Multiple Choice Q's Chapter 1

Question 1

Which one of the following statements accurately defines the British Constitution?

a) A document or set of documents of special legal sanctity called a constitution.
b) A body of legal and political rules and arrangements concerning the government of the country.
c) A body of legal rules with which all the organs of government, including the UK legislature must comply
d) A body of legal rules requiring a special procedure to make and amend them and a special constitutional court to interpret them.

Answer 1

b) A body of legal and political rules and arrangements concerning the government of the country.

This answer is correct, because the legal and political rules forming the basis of the British Constitution do not have special legal sanctity and are made and amended in the same way as other rules.

Question 2

Which one of the following statements is true?

a) The British Constitution is unwritten.
b) Where no special process is required to amend a constitution it is called rigid.
c) The United Kingdom is an example of a state in which there is a complete separation of powers.
d) In a federal state the federal organs of government are subordinate to regional organs of government.

Answer 2

a) The British Constitution is unwritten.

This answer is correct because, in the United Kingdom, constitutional law does not possess special legal status and there is no document or set of documents purporting to form the British Constitution.

Question 3

Which one of the following is a key feature of the constitution of a unitary state?

a) The powers of government are divided between a government for the whole country and regional and local authorities in such a way that each region is constitutionally independent within its own sphere.
b) The central government exercises its powers without any control from the regional governments.
c) All governmental powers are centralized and although legislative and executive power may be given to regional and local organs of government these remain subordinate to the central legislature and may be overridden by it.
d) The Head of State is an elected president.

Answer 3

c) All governmental powers are centralized and although legislative and executive power may be given to regional and local organs of government these remain subordinate to the central legislature and may be overridden by it.

The correct answer states the key features of a unitary state. The other options given do not.

Question 4

Which one of the following statements is false concerning the key characteristics of the British Constitution?

a) The UK Head of State is a King or Queen whose entitlement to the throne is determined by the hereditary principle.
b) In the United Kingdom Constitutional Law forms the fundamental law of the nation and an Act of Parliament which is repugnant to the British Constitution is void.
c) The British Constitution is subordinate to the legislature.
d) The British Constitution is flexible.

Answer 4

b) In the United Kingdom Constitutional Law forms the fundamental law of the nation and an Act of Parliament which is repugnant to the British Constitution is void.

This answer is false because British Constitutional law is subordinate to the legislature in the sense that an Act of Parliament cannot be declared void by the courts.
Page reference: 4

Question 5

Which one of the following statements is true?

a) The United Kingdom is a federal state.
b) The United Kingdom is a republic with an elected head of state.
c) The UK legislature is subordinate to the British Constitution.
d) The British Constitution is unwritten, flexible, monarchical, unitary, subordinate to the legislature and based on a partial or limited degree of separation.

Answer 5

d) The British Constitution is unwritten, flexible, monarchical, unitary, subordinate to the legislature and based on a partial or limited degree of separation.

Feedback:

The correct answer reflects the characteristics of the British constitution applying KC Wheare’s classification method.

Question 6

Which one of the following statements is true in respect of the characteristics of the British Constitution?

a) The British Constitution is a multi party system underpinned by liberal pluralism in which the government is accountable to Parliament and the courts..
b) The United Kingdom is a one party state.
c) The members of the UK government are accountable to the monarch for their actions.
d) The monarch is accountable to Parliament.

Answer 6

a) The British Constitution is a multi party system underpinned by liberal pluralism in which the government is accountable to Parliament and the courts..

Feedback:

This answer correctly identifies three further characteristics of the British Constitution.
Page reference: 6

Question 7

C2 Which one of the following statements is true?

a) The British Constitution is solely based on statutory and common law rules
b) Constitutional law consists of the law of the constitution and constitutional conventions.
c) Constitutional Conventions are part of the law.
d) Constitutional Conventions can become part of the Common Law in the same way that customs are capable of doing.

Answer 7

b) Constitutional law consists of the law of the constitution and constitutional conventions.

Feedback:

The correct answer follows the views of writers like A.V. Dicey and Sir Ivor Jennings.

Question 8

Which one of the following statements is false?

a) Constitutional conventions are not binding on anyone.
b) The laws of the constitution are enforceable in the courts.
c) The conventions of the constitution are binding political rules which are not enforceable in the courts.
d) ‘Unenforceable’ means that there is no remedy for breach of a convention.

Answer 8

a) Constitutional conventions are not binding on anyone.

Feedback:

Constitutional Conventions are considered binding on those who participate in the process of government.

Question 9

Which one of the following is an accurate statement of Sir Ivor Jenning’s test which was judicially accepted by the Canadian Supreme Court in Reference Re Amendment to the Constitution of Canada (1982)?

a) The courts have no jurisdiction to enquire into whether a constitutional convention exists.
b) Constitutional Conventions cannot be stated with the same clarity as legal rules.

c) The existence of a constitutional convention can be determined by asking:
what are the precedents?
do the actors in the precedents believe that they are bound by a rule?
is there a reason for the rule?

d) There is no judicially accepted test.

Answer 9

c) The existence of a constitutional convention can be determined by asking:
what are the precedents?
do the actors in the precedents believe that they are bound by a rule?
is there a reason for the rule?

Feedback:

The incorrect answers are not judicially accepted principles

Question 10

Which one of the following statements is not a constitutional convention?

a) The monarch will grant the Royal Assent as a matter of course to a bill which has either been passed by the House of Commons and the House of Lords or has received the assent of the House of Commons under the Parliament Acts 1911 and 1949.
b) Every bill which has passed the necessary parliamentary stages must receive the Royal Assent in order to become an Act of Parliament.
c) His/Her Majesty’s Government must have the confidence of a majority in the House of Commons.
d) Members of the Cabinet do not voice dissent on government policy once a decision is taken. A Cabinet Minister who cannot sustain a Cabinet decision should resign.

Answer 10

b) Every bill which has passed the necessary parliamentary stages must receive the Royal Assent in order to become an Act of Parliament.

Feedback:

The statements in the incorrect answers are constitutional conventions. The correct answer is a legal requirement.

Question 11

Which one of the following statements is true?

a) The court enforced the convention of collective cabinet responsibility in Attorney General v Jonathan Cape Ltd (1975).

b) The basic legal principle applied by the judge was that the courts have jurisdiction to restrain publication of Cabinet material provided it can be shown that:
such publication will be a breach of confidence;
publication will be against the public interest in that it would prejudice the maintenance of the doctrine of collective cabinet responsibility; and
there is no other facet of the public interest in conflict with and more compelling than that relied upon.

c) Constitutional Conventions are capable of limiting the sovereignty of parliament.
d) There is a binding constitutional convention that there must be a referendum before a constitutional statute is passed.

Answer 11

b) The basic legal principle applied by the judge was that the courts have jurisdiction to restrain publication of Cabinet material provided it can be shown that:
such publication will be a breach of confidence;
publication will be against the public interest in that it would prejudice the maintenance of the doctrine of collective cabinet responsibility; and
there is no other facet of the public interest in conflict with and more compelling than that relied upon.

Feedback:

The correct answer is the ratio in Attorney General v. Jonathan Cape Ltd (1975)

Question 12

Which one of the following statements is false?

a) The courts never consider constitutional conventions.
b) Although the courts do not grant remedies for breach of constitutional conventions, they do sometimes look at them, at least indirectly, in the course of legal proceedings.
c) The courts may be prepared to take constitutional conventions into account and give an opinion as to their existence and extent.
d) The courts can take notice of constitutional conventions, and sometimes use them, for example, to aid in the interpretation of statutes or of commonwealth constitutions.

Answer 12

a) The courts never consider constitutional conventions.

Feedback:

The incorrect answers are judicially accepted principles.

Question 13

Which one of the following statements is true in respect of AV Dicey’s formulation of the Rule of Law?

a) The rule of law is synonymous with social justice.
b) The rule of law is based on supremacy of law over arbitrary and wide discretionary power, equal subjection to the law and the origins of constitutional law in private law.
c) The Rule of Law is purely a political concept.
d) The separation of powers is part of the rule of law.

Answer 13

) The rule of law is based on supremacy of law over arbitrary and wide discretionary power, equal subjection to the law and the origins of constitutional law in private law.

Feedback:

The correct answer reflects most closely Dicey’s formulation of the Rule of Law as contained in Introduction to the Study of the Law of the Constitution (1885).

Question 14

Which one of the following is a true statement of the constitutional principle in Entick v. Carrington (1765)?

a) The executive can do nothing without legal authority. Where a public authority claims to have the power to do something it must be able to identify the precise legal source of its powers.
b) The executive can act in the public interest.
c) State necessity is a defence to an action in the tort of trespass.
d) The action for trespass succeeded.

Answer 14

a) The executive can do nothing without legal authority. Where a public authority claims to have the power to do something it must be able to identify the precise legal source of its powers.

Feedback:

The correct answer states the constitutional principle in Entick v. Carrington. Be careful not to confuse this with the ratio of this case which concerns whether state necessity can be used as a defence to an action in the Tort of Trespass.

Question 15

Which one of the following is not one of the key features of government according to law?

a) Public bodies exercising statutory duties must do what the statute requires them to do.
b) The courts are duty bound to correct any abuse of power by the executive and the judges are free to exercise this jurisdiction independently.
c) The law cannot be enforced by the courts against a minister of the Crown acting in his official capacity.
d) The judiciary enforce the law against individuals, institutions, and the executive.

Answer 15

c) The law cannot be enforced by the courts against a minister of the Crown acting in his official capacity.

Feedback:

This answer is correct because, according to the House of Lords’ decision in R v. Secretary of State for the Home Department ex p. Fire Brigades Union the law can be enforced against a minister of the Crown acting in his official capacity.

Question 16

Which one of the following statements is false?

a) Judges preserve the rule of law.
b) A decision to punish an offender with imprisonment may be made by the executive as well as a court of law.
c) Common law rules governing access to the judicial system and judicial review form the cornerstone of the rule of law.
d) Judges must interpret any statute which potentially threatens the rule of law in so that it will not achieve this end.

Answer 16

b) A decision to punish an offender with imprisonment may be made by the executive as well as a court of law.

Feedback:

This answer is false because only a court should make that decision in a system based on the rule of law. See Lord Steyn in R (on the application of Anderson) v Secretary of State for the Home Department (2003).

Question 17

Which statutory provision expressly refers to and supports the constitutional principle of the rule of law?

a) Police and Criminal Evidence Act 1984
b) s 1 Constitutional Reform Act 2005
c) The Terrorism Act 2000
d) The Anti Social Behaviour Act 200

Answer 17

b) s 1 Constitutional Reform Act 2005

Feedback:

This answer is correct because the provision says that the Act does not adversely affect the constitutional principle of the rule of law.

Question 18

Which one of the following statements is false in respect of subjective discretionary powers?

a) In carrying out its functions, the judiciary gives Parliament and the executive no latitude whatsoever where national security is concerned.
b) Indefinite imprisonment without charge is contrary to the rule of law because it deprives the detained person of the protection given to them by the process of criminal trial.
c) The primary burden of protecting national security rests with the executive.
d) The role of the judiciary, in a legal system based on the rule of law, is to make sure that legislation and ministerial decisions do not overlook the human rights of those adversely affected and that both Parliament and the executive give due weight to fundamental rights and freedoms.

Answer 18

a) In carrying out its functions, the judiciary gives Parliament and the executive no latitude whatsoever where national security is concerned.

Feedback:

This answer is false because Lord Nicholls in A and Others v Secretary of State for the Home Department (2005) said that in carrying out its role, the judiciary will give both Parliament and the executive an appropriate degree of latitude.

Question 19

Which one of the following statements is false?

a) The legislative function is primarily responsible for making, unmaking, and amending the law.
b) The legislative function is subject to the judicial function of government.
c) The executive function gives effect to and enforces the law.
d) The primary judicial function is to interpret and apply the law, resolve disputes, provide remedies, and determine punishments when the law is breached.

Answer 19

b) The legislative function is subject to the judicial function of government.

Feedback:

This answer is false because in English Law the legislative function is supreme and the validity of Acts of Parliament cannot be questioned by the courts. The other options given correctly indicate the three functions of government.

Question 20

Which one of the following statements is false?

a) The judiciary maintains order and manages public services.
b) The organ of government which carries out the legislative function is called the Legislature
c) The organs of government carrying out the executive function are collectively referred to as the executive.
d) The judicial organ of government is the judiciary.

Answer 20

a) The judiciary maintains order and manages public services.

Feedback:

This answer is false because the maintenance of order and the management of public services is carried out by the executive. The other options given accurately identify the names given to the organs of government which correspond to the functions of government.

Question 21

Which one of the following is not a key feature of the separation of powers?

a) The same persons should not form part of more than one of the three organs of government.
b) One organ of government should not control or interfere with the work of another.
c) Everyone is equally subject to the law.
d) One organ of government should not exercise the functions of another.

Answer 21

c) Everyone is equally subject to the law.

Feedback:

Although being equally subject to the law may be impliedly connected to the separation of powers, this is more a key feature of the rule of law. The other options given more accurately reflect key features of the separation of powers at a basic level

Question 22

Which one of the following statements is true under the separation of powers?

a) The UK Parliament’s right to make whatever laws it thinks fit is challengeable under the separation of powers.
b) Parliament, the executive, and the courts each have their distinct and largely exclusive domain.
c) The judiciary plays an administrative role in governing the country.
d) The executive interprets and applies the law.

Answer 22

c) Everyone is equally subject to the law.

Feedback:

Although being equally subject to the law may be impliedly connected to the separation of powers, this is more a key feature of the rule of law. The other options given more accurately reflect key features of the separation of powers at a basic level

Question 23

hich one of the following statements is false in connection with Lord Hailsham’s idea of elective dictatorship?

a) Parliamentary sovereignty means that Parliament’s legislative powers are absolute and unlimited.
b) As a result of changes in its operation and structure, the absence of any legal limitation on the legislative powers of Parliament is unacceptable.
c) We live in an elective dictatorship, absolute in theory, if hitherto thought tolerable in practice.
d) Parliament ultimately controls the Government.

Answer 23

d) Parliament ultimately controls the Government.

Feedback:

This answer is false because Lord Hailsham’s conclusion was that ultimately the Government controls Parliament.

Question 24

Which one of the following statements is false in respect of the independence of the judiciary?

a) The courts are not subject to Parliament.
b) An independent judiciary is essential to the separation of powers.
c) The executive must never be put in a position where it effectively decides a case in the sense that it could order a court to dismiss a case.
d) The Tribunals and Inquiries Act 1992 extends guarantees of independence to the members of tribunals.

Answer 24

a) The courts are not subject to Parliament.

Feedback:

This answer is false because, as illustrated by the retrospective effect of the War Damage Act 1965, the courts are subject to Parliament.

Question 25

Which statute imposes a duty on government ministers to uphold the independence of the judiciary, barring them from trying to influence judicial decisions by special access to judges?

a) The Act of Settlement 1700
b) The Constitutional Reform Act 2005
c) The Senior Courts Act 1981
d) The Tribunals and Inquiries Act 1992

Answer 25

b) The Constitutional Reform Act 2005

Feedback:

Although the other statutes deal with aspects of judicial independence, only the Constitutional Reform Act 2005 imposes this duty explicitly.

Question 26

Which one of the following statements is true?

a) The British Constitution is monarchical.
b) The monarch is always chosen by Parliament when a monarch dies.
c) The monarch can sit as a judge in the House of Lords.
d) The monarch can raise an army without parliament’s consent

Answer 26

a) The British Constitution is monarchical.

Feedback:

The British constitution is monarchical in its legal form. The other options given are incorrect because succession to the throne is governed by the hereditary principle, the monarch is not allowed to participate in any legal proceedings and Bill of Rights 1689 forbids the monarch to do so.

Question 27

Which one of the following statements is false?

a) The monarch is the supreme executive officer of the state.
b) The monarch is automatically empowered to act as a priest in the Church of England.
c) The monarch is the Commander in Chief of the Army, Navy and Air Force.
d) The monarch is head of the Judiciary and the Legislature.

Answer 27

a) The British Constitution is monarchical.

Feedback:

The British constitution is monarchical in its legal form. The other options given are incorrect because succession to the throne is governed by the hereditary principle, the monarch is not allowed to participate in any legal proceedings and Bill of Rights 1689 forbids the monarch to do so.

Question 28

Which of the following is not one of the special privileges and immunities of the monarch?

a) The monarch is never an infant.
b) The monarch can do no wrong.
c) The monarch can sit in the House of Commons.
d) The monarch never dies.

Answer 28

c) The monarch can sit in the House of Commons.

Feedback:

This answer is correct because monarchs are barred from the House of Commons.

Question 29

Which one of the following statements is true?

a) The Royal Prerogative is the supreme law of the land.
b) The Royal Prerogative is the residue of discretionary or arbitrary authority, which at any time is legally left in the hands of the Crown.
c) The monarch can rule by proclamation.
d) The courts have jurisdiction to create new Royal Prerogative powers.

Answer 29

b) The Royal Prerogative is the residue of discretionary or arbitrary authority, which at any time is legally left in the hands of the Crown.

Feedback:

The correct answer, which is Dicey’s definition of the Royal Prerogative was judicially accepted by Lord Dunedin in Attorney-General v. De Keyser’s Royal Hotel [1920] AC 508.

Question 30

Which one of the following statements is false?

a) Only the monarch has the power to dissolve and summon Parliament.
b) The monarch appoints and dismisses ministers.
c) The prerogative powers exercised by the monarch include the grant of honours.
d) Treaties are a legislative act of Parliament.

Answer 30

d) Treaties are a legislative act of Parliament.

Feedback:

This answer is false because treaties are made by the executive under the Royal Prerogative.

Question 31

Which one of the following statements is true in respect of the relationship between royal prerogative and statute?

a) When a statute is passed it abridges the Royal Prerogative while the statute is in force so that the Crown can act only under and in accordance with the statute.
b) The Crown is not bound by the limitations, restrictions, and conditions imposed by the statute.
c) The executive can use the Royal Prerogative to achieve something which is inconsistent with a statutory scheme if it is in the public interest to do so.
d) The executive can use the Royal Prerogative to frustrate the will of Parliament expressed in a statute so that it pre-empts a parliamentary decision on whether or not to do something.

Answer 31

a) When a statute is passed it abridges the Royal Prerogative while the statute is in force so that the Crown can act only under and in accordance with the statute.

Feedback:

The correct answer is a correct statement of the principle in Attorney-General v. De Keyser’s Royal Hotel [1920] AC 508. The other options given are incorrect in the light of the House of Lords’ decision in R v Secretary of State for the Home Department ex parte Fire Brigades Union [1995] 2 All ER 244

Question 32

Which one of following statements is true?

a) The Monarch exercising power under the Prerogative is as open to legal scrutiny as in the case of action taken by a minister acting under a statutory power.
b) The grant of honours, the dissolution of Parliament and the appointment of ministers is open to judicial review.
c) Executive action is not immune from judicial review merely because it is carried out in pursuance of a power derived from the Royal Prerogative.
d) The monarch can exercise powers independently of the organs of government.

Answer 32

c) Executive action is not immune from judicial review merely because it is carried out in pursuance of a power derived from the Royal Prerogative.

Feedback:

This answer is correct according to the House of Lords’ decision in Council for the Civil Service Unions v Minister for the Civil Service (GCHQ) (1984).

Question 33

Which one of the following statements is false?

a) The Privy Council coordinates policy and appointments through the Cabinet
b) The monarch participates in Cabinet debates.
c) The Privy Council makes Orders in Council which is a type of secondary legislation
d) The Privy Council hears judicial appeals from overseas jurisdictions.

Answer 33

b) The monarch participates in Cabinet debates.

Feedback:

This answer is false. The monarch never participates in Cabinet debates because the Cabinet is a Privy Council Committee and the monarch never attends Privy Council Committee meetings.

Question 34

Which one of the following statements is true?

a) The office of Prime Minister is a creature of convention and could be abolished without legal formality.
b) The office of Prime Minister was created by statute.
c) At common law a new government must be formed within a few days of the publication of the results of a general election
d) The monarch’s powers to appoint and dismiss a Prime Minister are limited by statute and common law.

Answer 34

a) The office of Prime Minister is a creature of convention and could be abolished without legal formality.

Feedback:

This answer is correct because there is no statutory or common law basis for the office of Prime Minister. The process of appointing the Prime Minister and the Government is determined by constitutional conventions.

Question 35

Which one of the following is not a key role of the Prime Minister?

a) Giving advice to the monarch on the exercise of all prerogative powers concerning the government.
b) Determining the size and membership of the Cabinet.
c) The appointment of the monarch’s private secretary.
d) Advising the monarch on the appointment of senior civil servants, senior members of the judiciary, heads of the security and intelligence services and senior officers of the Church of England.

Answer 35

c) The appointment of the monarch’s private secretary.

Feedback:

This answer is correct because the monarch’s private secretary is appointed by the monarch.

Question 36

Which one of the following statements is false?

a) Members of the Cabinet are all members of the Privy Council.
b) Members of the Cabinet are accountable only to the monarch.
c) The Cabinet determines the policy submitted to Parliament, including decisions as to the contents of the Queen’s Speech and the legislative timetable.
d) The Cabinet determines broad economic policies within which the Chancellor of the Exchequer formulates the budget.

Answer 36

b) Members of the Cabinet are accountable only to the monarch.

Feedback:

This answer is false because members of the Cabinet are all accountable to Parliament.

Question 37

Which one of the following statements is true?

a) Ministers are not accountable to Parliament for the actions or conduct of civil servants within their departments.
b) Only civil servants are sued in the courts for damage caused by their conduct in government departments.
c) A minister is automatically dismissed if there is misconduct or incompetence on the part of civil servants in his department.
d) When a statute places a duty on a minister it may generally be exercised by a member of his department for whom he accepts responsibility and for whose conduct he is accountable.

Answer 37

d) When a statute places a duty on a minister it may generally be exercised by a member of his department for whom he accepts responsibility and for whose conduct he is accountable.

Feedback:

This answer is true at common law.

Question 38

Which one of the following is a key feature of devolution within the United Kingdom?

a) Legislative and executive powers within the United Kingdom have been given to legislative and executive organizations in Scotland, Wales, and Northern Ireland.
b) The United Kingdom is now a federal state.
c) The Welsh Assembly has the power to raise taxes to fund the Welsh Assembly Government.
d) All executive powers have devolved to the Scottish Government.

Answer 38

a) Legislative and executive powers within the United Kingdom have been given to legislative and executive organizations in Scotland, Wales, and Northern Ireland.

Feedback:

This answer is correct. The United Kingdom is still a Unitary State. The Welsh Assembly has no tax raising powers and executive powers are devolved to the Scottish Government provided they concern matters within the legislative competence of the Scottish Parliament.

Question 39

Which one of the following is a key feature of devolution within the United Kingdom?

a) Legislative and executive powers within the United Kingdom have been given to legislative and executive organizations in Scotland, Wales, and Northern Ireland.
b) The United Kingdom is now a federal state.
c) The Welsh Assembly has the power to raise taxes to fund the Welsh Assembly Government.
d) All executive powers have devolved to the Scottish Government.

Answer 39

c) The Government of Wales Act 2006

Feedback:

The Government of Wales Act 2006 created the Welsh Assembly Government.

Question 40

Which one of the following statements is false?

a) At present the UK Legislature is the Queen in Parliament.
b) The membership of the House of Lords consists entirely of hereditary peers.
c) The UK Legislature is bicameral, consisting of two chambers, namely, the House of Lords and the House of Commons
d) The membership of the House of Commons consists entirely of elected members.

Answer 40

b) The membership of the House of Lords consists entirely of hereditary peers.

Feedback:

This answer is false because, since the House of Lords Act 1999 came into force the number of hereditary peers has been restricted to ninety-one.

Question 41

Which one of the following statements is true?

a) The primary function of the House of Lords is to scrutinize and revise bills which have passed the House of Commons.
b) The House of Lords has no power to veto any bill which has passed the House of Commons.
c) Hereditary peers cannot give up their peerages to stand for election to the House of Commons.
d) The House of Lords has the power to extend the life of Parliament beyond five years in a national emergency.

Answer 41

b) The membership of the House of Lords consists entirely of hereditary peers.

Feedback:

This answer is false because, since the House of Lords Act 1999 came into force the number of hereditary peers has been restricted to ninety-one.

Question 42

Which one of the following is not a key function of the House of Commons?

a) The House of Commons initiates legislation.
b) The House of Commons scrutinizes government policy.
c) The House of Commons is the highest court in England and Wales.
d) The House of Commons, through select committees scrutinizes the work of government departments.

Answer 42

b) The membership of the House of Lords consists entirely of hereditary peers.

Feedback:

This answer is false because, since the House of Lords Act 1999 came into force the number of hereditary peers has been restricted to ninety-one.

Question 43

Under which statutory provision may UK citizens who live abroad vote if they have been resident in the United Kingdom and registered as voters within the previous twenty years?

a) The Representation of the People Act 1983
b) The Representation of the People Act 1989
c) The Political Parties, Elections and Referendums Act 2000
d) The Representation of the People Act 2000.

Answer 43

b) The membership of the House of Lords consists entirely of hereditary peers.

Feedback:

This answer is false because, since the House of Lords Act 1999 came into force the number of hereditary peers has been restricted to ninety-one.

Question 44

Which one of the following statutes sets up and empowers the Electoral Commission?

a) The Representation of the People Act 2000
b) The Political Parties, Elections and Referendums Act 2000
c) The Representation of the People Act 1989
d) The Representation of the People Act 1983

Answer 44

b) The membership of the House of Lords consists entirely of hereditary peers.

Feedback:

This answer is false because, since the House of Lords Act 1999 came into force the number of hereditary peers has been restricted to ninety-one.

Question 45

Which one of the following statements is false concerning elections to the House of Commons?

a) The responsibility for the conduct of elections lies with the returning officer who is either the sheriff of the county or mayor of the borough, depending on the constituency.
b) Voting is by secret ballot.
c) The candidate who receives the highest number of votes in each constituency is returned as the Member of Parliament for that constituency.
d) A candidate must obtain a minimum percentage of the total vote to be elected

Answer 45

) A candidate must obtain a minimum percentage of the total vote to be elected.

Feedback:

This answer is false because, under the ‘First Past the Post’ system a candidate does not have to obtain a minimum percentage of the total votes to be elected.

Question 46

Which one of the following electoral systems is used within the United Kingdom for elections to the European Parliament?

a) Single Transferrable Vote
b) The Supplementary Vote
c) Additional Member System
d) First Past the Post

Answer 46

a) Single Transferrable Vote

Feedback:

The single transferrable vote system is used to elect the Mayor of London. The supplementary vote system has been used in elections to the Scottish Parliament and Welsh Assembly as well as the London Assembly. The additional member system is not a PR system of voting and it is used for elections to the House of Commons.

Question 47

Which one of following statements is false in respect of the devolution of the legislative function within the United Kingdom?

a) Acts of the Scottish Parliament are subordinate legislation because they owe their validity to the Scotland Act 1998, can be set aside by the courts and overridden by Acts of the UK legislature.
b) The Scottish Parliament has taxation powers limited to altering the basic rate of income tax by three pence in the Pound.
c) The National Assembly for Wales has no direct legislative powers.
d) Part 4 of the Government of Wales Act 2006 contains provisions for a referendum to be held to determine whether the Welsh Assembly should be given full legislative powers.

Answer 47

c) The National Assembly for Wales has no direct legislative powers.

Feedback:

This answer is false because the Government of Wales Act 2006 gives the National Assembly for Wales the power to make Assembly Measures within the competence of the National Assembly for Wales.

Question 48

Which one of the following statements is false in respect of the Parliament Acts 1911 and 1949?

a) There is no constitutional principle, or principle of statutory interpretation, which prevents a legislature from altering its constitution in accordance with the provisions of a statute which empowers it to do so for the purpose of altering the empowering statute.
b) The purpose of the Parliament Act 1911 was to restrict the power of the House of Lords to defeat bills which had been refused on two successive occasions.
c) Section 2(1) of the Parliament Act 1911 creates a parallel way in which any bill introduced into the House of Commons can become an Act of Parliament.
d) The Parliament Act 1949 is a valid Act of Parliament.

Answer 48

c) Section 2(1) of the Parliament Act 1911 creates a parallel way in which any bill introduced into the House of Commons can become an Act of Parliament.

Feedback:

This answer is false because the Parliament Acts 1911 and 1949 procedure applies only to public bills. This is in accordance with Section 2(1) of the Parliament Act 1911 and the decision of the House of Lords in Jackson v. Attorney General [2006] 1 AC 262.

Question 49

Which one of the following expresses the key features of the legislative sovereignty of Parliament recognised by AV Dicey?

a) Ordinary statutes can be overridden by the courts. Constitutional statutes cannot.
b) Any statute which is incompatible with fundamental human rights can be disapplied by the courts.
c) Parliament has the right to make or unmake any law whatsoever and no person or body has the right to override or set aside legislation.
d) The UK Parliament may bind future Parliaments to legislate in a particular way.

Answer 49

c) Parliament has the right to make or unmake any law whatsoever and no person or body has the right to override or set aside legislation.

Feedback:

The correct answer expresses the key features of Dicey’s conception of the legislative supremacy of Parliament.

Question 50

Which one of the following statements is true?

a) The courts have the power to declare a statute void if it is contrary to the rules of natural justice.
b) If Parliament chooses to do something the courts cannot hold the resulting Act of Parliament invalid.
c) An Act of Parliament which is contrary to the laws of God in scripture is invalid.
d) An Act of Parliament which is impossible to enforce can be set aside by the courts

Answer 50

b) If Parliament chooses to do something the courts cannot hold the resulting Act of Parliament invalid.

Feedback:

This answer is true according to the Privy Council’s decision in Madzimbamuto v. Lardner Burke (1969). This represents the present judicial reasoning on jurisdiction.

Question 51

Which one of the following statements is false?

a) The courts have jurisdiction to determine whether a measure is an Act of Parliament by reference to the words of enactment.
b) The courts have no jurisdiction, once a bill has become an Act, to enquire into the way in which a bill is introduced into Parliament.
c) The court has no jurisdiction to enquire into whether an Act of Parliament has been obtained fraudulently.
d) Any statute which is repugnant to constitutional law is void

Answer 51

d) Any statute which is repugnant to constitutional law is void

Feedback:

This answer is false because it is not a principle of constitutional law within the United Kingdom.

Question 52

Which one of the following statements is true?

a) Implied repeal may occur where Parliament enacts successive statutes which on the true construction of each of them make irreducibly consistent provisions. In such a case the outcome is that the earlier statute is impliedly repealed by the later.
b) Constitutional statutes cannot be expressly repealed.
c) Any statute may be impliedly repealed.
d) A statute may provide that it cannot be impliedly repealed.

Answer 52

a) Implied repeal may occur where Parliament enacts successive statutes which on the true construction of each of them make irreducibly consistent provisions. In such a case the outcome is that the earlier statute is impliedly repealed by the later.

Feedback:

The correct option reflects what Laws LJ said concerning implied repeal in Thoburn v. Sunderland City Council (2003). The other options are incorrect because according to Laws LJ, constitutional statutes cannot be impliedly repealed. Express repeal remains possible. According to Laws LJ, constitutional statutes cannot be impliedly repealed and according to Maugham LJ in Ellen Street Estates v. Minister of Health (1934) a statute may provide that it cannot be impliedly repealed.

Question 53

Which one of following provisions in an Act of Parliament would effectively prevent it being impliedly repealed?

a) This Act shall not be amended or repealed without a favourable result of a referendum.
b) This Act shall not be amended or repealed without a two-thirds majority in the House of Commons and the House of Lords.
c) Any enactment passed or to be passed shall be construed and have effect subject to the provisions of this Act.
d) As far as it is possible to do so, the courts shall interpret statutes in accordance with the provisions of this Act.

Answer 53

c) Any enactment passed or to be passed shall be construed and have effect subject to the provisions of this Act.

Feedback:

Unless the views of Lord Steyn and Baroness Hale in Jackson v. Attorney General [2006] 1 AC 262 are more persuasive, entrenchment clauses cannot bind future parliaments under the principles determined and applied in Vauxhall Estates Ltd v. Liverpool Corporation (1932) and Ellen Street Estates v. Minister of Health (1934). According to Laws LJ, constitutional statutes cannot be impliedly repealed. Section 3 of the Human Rights Act 1998 relates to statutory interpretation and does not affect the sovereignty of Parliament.

Question 54

Which one of the following statements is false?

a) Judicial review allows a High Court Judge to examine the lawfulness of the decisions made by public bodies carrying out their public functions.
b) Judicial review is not available where there is a right of appeal against the decision of a public body.
c) ‘Public’ means that the body making the decision is governmental and the decisions it makes concern the rights of citizens generally rather than purely private rights.
d) Judicial review allows the High Court to review enactments.

Answer 54

b) Judicial review is not available where there is a right of appeal against the decision of a public body.

Feedback:

This answer is false because, according to the Pre-Action Protocol for Judicial Review, judicial review is available whether or not there is a right of appeal.

Question 55

Which one of the following statements is true?

a) With the exception of cases involving alleged breaches of Convention Rights incorporated by Se1 of the Human Rights Act 1998, judicial review focuses on the way public bodies make their decisions. The basis of a judicial review claim is not that a decision is wrong, unless the decision is so wrong that no reasonable public body could have reached it.
b) In judicial review the court reverses the decision of the defendant public body.
c) The grounds for judicial review are always contained in the statute conferring powers on public bodies.
d) In judicial review the court replaces the decision of the defendant public body with its own decision on the merits of the claim.

Answer 55

a) With the exception of cases involving alleged breaches of Convention Rights incorporated by Se1 of the Human Rights Act 1998, judicial review focuses on the way public bodies make their decisions. The basis of a judicial review claim is not that a decision is wrong, unless the decision is so wrong that no reasonable public body could have reached it.

Feedback:

The incorrect answers are true in relation to a process of appeal but do not apply to judicial review. See Lord Mustill’s judgment in R v. Secretary of State for the Home Department ex p. Fire Brigades Union (1996).

Question 56

Which one of the following is the constitutional basis of judicial review?

a) Common Law
b) Statute
c) The rule of Law and the separation of powers.
d) Equity

Answer 56

c) The rule of Law and the separation of powers.

Feedback:

This answer is correct and in accordance with judicial statements in decided cases. See the Chapter on Rule of Law.

Question 57

Which one of the following statements is false?

a) The courts look at the origins, history, constitution, and membership of an organization to determine if it is a public body.
b) A body may be subject to judicial review even if its powers are based on agreement if effective public law remedies are available.
c) A body whose origin and constitution owes nothing to governmental control may be subject to judicial review if it has been woven into the fabric of governmental control or statutory regulation.
d) A body may be subject to judicial review if it has functions normally carried out by an organ of government or is doing something which would be done by an organ of government if the body in question did not exist.

Answer 57

b) A body may be subject to judicial review even if its powers are based on agreement if effective public law remedies are available.

Feedback:

This answer is false because bodies whose powers are based on agreement are not subject to judicial review where effective private law remedies are available.

Question 58

Which one of the following statements is true?

a) There is no distinction between private and public law in English law.
b) Public bodies can never be liable in private law.
c) Public law was defined by Lord Diplock in O’Reilly v. Mackman (1982).
d) It is contrary to public policy and an abuse of the process of the court for the claimant to bring a public law matter to court by way of ordinary civil procedure thereby avoiding the protection given to public bodies by judicial review procedure

Answer 58

d) It is contrary to public policy and an abuse of the process of the court for the claimant to bring a public law matter to court by way of ordinary civil procedure thereby avoiding the protection given to public bodies by judicial review procedure.

Feedback:

The correct answer is the rule in O’Reilly v. Mackman. The distinction between public and private law was accepted by the House of Lords in O’Reilly v. Mackman. Lord Diplock did not define public law in O’Reilly v. Mackman but left this to be decided on a case by case basis. Public bodies can be sued in private law proceedings if the private rights of individuals are infringed.

Question 59

Which one of the following statements is false?

a) The fundamental question in determining whether a claimant has sufficient interest to bring a judicial review claim is whether his personal rights are directly affected by the decision he seeks to challenge.
b) The question of whether a person has sufficient interest should not be treated as a preliminary issue, but must be considered in the legal and factual context of the whole case.
c) The merits of the challenge are an important, if not dominant, factor when determining whether a claimant has sufficient interest.
d) An interested party is anyone other than the claimant and the defendant who is directly affected by the decision.

Answer 59

a) The fundamental question in determining whether a claimant has sufficient interest to bring a judicial review claim is whether his personal rights are directly affected by the decision he seeks to challenge.

Feedback:

This answer is false because the merits of the claim determine sufficient interest according to the House of Lords decision in IRC v. National Federation of Self Employed and Small Businesses (1981).

Question 60

Which one of following statements is false?

a) A Quashing Order, Mandatory Order, or Prohibiting Order must be claimed by judicial review.
b) An injunction or declaration may be claimed by judicial review.
c) All judicial review remedies are mandatory.
d) A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due but a claimant may not seek such a remedy alone.

Answer 60

c) All judicial review remedies are mandatory.

Question 61

Which provisions contain the current procedural rules governing a judicial review claim?

a) The Senior Courts Act 1981.
b) The Pre Action Protocol for Judicial Review and Section One of Part 54 the Civil Procedure Rules enacted under the Civil Procedure Act 1997.
c) Rules of the Supreme Court Order 53.
d) The Human Rights Act 1998.

Answer 61

b) The Pre Action Protocol for Judicial Review and Section One of Part 54 the Civil Procedure Rules enacted under the Civil Procedure Act 1997.

Feedback:

The Pre Action Protocol for Judicial Review and Section One of Part 54 the Civil Procedure Rules enacted under the Civil Procedure Act 1997 contain the current procedural rules governing a judicial review claim

Question 62

Which one of the following statements is false?

a) The ultra vires question may be answered by interpreting the words of a statute to determine what exactly the public body can do.
b) A public body might exceed its jurisdiction if it misinterprets its powers.
c) The court may be prepared to imply words into statutes and make a discretionary power subject to implied principles, undertakings, and duties.
d) The courts will never intervene where a statute confers a subjective discretionary power.

Answer 62

d) The courts will never intervene where a statute confers a subjective discretionary power.

Feedback:

This answer is false. In times of war or emergency or where national security is in issue, the courts often refuse to intervene on the basis that, subject to the requirement of good faith, the executive is better placed than the judiciary to make a decision. In other contexts, however, the courts are prepared to intervene by imposing implied limitations on discretionary powers.

Question 63

Which one of the following statements is true?

a) A public body must take into account relevant matters and discard anything irrelevant. Where the relevant considerations are expressly stated in a statute any deviation will make a decision invalid
b) If the statute does not specify the purposes for which discretion may be exercised, the court cannot intervene.
c) If a statute specifies the purposes for which a discretionary power may be exercised the courts will allow a public body to act for a different purpose if this is in the public interest.
d) A public body may exercise its powers for any purpose whatsoever provided that one of them is allowed by the empowering statute

Answer 63

a) A public body must take into account relevant matters and discard anything irrelevant. Where the relevant considerations are expressly stated in a statute any deviation will make a decision invalid

Feedback:

This answer correctly reflects the common law rules of statutory interpretation.

Question 64

Which one of the following statements is false?

a) A public body must take into account relevant matters and discard anything irrelevant.
b) A decision must be made on sufficient and properly considered evidence.
c) There are two general grounds on which the exercise of an unqualified discretion can be attacked. It must not be exercised in bad faith, and it must not be so unreasonably exercised as to show that there cannot have been any real or genuine exercise of the discretion.
d) A public body may adopt a policy by which effectively shuts its ears to all applicants if it is in the public interest to do so.

Answer 64

d) A public body may adopt a policy by which effectively shuts its ears to all applicants if it is in the public interest to do so.

Feedback:

This answer is false. See Lord Reid in British Oxygen Co. Ltd v. Minister of Technology (1971).

Question 65

Which one of the following statements is the key principle in Congreve v Home Office [1976] QB 629

a) Statutory powers may not be used so as to defeat the policy and purpose of the Act.
b) Statutory powers may not be used to penalize conduct
c) Statutory powers may not be used to gain an unauthorized financial advantage.
d) A public body must exercise a discretionary power for the purpose for which it is granted. If a statute states the purposes for which discretion is to be exercised, the courts will treat the stated purposes as exhaustive. If the power is exercised for any other purpose the public body’s action or decision will be ultra vires

Answer 65

d) A public body must exercise a discretionary power for the purpose for which it is granted. If a statute states the purposes for which discretion is to be exercised, the courts will treat the stated purposes as exhaustive. If the power is exercised for any other purpose the public body’s action or decision will be ultra vires

Feedback:

The statements contained in the incorrect answers are the key principles the court applies when statutes do not expressly state the purpose for which a power is to be exercised. The key principle in Congreve v Home Office [1976] QB 629 applies where the statute does expressly state the purpose for which a power is to be exercised..

Question 66

Which one of the following statements is the key principle in Coleen Properties v Minister of Housing and Local Government [1971] 1 WLR 433

a) The court must look at how the decision-maker strikes a balance with fundamental rights.
b) Proportionality may go further than the traditional grounds of review
c) The intensity of the review, in similar cases, is guaranteed by the twin requirements that the limitation of the right was necessary in a democratic society, in the sense of meeting a pressing social need, and the question of whether the interference was really proportionate to the legitimate aim being pursued
d) A public body must base its conclusions of fact on the evidence before it. A public body’s decision can be challenged by judicial review on the ground that it has ignored relevant evidence, or has misinterpreted evidence or has unreasonably made a decision which is contrary to the weight of the evidence presented to it during the decision-making process.

Answer 66

d) A public body must base its conclusions of fact on the evidence before it. A public body’s decision can be challenged by judicial review on the ground that it has ignored relevant evidence, or has misinterpreted evidence or has unreasonably made a decision which is contrary to the weight of the evidence presented to it during the decision-making process.

Feedback:

This answer is correct because this is the key principle as stated by Lord Denning in Coleen Properties v Minister of Housing and Local Government [1971] 1 WLR

Question 67

Which one of the following statements is not a part of the principle of Wednesbury Unreasonableness?

a) A public body has reached a conclusion which is so absurd that no reasonable authority could ever have come to it.
b) A public body has acted in bad faith.
c) A public body has not directed itself properly in law.
d) A case has been wrongly decided on its merits involving a matter of fundamental public importance.

Answer 67

d) A case has been wrongly decided on its merits involving a matter of fundamental public importance.

Feedback:

The statements contained in the incorrect answers are all part of the principle of Unreasonableness according to Lord Greene MR in the Wednesbury Case. Concerning the correct answer, Lord Greene made it clear that the principle of unreasonableness did not involve any consideration of the merits of the decision.

Question 68

Which of the following statements is not one of the circumstances in which the principle of proportionality would be applied according to Lord Slynn in R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions (2003)?

a) The principle of proportionality will be applied where a court is asked to consider whether legislation is compatible with Convention rights
b) The principle of proportionality is relevant where the court is applying principles of European Union law.
c) Proportionality will be applied whenever a court is deciding whether to quash a penalty or punishment.
d) In mode of trial proceedings in the Magistrates’ Court.

Answer 68

d) In mode of trial proceedings in the Magistrates’ Court.

Feedback:

The correct answer is not one of the four circumstances listed by Lord Slynn. The correct statement would have referred to judicial review proceedings for unreasonableness.

Question 69

Which one of the following statements is false?

a) The court must look at how the decision-maker strikes a balance with fundamental rights.
b) Proportionality may go further than the traditional grounds of review.
c) The intensity of the review, in similar cases, is guaranteed by the twin requirements that the limitation of the right was necessary in a democratic society, in the sense of meeting a pressing social need, and the question of whether the interference was really proportionate to the legitimate aim being pursued.
d) The effect of Section 2 of the Human Rights Act 1998 is that judicial review is now merits-based.

Answer 69

d) The effect of Section 2 of the Human Rights Act 1998 is that judicial review is now merits-based.

Feedback:

This answer is false because Lord Slynn in Daly and Lord Styne in the Alcolnbury Case both said that there was nothing within Strasbourg jurisprudence to suggest a merits-based approach to judicial review.

Question 70

Which one of following statements is true?

a) The High Court, in a judicial review claim, cannot take Convention rights into account.
b) The court treats judicial review claims involving Convention rights as if they were appeals.
c) In a judicial
d) In accordance with Strasbourg jurisprudence, the court is concerned with whether the claimant’s Convention rights have been infringed, not with whether the public authority has properly taken them into account. What is important is the practical outcome of the decision not the quality of the decision-making process itself

Answer 70

d) In accordance with Strasbourg jurisprudence, the court is concerned with whether the claimant’s Convention rights have been infringed, not with whether the public authority has properly taken them into account. What is important is the practical outcome of the decision not the quality of the decision-making process itself

Feedback:

This answer is true because it reflects the key principle in the House of Lords’ decision in R (on the application Nasseri) v Secretary of State for the Home Department (2010)

Question 71

Which of the following cases supports the outcomes is all approach to judicial review?

a) Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
b) R v Gaming Board ex parte Beniam and Khaida (1970)
c) R v Barnsley MBC ex parte Hook (1976)
d) R (on the application Nasseri) v Secretary of State for the Home Department (2010).

Answer 71

d) R (on the application Nasseri) v Secretary of State for the Home Department (2010).

Feedback:

The House of Lords applied the key principle that In accordance with
Strasbourg jurisprudence, the court is concerned with whether the claimant’s Convention
rights have been infringed, not with whether the public authority has properly taken them
into account. What is important is the practical outcome of the decision not the quality of
the decision-making process itself.