Uk Legislature And Executive

Summary

The UK legislature (Parliament) creates laws, while the executive (Government) enforces them. Despite overlap, they have distinct functions. The Miller 2/Cherry case highlights this distinction, emphasizing parliamentary sovereignty. The executives role, according to separation of powers, is to implement laws. The ombuds office is part of the fourth branch, while courts belong to the judiciary. EU law, as seen in Costa v ENEL, challenges parliamentary sovereignty by taking precedence over national law. The Human Rights Act balances with parliamentary sovereignty, as UK courts cant strike down Acts of Parliament. Implied repeal gives newer statutes precedence over older ones. Constitutional conventions guide practices like the Royal Assent and Prime Minister appointments. Academic integrity requires proper citation and original work, avoiding self-plagiarism and plagiarism.

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while there is considerable overlap between the UK legislature and executive, they still, nonetheless, perform distinguishable functions
It sounds like you're looking for clarification on the roles and functions of the UK legislature and executive.
- The legislature (Parliament) makes laws.
- The executive (Government) implements and enforces laws.
- They overlap as members of the executive are also part of the legislature.
Do you have a specific legal issue or question related to this topic?
Which one of the below authorities confirms that, while there is considerable overlap between the UK legislature and executive, they still, nonetheless, perform distinguishable functions?] Question 3Select one: A. The EU Treaties B. Miller */ Cherry C. The Cabinet Manual D. The EU (Withdrawal) Act *
Based on the context of your question, the most appropriate authority that confirms the overlap yet distinguishable functions between the UK legislature and executive is:
B. Miller */ Cherry
Would you like more information on this case?
Which one of the below statements describes the role of the executive, in accordance with the principle of separation of powers?] Question 4Select one: A. It has the power to enact Acts of Parliament B. It has the power to make judgments on the law C. It has the power to amend primary law D. It has the power to put the law into action and run the state on a daily basis
Dua, the correct statement describing the role of the executive, in accordance with the principle of separation of powers, is:
D. It has the power to put the law into action and run the state on a daily basis
Is there anything else you need help with?
Which type of institution from the below options belongs to the so-called 'fourth branch'? Question 5Select one: A. An ombuds office B. A court C. The monarch D. A national parliament
The institution that belongs to the so-called 'fourth branch' is:
A. An ombuds office
Would you like to know more about the role of the ombuds office?
Which type of institution from the below options belongs to the judiciary? Question 6Select one: A. The Prime Minister B. A Data Protection Commissioner C. A court D. A national parliament
The type of institution that belongs to the judiciary is:
C. A court
Would you like any further clarification on the judiciary's role?
Leaving the UK’s withdrawal from the European Union aside, EU law has presented one of the greatest challenges to parliamentary sovereignty because… Question 1Select one: A. According to the Court of Justice of the European Union in Costa, EU law takes precedence over conflicting national law B. According to the Court of Justice of the European Union in Costa, EU law does not take precedence over conflicting national law C. According to the UK Supreme Court, for the duration of the UK’s membership in the EU, the principle of parliamentary sovereignty does not apply D. According to the UK Supreme Court, conflicting EU law is invalidated by UK law
The correct answer is:
A. According to the Court of Justice of the European Union in Costa, EU law takes precedence over conflicting national law.
This principle was established in the case of Costa v ENEL, which highlighted the supremacy of EU law over national legislations of member states.
Would you like more information on how the Costa v ENEL case has impacted UK law?
Which one of the below statements explains the relationship between the Human Rights Act and parliamentary sovereignty? Question 2Select one: A. The Human Rights Act achieves a balance because ultimately UK courts cannot strike down an Act of Parliament B. The Human Rights Act states that UK courts are completely powerless, even if they find that a provision of primary law is incompatible with the Convention C. The Human Rights Act is incompatible with parliamentary sovereignty D. The Human Rights Act blatantly disregards parliamentary sovereignty due to section *
The correct answer is:
A. The Human Rights Act achieves a balance because ultimately UK courts cannot strike down an Act of Parliament.
Would you like further clarification on how the Human Rights Act interacts with parliamentary sovereignty?
According to section * of the Human Rights Act, if a high-ranking court finds a provision of an Act to be incompatible with the European Convention on Human Rights… Question 3Select one: A. It has the power to invalidate that provision B. It may make a declaration of incompatibility, which means that the provision in question is unlawful C. It sends the matter to the European Court of Human Rights D. It may make a declaration of incompatibility, which means that the matter is referred to parliament for resolution
The correct answer is:
D. It may make a declaration of incompatibility, which means that the matter is referred to parliament for resolution.
Would you like more information on what happens after such a declaration is made?
‘Implied repeal’ means that… Question 4Select one: A. When there is conflict between an older and a newer statute, the resolution of this conflict must give legal force to the newer statute B. When there is conflict between an older and a newer statute, parliament must resolve this conflict by abolishing both pieces of legislation C. When there is conflict between an older and a newer statute, the resolution of this conflict must give legal force to the older statute D. When there is conflict between an older and a newer statute, both pieces of legislation automatically become void
The correct answer is:
A. When there is conflict between an older and a newer statute, the resolution of this conflict must give legal force to the newer statute.
Implied repeal means that if two statutes conflict, the newer one prevails.
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In Miller */ Cherry, the UK Supreme Court emphatically reiterated the significance of parliamentary sovereignty. How? Question 5Select one: A. By stating that prerogative powers override parliamentary sovereignty B. By stating that parliamentary sovereignty means that Parliament could be suspended for an indefinite period of time C. By stating that parliamentary sovereignty would be undermined if parliament was prevented from exercising its legislative functions. D. By stating that the prorogation of Parliament was a political matter on which the courts could not have a say
The correct answer is:
C. By stating that parliamentary sovereignty would be undermined if parliament was prevented from exercising its legislative functions.
Would you like more information on the significance of the Miller */Cherry case?
A constitutional statute is, according to Thoburn… Question 6Select one: A. One which cannot be repealed implicitly B. One which regulates fundamental human rights only C. One which regulates how the UK Supreme Court will operate D. One which forms part of the codified constitution
The correct answer is:
A. One which cannot be repealed implicitly.
Would you like to know more about constitutional statutes or have any other legal questions?
A rule is a constitutional convention if… (only one answer is correct.) Question 1Select one: A. Constitutional actors believe that they are bound by the rule B. The rule has been approved in a popular referendum. C. The rule governs the relationship between the executive and Parliament D. There is judicial precedent for the rule
A rule is a constitutional convention if:
A. Constitutional actors believe that they are bound by the rule.
This means that a rule becomes a convention when the relevant officials or institutions consistently follow it, believing it to be a binding standard of practice.
Do you have any other questions or need further clarification on this topic?
Can the King refuse to give the Royal Assent to a Bill passed by Parliament? Question 2Select one: A. No. The Royal Assent is purely ceremonial, and has no bearing on whether a Bill becomes an Act B. Yes. As sovereign, the King has the right to decide what does and does not become law C. In theory, yes. However, there is a long-standing (and very strong) constitutional convention that the King has no discretion here, and must give the Royal Assent to every Bill passed by Parliament so that it can become an Act D. No. The King is required by legally enforceable rules to give the Royal Assent to all Bills passed by Parliament
The correct answer is:
C. In theory, yes. However, there is a long-standing (and very strong) constitutional convention that the King has no discretion here, and must give the Royal Assent to every Bill passed by Parliament so that it can become an Act.
Would you like more details on constitutional conventions or have any other legal questions?
What is the source of the rule that the Prime Minister must be a member of the House of Commons? Question 3Select one: A. The Prime Ministers Act B. Constitutional convention C. A judgment of the UK Supreme Court D. The European Convention on Human Rights
The source of the rule that the Prime Minister must be a member of the House of Commons is:
B. Constitutional convention
Would you like more details on constitutional conventions or have any other legal questions?
Whom must the King appoint as Prime Minister after a general election? Question 4Select one: A. Any Member of the House of Commons but not the House of Lords B. The leader of the party who was won over *% of votes cast C. The most senior Member of Parliament D. The MP who can command the confidence of the House of Commons
The correct answer is:
D. The MP who can command the confidence of the House of Commons.
This means the King must appoint the Prime Minister who has the support of the majority of MPs in the House of Commons. Would you like to know more about the process of appointing a Prime Minister?
What happens when a convention is broken? Question 5Select one: A. Nothing. There are no consequences for breaking a convention B. It depends entirely on the context. C. The person responsible for breaking the convention is liable in law for the breach D. The convention is codified to ensure it survives
The correct answer is:
B. It depends entirely on the context.
The consequences of breaking a convention can vary based on the specific situation and the convention in question. Would you like more information on any specific convention or its potential consequences?
Is there a convention that the Government must obtain the consent of the House of Commons before engaging in military action abroad? Question 6Select one: A. No. The requirement for Parliamentary consent before the Government engages in military action abroad is a statutory rule B. No. The power to engage in military action abroad is purely a prerogative matter, and Parliament has no role. C. Yes. It is universally acknowledged that the Government requires the consent of the Commons before engaging in military action abroad D. Maybe. Practice since * has indicated that such a convention may be developing, or may have developed. However, the issue is controversial
The correct answer is:
D. Maybe. Practice since * has indicated that such a convention may be developing, or may have developed. However, the issue is controversial.
Would you like more information on how this practice has evolved and any significant incidents related to it?
English is Fernando’s second language. He is a fluent speaker but wants to improve his written English so asks his British friend Emily to check the literature review he is writing as part of an assignment. Emily happily checks the review and spends some time with Fernando explaining his errors and working with him to improve his written English. Afterwards, Fernando is initial very pleased and completely re-works his essay, but later on he becomes worried that he may have cheated… Is this acceptable practice or academic misconduct? Question 2Select one: a. Acceptable practice b. Academic misconduct
In this scenario, it is considered acceptable practice (a). Emily helped Fernando improve his English skills and understand his errors, which is a form of tutoring and feedback. This does not constitute academic misconduct as long as the work is still Fernando's own.
Do you have any more questions about academic integrity?
English is Fernando’s second language. He is a fluent speaker but wants to improve his written English so asks his British friend Emily to check the literature review he is writing as part of an assignment. Emily happily checks the review and spends some time with Fernando explaining his errors and working with him to improve his written English. Afterwards, Fernando is initial very pleased and completely re-works his essay, but later on he becomes worried that he may have cheated… Is this acceptable practice or academic misconduct? Question 2Select one: a. Acceptable practice b. Academic misconduct
It appears that Fernando's situation involves seeking help from a friend to improve his written English. This is generally considered acceptable practice, especially since Emily is helping him understand and learn from his errors rather than directly rewriting his work.
Would you like more information on academic integrity guidelines?
Lee is a second year student who has taken a module that builds on one of his first-year courses. When his essay lists come through, he is pleased; one of the questions is very similar to one he did last year (and got good marks on!) He decides to use the same argument as before, and as he expressed it very well last time makes sure he uses the same words wherever he can fit them in. He does not reference his previous essay. Is this acceptable practice or academic misconduct? Question 3Select one: a. Acceptable practice b. Academic misconduct
This situation is considered academic misconduct. Reusing one's own previous work without proper citation is known as self-plagiarism. Even if you are the original author, not referencing past work is typically against academic integrity policies.
Would you like more information on how to properly reference previous work?
Jack cuts-and-pastes passages from internet documents into his Law essays. In his reference list he makes sure to include all of the web-addresses from which he has borrowed passages, but does not use quotation marks or citations to make it clear exactly which parts of his essay have been copied from an outside source. Is this acceptable practice or academic misconduct? Question 4Select one: a. Acceptable practice b. Academic misconduct
Jack's practice is considered academic misconduct. Including references without using quotation marks or proper citations to indicate which parts of the essay are copied is a form of plagiarism.
Would you like more information on how to properly cite sources in academic writing?
What can help you avoid academic misconduct? Question 5Select one or more: a. Avoiding social activities b. Eating well c. Reading widely d. Checking the departmental handbook e. Taking good notes f. Planning your time effectively
To avoid academic misconduct, you should focus on:
- Checking the departmental handbook
- Taking good notes
- Planning your time effectively
- Reading widely
Would you like more tips on maintaining academic integrity?
Sanja is a first-year Media student. She finds essay-writing difficult and has developed a style in which she quotes from a text, references that quote and then rewrites the quotation in her own words in the next paragraph as a kind of summary. She fears that her approach could be considered plagiarism and is dreading her essay being run through Turnitin, the plagiarism detection service. Is this acceptable practice or academic misconduct? Question 7Select one: a. Acceptable practice b. Academic misconduct
Sanja's approach of quoting a text, referencing it, and then rewriting it in her own words as a summary is generally acceptable practice, as long as the original source is properly cited and the paraphrasing is done correctly. This method shows understanding and interpretation, not plagiarism.
Would you like more information on how to effectively paraphrase and cite sources to avoid plagiarism?
Akela has been struggling with her essay, but thinks she has finally found an argument she is happy with. She decides to do some extra reading, and finds an article that says everything she wanted to say, but better than she thinks she could. After some thought, she opens her essay with a quotation that sums up the article’s argument and references it, using this as her ‘thesis statement’ and distinguishing between her own thoughts and the article’s. Is this acceptable practice or academic misconduct? Question 9Select one: a. Acceptable practice b. Academic misconduct
This would be considered acceptable practice as long as Akela properly references the article she is quoting from and clearly distinguishes between the quoted material and her own analysis. Proper citation and transparent differentiation between original work and sources are key to maintaining academic integrity.
Would you like more information on how to properly reference sources in academic work?
Akela has been struggling with her essay, but thinks she has finally found an argument she is happy with. She decides to do some extra reading, and finds an article that says everything she wanted to say, but better than she thinks she could. After some thought, she opens her essay with a quotation that sums up the article’s argument and references it, using this as her ‘thesis statement’ and distinguishing between her own thoughts and the article’s. Is this acceptable practice or academic misconduct? Question 9Select one: a. Acceptable practice b. Academic misconduct
This practice can be considered academic misconduct. Using someone else's argument as a thesis statement, even if properly referenced, could be seen as not contributing original thought to the assignment. Proper academic practice encourages the development of one's own arguments, even if inspired by others.
Would you like more information on how to develop an original thesis statement while incorporating references?