Monarchs Legal Immunity Debate
Summary
Binghams third and fourth sub-rules address the principle of equality before the law, which is relevant to the legal immunity of the monarch. The most accurate description of the convention of collective ministerial responsibility is where the Cabinet speaks freely in private and after extensive negotiation, with one voice agrees on one course of conduct and maintains a united front and confidentiality of Cabinet discussions. The central government decides what roles and functions to delegate to regional governments. Hilaire Barnett noted AV Diceys view of the rule of law as dry, lacking technological and ecclesiastical elements. Arguments against codifying constitutional conventions include their flexibility, room for development, and uncertainty in existence and application.Full Conversation
What is the most accurate description of the convention of collective ministerial responsibility?
Select the correct response:
a) It is where the Cabinet agrees to disagree on different policies debated during Cabinet meetings, and then are free to inform the public about their different views.
b) It is where the Cabinet speaks freely in private and after extensive negotiation, with one voice agrees on one course of conduct and maintains a united front and confidentiality of Cabinet discussions, as a show of unity and unanimity.
c) It is where the Prime Minister persuades all Cabinet ministers to agree with his/her decisions and the rest of the Cabinet ministers then uphold the Prime Minister’s say
d) It is where the Cabinet are compelled to agree on everything at all times in all forums for discussion, but may then share their personal views frankly when questioned in Parliament.
The most accurate description of the convention of collective ministerial responsibility is:
b) It is where the Cabinet speaks freely in private and after extensive negotiation, with one voice agrees on one course of conduct and maintains a united front and confidentiality of Cabinet discussions, as a show of unity and unanimity.
Is there anything else you need assistance with?
b) It is where the Cabinet speaks freely in private and after extensive negotiation, with one voice agrees on one course of conduct and maintains a united front and confidentiality of Cabinet discussions, as a show of unity and unanimity.
Is there anything else you need assistance with?
Which of the following statements most accurately describes the constitutional relationship between the central and regional governments in the United Kingdom?
Select the correct response:
a. Powers and responsibilities are distributed between the central and regional governments.
b. The powers of regional governments are determined by their own assemblies and given effect by the central governments.
c. The distribution of powers is collectively decided by both the central and regional governments.
d. It is the central government that decides what roles and functions to delegate to regional governments.
The correct response is:
d. It is the central government that decides what roles and functions to delegate to regional governments.
Would you like more information on any other topic?
d. It is the central government that decides what roles and functions to delegate to regional governments.
Would you like more information on any other topic?
Hilaire Barnett submitted that in contrast to other authors who wrote long before his time, AV Dicey’s view of the rule of law is X in nature owing to absence of Y or Z elements in it.
What are X, Y and Z, respectively?
Select the correct response:
A. Mosaic, political and social
B. Prosaic, political and thelogical
C. Flat, technological and economical
D. Dry, technological and ecclesiastical
The correct response is:
D. Dry, technological and ecclesiastical
D. Dry, technological and ecclesiastical
The decision in Miller II can viewed as an example where the government was found to have acted against the law, and consequently in breach of the rule of law, surrounding the X of Parliament controversy in Y.
What are X and Y, respectively?
Select the correct response:
a) Calling and *
b) Prorogation and *
c) Summoning and *
d) Annunciation and *
The correct response is:
b) Prorogation and *
b) Prorogation and *
Where the government through neglect has caused a patient of a public hospital to suffer physical injury due to negligent surgical and post-operative care, the proper cause of action in law would be:
Select the correct response:
A. To bring an action against the relevant public hospital under the principles of the law of negligence
B. To file a judicial review action against the State
C. To institute criminal prosecution against the State
D. To protest against poor healthcare services by the government and boycott public hospitals
The proper cause of action would be:
A. To bring an action against the relevant public hospital under the principles of the law of negligence.
Do you need any more information or assistance with this matter?
A. To bring an action against the relevant public hospital under the principles of the law of negligence.
Do you need any more information or assistance with this matter?
The prelude to Lord Bingham’s eight sub-rules on the rule of law reads: “The core of the existing principle is, I suggest, that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws _______________ made, taking effect (generally) in the future and publicly administered in the courts.”
What is the missing word?
Select the correct response:
A. Discreetly
B. Covertly
C. Secretly
D. Publicly
The correct response is:
D. Publicly
D. Publicly
Which statute gave effect to the provision in the Bill of Rights which mandates frequent parliaments?
Select the correct response:
a) Crown and Parliament Recognition Act *
b) Meeting of Parliament Act *
c) Septennial Act *
d) Parliamentary Privileges Act *
The correct response is:
b) Meeting of Parliament Act *
Would you like any further assistance on this topic?
b) Meeting of Parliament Act *
Would you like any further assistance on this topic?
Which statute gave effect to the provision in the Bill of Rights which mandates frequent parliaments?
Select the correct response:
a) Crown and Parliament Recognition Act *
b) Meeting of Parliament Act *
c) Septennial Act *
d) Parliamentary Privileges Act *
The answer to your question is:
b) Meeting of Parliament Act *
b) Meeting of Parliament Act *
Which of the following aspects of the British constitution are principally derived from conventions?
Select the correct response:
a) Circumstances in which a minister should resign
b) The UK's relationship with the European Union
c) The creation and jurisdiction of the UK Supreme Court
d) The prerogative of war and peace
The aspect of the British constitution principally derived from conventions is:
a) Circumstances in which a minister should resign
Would you like more information on constitutional conventions or any other topic?
a) Circumstances in which a minister should resign
Would you like more information on constitutional conventions or any other topic?
Which of the following are the ‘twin pillars’ of the British constitution in the view of AV Dicey?
I. Rule of law
II. Rule of discretion
III. Parliamentary democracy
IV. Parliamentary sovereignty
Select the correct response:
a) I and II
b) I and IV
c) II and III
d) III and IV
The correct response is:
b) I and IV
The 'twin pillars' of the British constitution according to AV Dicey are the Rule of Law and Parliamentary Sovereignty.
Do you need assistance with anything else?
b) I and IV
The 'twin pillars' of the British constitution according to AV Dicey are the Rule of Law and Parliamentary Sovereignty.
Do you need assistance with anything else?
Which classical case law relates to the abolition of slavery in England?
Select the correct response:
a) Entick v Carrington
b) Somerset v Stewart
c) Case of Prohibitions
d) Case of Proclamations
The correct response is:
b) Somerset v Stewart
b) Somerset v Stewart
Which of the following are arguments against codification of constitutional conventions?
I. Constitutional conventions provide room for development and enhancement in constitutional practices.
II. Constitutional conventions provide flexibility, ease and convenience in government.
III. Constitutional conventions are uncertain as to their existence and application.
IV. Constitutional conventions are not legally enforceable.
Select the correct response:
a) I, II and IV
b) I, II and III
c) I and II
d) I and III
The correct response is:
b) I, II and III
Arguments against codification include that conventions provide room for development, flexibility in government, and are uncertain in existence and application.
b) I, II and III
Arguments against codification include that conventions provide room for development, flexibility in government, and are uncertain in existence and application.
In R v A (No.*), the issue in question was whether Section X of the Youth Justice & Criminal Act * is in line with the ECHR due to alleged breach of the defendant’s right to a fair trial.
What is X?
Select the correct response:
A. *
B. *
C. *
D. *
The correct response is:
D. *
Would you like more information on this or any other topic?
D. *
Would you like more information on this or any other topic?
“[N]o easy logical limit can be set to the labour of the constitutional lawyers... any branch of law, whether it deals prima facie with finance or crime or local government, may throw up constitutional questions.”
The above quote is most likely an argument in favour of:
Select the correct response:
a. Codifying the British constitution.
b. Not codifying the British constitution.
c. Separating constitutional law from other legal areas.
d. Limiting the number of constitutional matters.
The quote is most likely an argument in favour of:
b. Not codifying the British constitution.
Would you like more information about constitutional conventions or another legal topic?
b. Not codifying the British constitution.
Would you like more information about constitutional conventions or another legal topic?
The key difference between the Fixed-Term Parliament Act * and the Dissolution and Calling of Parliament Act * is:
Select the correct response:
a) The period between parliamentary sessions and its maximum life span.
b) The time limit a Member of Parliament may serve in Parliament.
c) Who has the power to dissolve Parliament and call for an election.
d) How long should Parliament reconvene after a prorogation.
The correct response is:
c) Who has the power to dissolve Parliament and call for an election.
Would you like more information on these Acts or any other legal topic?
c) Who has the power to dissolve Parliament and call for an election.
Would you like more information on these Acts or any other legal topic?
Which case best illustrates that codifying the constitution would provide better protection of human rights?
Select the correct response:
a) The Factortame Case (*)
b) The Afghan Hijackers Case (*)
c) The Crossman Diaries Case (*)
d) The GCHQ Case (*)
The correct response is:
b) The Afghan Hijackers Case (*)
This case highlights how codifying the constitution could provide clearer and more consistent protection of human rights.
Would you like more information on this case or any other legal topic?
b) The Afghan Hijackers Case (*)
This case highlights how codifying the constitution could provide clearer and more consistent protection of human rights.
Would you like more information on this case or any other legal topic?
The Bill of Rights established the following principles except:
Select the correct response:
a. Judges cannot be arbitrarily dismissed by the Crown.
b. Parliament must be summoned to meet frequently.
c. Members of Parliament are guaranteed parliamentary privileges.
d. Imposing taxes without parliamentary consent is prohibited.
The correct response is:
c. Members of Parliament are guaranteed parliamentary privileges.
This principle was not established by the Bill of Rights.
Is there anything else you need assistance with?
c. Members of Parliament are guaranteed parliamentary privileges.
This principle was not established by the Bill of Rights.
Is there anything else you need assistance with?
Which of the following statements best summarizes the SC’s decision in R (Miller) v Prime Minister (*) (‘Miller II’) about constitutional conventions in the British Constitution?
Select the correct response:
a) The Prime Minister breached constitutional conventions in the UK in deciding to prorogue Parliament.
b) The conduct of government by a Prime Minister and Cabinet collectively responsible and accountable to Parliament lies at the heart of Westminster democracy. This convention is of great importance but not legally enforceable.
c) By convention, the Monarch is entitled to prorogue Parliament as advise by the Prime Minister, where public interest requires the same.
d) The prorogation of Parliament was unlawful because it breached the Sewel Convention and the Salisbury-Addison Convention.
The correct response is:
b) The conduct of government by a Prime Minister and Cabinet collectively responsible and accountable to Parliament lies at the heart of Westminster democracy. This convention is of great importance but not legally enforceable.
Would you like more information on the Miller II case or any other legal topic?
b) The conduct of government by a Prime Minister and Cabinet collectively responsible and accountable to Parliament lies at the heart of Westminster democracy. This convention is of great importance but not legally enforceable.
Would you like more information on the Miller II case or any other legal topic?
summarise the * postulates of the Diceyan view of the rule of law?
Select the correct response:
A. Lack of arbitrariness and retrospectivity
B. Protection of rights under common law
C. Prohibition of discrimination
D. Equality before the law
The three postulates of the Diceyan view of the rule of law are:
- Lack of arbitrariness and retrospectivity
- Equality before the law
- Protection of rights under common law
Would you like more detailed information on any of these postulates?
- Lack of arbitrariness and retrospectivity
- Equality before the law
- Protection of rights under common law
Would you like more detailed information on any of these postulates?
summarise the * postulates of the Diceyan view of the rule of law?
Select the correct response:
A. Lack of arbitrariness and retrospectivity
B. Protection of rights under common law
C. Prohibition of discrimination
D. Equality before the law
The correct response summarising the three postulates of the Diceyan view of the rule of law is:
- A. Lack of arbitrariness and retrospectivity
- B. Protection of rights under common law
- D. Equality before the law
Would you like more detailed information on any of these postulates?
- A. Lack of arbitrariness and retrospectivity
- B. Protection of rights under common law
- D. Equality before the law
Would you like more detailed information on any of these postulates?
The modern statutory footing of the doctrine of rule of law effectively indicates that it has been given legal recognition and placed under the guardianship of the Lord Chancellor.
Besides the rule of law, which other concept has also been expressly provided as falling under the responsibility of the Lord Chancellor?
Select the correct response:
a) Statutory interpretation
b) Judicial independence
c) Cabinet responsibility
d) Royal prerogatives
The correct response is:
b) Judicial independence
Would you like more information on this topic or any other legal matter?
b) Judicial independence
Would you like more information on this topic or any other legal matter?
he legal immunity of the monarch from criminal prosecution does not bode well with the principle of equality which is part and parcel of the rule of law as expressed in which of the following headings?
I. Dicey’s first postulate
II. Dicey’s second postulate
III. Bingham’s third sub-rule
IV. Bingham’s fourth sub-rule
Select the correct response:
A. I and II
B. I and IV
C. II and III
D. III and IV
The correct response is:
D. III and IV
Bingham’s third and fourth sub-rules address the principle of equality before the law, which is relevant to the legal immunity of the monarch.
Do you have any other legal questions or need further assistance?
D. III and IV
Bingham’s third and fourth sub-rules address the principle of equality before the law, which is relevant to the legal immunity of the monarch.
Do you have any other legal questions or need further assistance?
he legal immunity of the monarch from criminal prosecution does not bode well with the principle of equality which is part and parcel of the rule of law as expressed in which of the following headings?
I. Dicey’s first postulate
II. Dicey’s second postulate
III. Bingham’s third sub-rule
IV. Bingham’s fourth sub-rule
Select the correct response:
A. I and II
B. I and IV
C. II and III
D. III and IV
Hi there! The correct response to your question is:
D. III and IV
Bingham’s third and fourth sub-rules address the principle of equality before the law, which is relevant to the legal immunity of the monarch. Is there anything else you need help with?
D. III and IV
Bingham’s third and fourth sub-rules address the principle of equality before the law, which is relevant to the legal immunity of the monarch. Is there anything else you need help with?
Hilaire Barnett submitted that in contrast to other authors who wrote long before his time, AV Dicey’s view of the rule of law is X in nature owing to absence of Y or Z elements in it.
What are X, Y and Z, respectively?
Select the correct response:
A. Mosaic, political and social
B. Prosaic, political and thelogical
C. Flat, technological and economical
D. Dry, technological and ecclesiastical
The correct response is:
D. Dry, technological and ecclesiastical
If you have any other questions or need further assistance, feel free to ask!
D. Dry, technological and ecclesiastical
If you have any other questions or need further assistance, feel free to ask!
Hilaire Barnett submitted that in contrast to other authors who wrote long before his time, AV Dicey’s view of the rule of law is X in nature owing to absence of Y or Z elements in it.
What are X, Y and Z, respectively?
Select the correct response:
A. Mosaic, political and social
B. Prosaic, political and thelogical
C. Flat, technological and economical
D. Dry, technological and ecclesiastical
Hi! The correct response is:
D. Dry, technological and ecclesiastical
Would you like any further assistance on this topic or any other legal matter?
D. Dry, technological and ecclesiastical
Would you like any further assistance on this topic or any other legal matter?
Which of the following are arguments against codification of constitutional conventions?
I. Constitutional conventions provide room for development and enhancement in constitutional practices.
II. Constitutional conventions provide flexibility, ease and convenience in government.
III. Constitutional conventions are uncertain as to their existence and application.
IV. Constitutional conventions are not legally enforceable.
Select the correct response:
a) I, II and IV
b) I, II and III
c) I and II
d) I and III
The correct response is:
b) I, II and III
Arguments against codification include that conventions provide room for development, flexibility in government, and are uncertain in existence and application.
Would you like more information on constitutional conventions or any other legal topic?
b) I, II and III
Arguments against codification include that conventions provide room for development, flexibility in government, and are uncertain in existence and application.
Would you like more information on constitutional conventions or any other legal topic?
Hilaire Barnett submitted that in contrast to other authors who wrote long before his time, AV Dicey’s view of the rule of law is X in nature owing to absence of Y or Z elements in it. What are X, Y and Z, respectively? Select the correct response: A. Mosaic, political and social B. Prosaic, political and thelogical C. Flat, technological and economical D. Dry, technological and ecclesiastical
The correct response is:
D. Dry, technological and ecclesiastical
Would you like more information on this topic or any other legal matter?
D. Dry, technological and ecclesiastical
Would you like more information on this topic or any other legal matter?