Constitutional Law Flashcards
An Act of Parliament has given the Secretary of State the power to amend other Acts of Parliament by passing secondary legislation.
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.
What can the House of Commons do if the House of Lords rejects the Schools Inspectorate Bill?
The House of Commons can pass the Bill for a second time in the next session of Parliament.
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?
The Privy Council approves some decisions made by the government, either under the royal prerogative or under powers granted to it by statute.
What happens if the House of Lords rejects the Bill again after the House of Commons passes it a second time?
The Bill can still be sent for Royal Assent.
What is Royal Assent?
It is the formal approval by the monarch that allows a bill to become law.
What types of decisions does the Privy Council approve?
Decisions made under the royal prerogative or under powers granted by statute.
What must happen before the government can ratify the treaty under the royal prerogative?
The treaty must first be laid before the House of Commons and the House of Lords.
The government has agreed a new international treaty with Australia.
Explain the constitutional position regarding how the treaty can be ratified?
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.
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’?
That the UK lacks a single document called the constitution.
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?
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.
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?
The Bill may be voted on by MPs representing any of the UK constituencies.
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?
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.
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?
The Monarch must accept the advice of the Prime Minister regarding the policy.
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?
The 1989 Act has been impliedly repealed by the 2021 Act.
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?
Yes, because discussions within Cabinet should be kept confidential between ministers.
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?
The courts must give effect to the 2019 Act due to the Enrolled Bill Rule.
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?
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.
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?
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.
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?
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.
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 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.
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 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.
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?
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.
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?
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.
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?
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.