Ministerial Code And Judicial Review

Summary

The Ministerial Code is a non-legal guidance document issued by the Prime Minister. The Thoburn case suggests constitutional statutes are not subject to implied repeal. MPs sit in the House of Commons, not the House of Lords. Some public body decisions are not subject to judicial review. Ouster clauses limit judicial review. Judicial review claims must be prompt and do not substitute court views for decision-makers. The rule of law is the ultimate constitutional factor. The Datafin case treated the City Panel as a public body for judicial review. Public enquiries are not a UK constitution source. Courts determine prerogative power existence. Legality challenges council road closure decisions. The King does not appoint the Leader of the Opposition. Courts issue declarations of incompatibility under the Human Rights Act. The House of Lords includes life and hereditary peers. Backbench MPs are not executive members. Immorality is not a judicial review ground. The judiciary cannot quash Acts of Parliament. The Parliament Act 1911 replaced the House of

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W****ch statement about the ministerial code is most accurate? Question 1Answer a. The Ministerial Code is an Act of Parliament that requires ministers to resign for breaches of et****cs. b. The Ministerial Code is a non-legal guidance document issued and updated by the Prime Minister. c. The Ministerial Code was abolished by Boris Johnson. d. The Ministerial Code replaced the convention of individual ministerial responsibility.
The most accurate statement about the Ministerial Code is:
b. The Ministerial Code is a non-legal guidance document issued and updated by the Prime Minister.
W****ch of the following statements about implied repeal is most accurate? Question 2Answer a. 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. b. The Thoburn case suggests that constitutional statutes are not subject to implied repeal. c. Constitutional statutes are entrenched, meaning they cannot be amended or repealed without a referendum. d. Constitutional statutes cannot be expressly repealed
The most accurate statement about implied repeal is:
b. The Thoburn case suggests that constitutional statutes are not subject to implied repeal.
W****ch of the following is true? Question 3Answer a. An MP does not sit in the House of Commons b. An MP cannot also be a government minister c. An MP serves their constituents on a voluntary basis d. An MP does not sit in the House of Lords
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The correct answer to your question is:
d. An MP does not sit in the House of Lords
Members of Parliament (MPs) sit in the House of Commons, not the House of Lords.
W****ch of the following statements about judicial review is most accurate? Question 4Answer a. Every decision of every public body is subject to judicial review. b. A private body will only be subject to judicial review if it has standing. c. A public body must have standing in order to be subject to judicial review. d. Some decisions made by public bodies are not subject to judicial review.
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The most accurate statement about judicial review is:
d. Some decisions made by public bodies are not subject to judicial review.
Some decisions, particularly those involving national security or ****gh-level policy decisions, may not be subject to judicial review.
W****ch of the following statements is most accurate? Question 5Answer a. Ouster clauses can be struck down by the courts under section * of the Human Rights Act *. b. Ouster clauses seek to prevent judicial review of some decisions, or to limit the time wit****n w****ch a judicial review application may be made. c. The courts never enforce ouster clauses. d. Ouster clauses w****ch limit the time available to make a judicial review application are never enforced by the courts.
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The most accurate statement is:
b. Ouster clauses seek to prevent judicial review of some decisions, or to limit the time wit****n w****ch a judicial review application may be made.
W****ch of the following is not true of a claim for judicial review? Question 6Select one: a. A claim must normally be brought wit****n 3 months b. The court will substitute its own view of the merits for that of the decision-maker. c. It applies only to decisions of public bodies or public authorities. d. A claim must be brought promptly
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The statement that is not true for a claim for judicial review is:
b. The court will substitute its own view of the merits for that of the decision-maker.
In judicial review, the court does not substitute its own view for that of the decision-maker but instead reviews the legality of the decision-making process.
W****ch of the following is not true of a claim for judicial review? Question 6Select one: a. A claim must normally be brought wit****n 3 months b. The court will substitute its own view of the merits for that of the decision-maker. c. It applies only to decisions of public bodies or public authorities. d. A claim must be brought promptly
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The statement that is not true for a claim for judicial review is:
b. The court will substitute its own view of the merits for that of the decision-maker.
In judicial review, the court reviews the legality of the decision-making process, not the merits of the decision itself.
What did Lord Hope describe as the “ultimate controlling factor on w****ch our constitution is based” in the Jackson case? Question 8Select one: a. Parliamentary sovereignty b. The House of Lords c. The rule of law d. Members of Parliament
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Lord Hope described the "rule of law" as the “ultimate controlling factor on w****ch our constitution is based” in the Jackson case.
The correct answer is:
c. The rule of law
W****ch one of the following statements is true of the Datafin case? Question 9Select one: a. It was established that the City Panel on Takeovers and Mergers should be treated as a public body because it had been set up by statute b. It was established that the City Panel on Takeovers and Mergers should be treated as a public body for judicial review purposes because it had been set up by the government c. It was established that the City Panel on Takeovers and Mergers should be treated as a public body for judicial review purposes because in its absence the goverment would have had to act to regulate practices in the City d. It was established that the City Panel on Takeovers and Mergers should be treated as a public body for judicial review purposes because it was run by a government minister
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The correct answer to your question about the Datafin case is:
c. It was established that the City Panel on Takeovers and Mergers should be treated as a public body for judicial review purposes because in its absence the government would have had to act to regulate practices in the City.
W****ch of the following is not a source of the UK constitution? Question 10Answer a. Constitutional conventions b. Public enquiries c. Common law d. Legislation
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The answer to your question is:
b. Public enquiries
Public enquiries are not considered a source of the UK constitution. The primary sources include constitutional conventions, common law, and legislation.
W****ch of the following statements is correct? Question 11Answer a. Prerogative powers are not justiciable. b. The courts can determine whether a prerogative power exists. c. The Government can always grant itself new prerogative powers in times of national emergency. d. The exercise of a prerogative power requires the approval of Parliament.
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The correct statement is:
b. The courts can determine whether a prerogative power exists.
W****ch 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 12Answer a. Procedural fairness. b. Section * of the Human Rights Act *. c. Legality. d. Natural justice.
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Given the scenario, the most appropriate ground of judicial review to challenge the Council's decision would be:
c. Legality.
The Council's use of a statutory power to clean roads to justify closing them could be challenged on the basis that it is acting beyond its legal powers (ultra vires).
Do you have any more questions or need further clarification?
W****ch of the following is not a prerogative of the King? Question 13Answer a. The King appoints the Leader of the Opposition. b. The King can consult, warn and advise ministers. c. The King appoints the Prime Minister. d. The King has rights of owners****p of sturgeon, swans and whales.
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The King's prerogatives do not include appointing the Leader of the Opposition.
The correct answer is:
a. The King appoints the Leader of the Opposition.
W****ch of the following statements about the Human Rights Act is most accurate? Question 14Answer 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.
W****ch of the following statements is true of the House of Lords? Question 15Select one: a. Its members no longer include hereditary peers b. Following Lord Bingham's suggestion it is to be re-named as the Council of the Realm and will be entirely made up of elected peers c. It is made up of hereditary peers and Lords who are chosen by the public in General Elections d. Its members are a combination of life peers and hereditary peers
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The correct answer to your question is:
d. Its members are a combination of life peers and hereditary peers.
W****ch of the following is not a member of the executive? Question 16Answer a. A back bench MP b. The Secretary of State for Home Affairs c. The Prime Minister d. The Chancellor of the Exchequer
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The correct answer to your question is:
a. A back bench MP
A back bench MP is not a member of the executive, whereas the Secretary of State for Home Affairs, the Prime Minister, and the Chancellor of the Exchequer are all members of the executive.
W****ch of the following is not a ground of judicial review? Question 17Answer a. Natural justice. b. Immorality. c. Unreasonableness. d. Illegality.
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The correct answer to your question is:
b. Immorality.
Immorality is not a ground for judicial review. The grounds for judicial review typically include natural justice, unreasonableness, and illegality.
W****ch of these statements about the UK constitution is not true? Question 18Select one: a. The executive makes policy, gives effect to and enforces the law. b. The legislature makes, unmakes and amends the law. c. The judiciary can quash Acts of Parliament. d. The judiciary apply and interpret the law, resolve disputes, and sentence criminal offenders.
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The statement that is not true about the UK constitution is:
c. The judiciary can quash Acts of Parliament.
In the UK, the judiciary cannot quash Acts of Parliament due to the principle of parliamentary sovereignty.
W****ch of the following statements about the Parliament Acts * and * is true? Question 19Select one: a. The Parliament Act * replaced the veto power of the House of Lords with a delaying power. b. The Parliament Act * abolished parliamentary sovereignty. c. The Parliament Act * abolished the House of Lords. d. The Parliament Act * abolished the House of Lords.
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The correct statement about the Parliament Acts * and * is:
a. The Parliament Act * replaced the veto power of the House of Lords with a delaying power.
What role do Ministers have in Parliament? Question 20Select one: a. None. Ministers cannot also be members of Parliament. b. Ministers must be members of the House of Commons. c. Ministers must be members of either the House of Commons or the House of Lords. d. Ministers must be members of the House of Lords.
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Ministers in the UK Parliament must be members of either the House of Commons or the House of Lords. Thus, the correct answer is:
c. Ministers must be members of either the House of Commons or the House of Lords.