MCQS

Question 1

What is the purpose of Parliament Acts 1911 and 1949?

Answer 1

Enables the House of Commons to override the House of Lords when enacting legislation.

Question 2

Does the UK court review the exercise of prerogative powers?

Answer 2

Not really, as they regard certain prerogative powers as non-justiciable and so refuse to review how they are exercised.

Question 3

Does the UK parliament have the power to pass acts relating to devolved matters?

Answer 3

Yes, the UK parliament has power to pass acts covering the whole of the UK even if the devolved legislature opposes the legislation.

Question 4

What is the public sector ombudsman called and what is the private sector ombudsman called? (England)

Answer 4

Public sector - local government ombudsman.

Private sector - legal services ombudsman.

Question 5

What is the test to determine if a convention had been established?

Answer 5

Sir Ivor Jennings

Determines the precedent for the convention, the actors involved in those precedents and the reason for the rule.

Question 6

What method of interpretation and construction is the most appropriate for the working of the CJEU?

Answer 6

Teleological - poses 3 elements

1. Effectiveness
2. Objectives.
3. Consequences.

Question 7

Why should the monarch grant royal consent even if they don’t want to?

Answer 7

Because royal consent is controlled by constitutional conventions and therefore should grant it on this basis.

Question 8

Human rights act 1998 article 11 - what protection is offered by this article?

Answer 8

Article 11 rights are qualified rights whose exercise may be subject to restrictions which are imposed in the interests of national security.