfulness, and injunctions.
190
Are judicial review remedies mandatory?
No, they are discretionary and may not be granted if doing so serves no practical purpose or if parties have relied on the decision.
191
What is the standing requirement in judicial review?
Applicants must demonstrate sufficient interest, meaning they are directly affected by the decision under review.
192
What is retained EU law?
It includes EU-derived domestic legislation, directly effective EU law, and retained EU regulations as part of UK law after Brexit.
193
Can UK courts depart from retained EU case law?
Yes, the Supreme Court and Court of Appeal can depart from retained EU case law when it appears right to do so.
194
How does post-Brexit UK law handle conflicts with retained EU law?
Retained EU law takes precedence over UK laws enacted before Brexit, but UK laws enacted after Brexit are not subject to this principle.
195
