The Constitution and Conventions Flashcards
The King is about to open Parliament and decides to add a final paragraph to his speech setting out a proposed new law.
Is there anything in the Constitution to prevent the King from adding this paragraph?
Yes, this is in breach of constitutional convention.
There is a constitutional convention, established by usage, that the speech is drafted by the prime minister and that the King follows the advice of his prime minister.
Since the Bill of Rights in 1689, Parliament has had unlimited power to pass laws on anything it chooses without limit, even a law which is considered immoral by most ordinary people.
Would such a law be valid?
Yes, Parliament has the power to pass such a law which would therefore be valid.
The law would be valid if passed by Parliament regardless of whether it was unopposed, and this would not affect the question of legitimacy if its contents were immoral.
The government receive information that a rogue state has acquired a nuclear weapon which it may use against the UK at any moment.
Does the Prime Minister, as head of the government, have power to deploy the UK’s armed forces against the rogue state without reference to Parliament?
Yes, under the royal prerogative the Prime Minister, as head of the government can deploy the armed forces immediately.
The Prime Minister, as head of the government, can act on the monarch’s behalf without their specific approval.
Following a series of riots across the country, the Home Secretary becomes concerned for the public’s safety and plans to equip all police forces immediately with a new stun gun using their powers under the royal prerogative. Her most senior civil servant points out that legislation has recently been passed that specifically deals with procurement of police equipment and that excludes stun guns.
Can the Home Secretary proceed with their plan to provide the new police equipment?
No, this is not within their powers under the royal prerogative because it is now covered by statute.
Where a matter is covered by statute, the royal prerogative must not be used to thwart Parliament and is put into abeyance.
Having been elected to the Senedd, a woman has ambitions to become a member of the executive in the role of First Minister when the current holder of the post resigns.
Which of the following correctly sets out the procedure which would have to be followed for the woman to achieve this?
She would need to be nominated by the Senedd and elected by a majority vote of the Senedd before being recommended to the King for appointment.
A Member of the Senedd wishes to table a question to a Welsh Minister with a proposal for new legislation relating to health but is unsure whether the subject matter is within the Senedd’s legislative powers.
Does the proposed subject matter come within the scope of the Assembly’s legislative powers?
Yes, if is not reserved to the UK Parliament.
A Welsh environmental activist visits the constituency surgery of her Senedd Member to discuss legislation recently passed by the Assembly concerning landfill sites and recycling. She is concerned about whether she can be assured that this legislation will be implemented.
Which of the following correctly sets out the position in response to her concerns?
The Act will be implemented by ministers of the Government of Wales who are accountable to the Senedd.
This is a Senedd Act and a UK government minister would not be involved in its implementation.
A Cabinet minister responsible for health policies appears before a Parliamentary Select Committee to answer questions regarding a crisis in low vaccination uptake. The minister answers a question incorrectly after misinterpreting information from a civil servant in their department.
Which of the following sets out the proper course of action for the minister when this inaccuracy comes to light?
To apologise by way of a letter of resignation to the prime minister.
Ministers are responsible for the actions of the government and its departments. They are under a duty to give truthful and accurate information to Parliament to whom they are accountable. More than an apology would be required of a minister who clearly breached this responsibility.
Judges are an important part of the legal system in England and Wales and special rules and principles apply to them.
Which one of the following statements regarding judges is correct?
Judges’ salaries are charged on the Consolidated Fund, being a fund which is not subject to an annual parliamentary vote.
Justices of the Supreme Court are appointed by means of a special selection process.
Which one of the following statements best describes an element of that process?
Applicants who are successful will be formally appointed by the monarch.
Applicants must either have held high judicial office for at least two years or satisfy the judicial-appointment eligibility condition on a 15-year basis or have been a qualifying practitioner for at least 15 years.
A sole practitioner wishes to advertise the fact that the firm can now offer additional services to clients.
How can the solicitor advertise these services to the public?
The solicitor can make an unsolicited approach to advertise the additional service to current and former clients.
Paragraph 8.9 of the SRA Code of Conduct for Solicitors (equivalent to para 7.1(c) SRA Code of Conduct for Firms) states that a solicitor cannot make an unsolicited approach to members of the public regarding the advertising of the firm’s legal services, but that this does not apply only to current or former clients. Any potential client referred to the firm by a current or former client will be seen as a member of the public.
