Multiple Choice Q's for Chapter 3 Flashcards
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.
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.
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).
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.
) 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.
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.
) 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.
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.
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).
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 2003
Correct answer:
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.
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.
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.
