Uk Constitutional Law Overview

Summary

The Constitutional Reform Act 2005 established the UK Supreme Court. Individual ministerial responsibility involves non-legal rules for minister resignation. Backbench MPs are not part of the executive. Courts often read down ouster clauses in judicial reviews. The Ministerial Code is non-legal guidance. The Royal Prerogative is discretionary authority of the Crown. Public enquiries are not a UK constitution source. The Prime Minister does not assent to Acts of Parliament. Collective Cabinet responsibility requires public support of government policy. The Thoburn case indicates constitutional statutes are not subject to implied repeal. The rule of law is a constitutional foundation. Entick v Carrington emphasizes government by law. The Human Rights Act allows declarations of incompatibility. The judiciary cannot quash Acts of Parliament. Judicial review requires sufficient interest. The De Keyser case limited prerogative power. Legality can challenge misuse of statutory power. The UK constitution is an uncodified mix of laws and conventions. The King does not appoint the Leader of the Opposition.

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Which of the following statements about the convention of individual ministerial responsibility is most accurate? Question * Select one: a. The convention establishes clear rules about when ministers can vote against the government in the House of Commons. b. The convention requires government ministers to keep Cabinet discussions confidential. c. The convention requires the Prime Minister to resign if something goes wrong in a government department. d. The convention establishes non-legal rules about when government ministers should resign.
The most accurate statement about the convention of individual ministerial responsibility is:
d. The convention establishes non-legal rules about when government ministers should resign.
Which of the following is not a member of the executive? a. The Prime Minister b. The Chancellor of the Exchequer c. A back bench MP d. The Secretary of State for Home Affairs
The correct answer is:
c. A back bench MP
Which of the following best describes the approach of the courts to ouster clauses in the context of judicial review proceedings? Question * Select one: a. The Anisminic case suggests that the courts will uphold them where possible b. Ouster clauses will be upheld as long as they are reasonable. c. Ouster clauses can help a claimant to establish standing. d. The courts will attempt to read down an ouster clause which purports to completely exclude the possibility of judicial review.
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The correct answer to your question is:
d. The courts will attempt to read down an ouster clause which purports to completely exclude the possibility of judicial review.
Which statement about the ministerial code is most accurate? a. The Ministerial Code is an Act of Parliament that requires ministers to resign for breaches of ethics. b. The Ministerial Code replaced the convention of individual ministerial responsibility. c. The Ministerial Code was abolished by Boris Johnson. d. The Ministerial Code is a non-legal guidance document issued and updated by the Prime Minister.
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The most accurate statement about the ministerial code is:
d. The Ministerial Code is a non-legal guidance document issued and updated by the Prime Minister.
Which one of the following statements is true? Question * Select one: a. The Royal Prerogative is the supreme law of the land. b. The courts have jurisdiction to create new Royal Prerogative powers. c. The Royal Prerogative is the residue of discretionary or arbitrary authority, which at any time is legally left in the hands of the Crown. d. The monarch can rule by proclamation.
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The correct answer is:
c. The Royal Prerogative is the residue of discretionary or arbitrary authority, which at any time is legally left in the hands of the Crown.
Which of the following is not a source of the UK constitution? a. Constitutional conventions b. Legislation c. Public enquiries d. Common law
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The correct answer is:
c. Public enquiries
Which of these is not a constitutional convention? Question * Select one: a. The Prime Minister must assent to all Acts of Parliament. b. The Queen must assent to all Acts of Parliament. c. The Queen appoints as Prime Minister the person who commands the support of the majority of the House of Commons. d. Ministers must resign if there has been a policy failure within their department.
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The correct answer is:
a. The Prime Minister must assent to all Acts of Parliament.
This is not a constitutional convention. The Prime Minister does not have the authority to assent to Acts of Parliament; this is a role reserved for the Queen.
Which statement best describes the convention of collective Cabinet responsibility? Question * Select one: a. All ministers must sit together in Parliament. b. A minister can express dissent and remain in Cabinet as long as he expressed his disagreement only outside Parliament. c. All ministers must resign at the same time if they have a serious disagreement. d. A minister who does not publicly support government policy is expected to resign.
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The best description of the convention of collective Cabinet responsibility is:
d. A minister who does not publicly support government policy is expected to resign.
Which of the following statements about implied repeal is most accurate? a. Constitutional statutes are entrenched, meaning they cannot be amended or repealed without a referendum. b. Constitutional statutes cannot be expressly repealed. c. The doctrine of implied repeal means that where a later Act of Parliament is inconsistent with an earlier one, the courts must give effect to the earlier Act. d. The Thoburn case suggests that constitutional statutes are not subject to implied repeal.
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The correct answer to the question is:
d. The Thoburn case suggests that constitutional statutes are not subject to implied repeal.
What did Lord Hope describe as the “ultimate controlling factor on which our constitution is based” in the Jackson case? Question * Select one: a. The rule of law b. Members of Parliament c. The House of Lords d. Parliamentary sovereignty
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The correct answer to the question is:
a. The rule of law
Which of the following statements is NOT true of the case of Entick v Carrington? Question * Select one: a. It confirms that government must be according to the law, which was a relatively unusual proposition at the time b. It is authority for the proposition that government must be according to the law c. It is an example of the rule of law in operation d. It is authority for the proposition that the rule of law will always prevent oppressive laws from being passed
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The statement that is NOT true of the case of Entick v Carrington is:
d. It is authority for the proposition that the rule of law will always prevent oppressive laws from being passed.
Which of the following statements about the Human Rights Act is most accurate? a. Where the courts cannot interpret legislation in a way that is compatibly with the ECHR, they may issue a declaration of incompatibility under section * of the Act. b. Section * of the Act provides that judges must always interpret legislation so that it is compatible with the ECHR. c. Section * of the Act permits courts to strike down legislation that is incompatible with the ECHR. d. Following a declaration of incompatibility under section * of the Act, the courts can alter or amend legislation to make it compatible with the ECHR.
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The most accurate statement about the Human Rights Act is:
a. Where the courts cannot interpret legislation in a way that is compatible with the ECHR, they may issue a declaration of incompatibility under section * of the Act.
Which of these statements about the UK constitution is not true? Question * Select one: a. The legislature makes, unmakes and amends the law. b. The judiciary can quash Acts of Parliament. c. The judiciary apply and interpret the law, resolve disputes, and sentence criminal offenders. d. The executive makes policy, gives effect to and enforces the law.
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The statement that is not true about the UK constitution is:
b. The judiciary can quash Acts of Parliament.
In the UK, the judiciary does not have the power to quash Acts of Parliament due to the principle of parliamentary sovereignty.
Which of the following statements is most accurate? a. Judicial review proceedings can be brought by any individual without the need to establish standing. b. Judicial review proceedings cannot be brought by any party which does not have sufficient interest in the matter at hand. c. Judicial review allows an applicant to appeal the decision of a public body. d. Judicial review proceedings can be brought by any interest group without the need to establish standing.
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The most accurate statement is:
b. Judicial review proceedings cannot be brought by any party which does not have sufficient interest in the matter at hand.
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Which of the following statements is true? Question * Select one: a. In the Miller case the court said Parliament could invoke prerogative power to trigger A50 of the TEU b. In the De Keyser case the court said that prerogative power had been suspended by the enactment of the Defence of the Realm Act c. In the Miller case the court said the government could invoke its prerogative power to trigger A50 of the TEU d. In the De Keyser case the court said that prerogative power had not been suspended by the enactment of the Defence of the Realm Act
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The correct answer is:
b. In the De Keyser case the court said that prerogative power had been suspended by the enactment of the Defence of the Realm Act.
Which ground of judicial review could be used to challenge the decision by a Council to close a road, where the Council has used a statutory power permitting it to clean roads? Question * Answer a. Legality. b. Procedural fairness. c. Section * of the Human Rights Act *. d. Natural justice.
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To challenge the Council's decision to close a road using a statutory power meant for cleaning roads, the most appropriate ground would be:
a. Legality
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Which of these statements best describes the UK constitution? Question * Select one: a. It a written, codified constitution. b. It is a legally enforceable document that was originally known as the Magna Carta. c. It is unwritten and uncodified. d. It is an uncodified mixture of written laws, political conventions and political principles
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The correct answer to the question "Which of these statements best describes the UK constitution?" is:
d. It is an uncodified mixture of written laws, political conventions and political principles.
Which of the following is not a prerogative of the King? a. The King appoints the Leader of the Opposition. b. The King appoints the Prime Minister. c. The King can consult, warn and advise ministers. d. The King has rights of ownership of sturgeon, swans and whales.
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The correct answer to the question "Which of the following is not a prerogative of the King?" is:
a. The King appoints the Leader of the Opposition.
Which of the following is true? a. An MP serves their constituents on a voluntary basis b. An MP does not sit in the House of Commons c. An MP does not sit in the House of Lords d. An MP cannot also be a government minister
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The correct answer is:
c. An MP does not sit in the House of Lords
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