CL Flashcards

Question

What are The Cardinal Convention ?

Answer 1

The Cardinal Convention - Monarch must act on the advice of ministers - But Monarch has right to be consulted, to encourage, and to warn - Occurs through weekly meetings between Monarch and Prime Minister

Answer 2

Consequences of Hung Parliament - Prime Minister remains until confidence in the Commons is lost - Monarch not involved - Parties negotiate who forms the next government - With agreement, the Prime Minister resigns if necessary - Monarch appoints person with the confidence of the Commons

Answer 3

C. only by express terms or by implication Statutes do not bind the Crown unless they expressly say so or by necessary implication.

Answer 4

B. must accept the advice of her minsters The Monarch has the right to “be consulted, the right to encourage, and the right to warn” the government, but, ultimately, under the Cardinal Convention, she must always accept the advice of her ministers.

Answer 5

A. By convention, the Monarch should choose an MP who can command the confidence of the House of Commons The Monarch exercises her royal prerogative by appointing the Prime Minister, but this is regulated by the constitutional convention that the Monarch should appoint an MP who can command the confidence of the House of Commons.

Answer 6

D. The Prime Minister will remain in office until it is clear that they have lost the confidence of the House of Commons If, after an election, no party has an overall majority of the seats in the House of Commons (that is, a Hung Parliament), the Prime Minister remains in office until it is clear that they have lost the confidence of the House of Commons. Since the Prime Minister remains in office, (A) and (B) are incorrect. (C) is incorrect because it does not matter whether the Prime Minister has the confidence of the House of Lords.

Answer 7

Powers of the Prime Minister - Organisation of government and civil service - Constitutional role - Security and Intelligence - Deploying armed forces - International relations

Answer 8

Yes. Under the Carltona Doctrine, the powers granted to a Secretary of State by an Act of Parliament can be exercised by civil servants within the Secretary’s department.

Answer 9

Keys of Collective Responsibility - Confidentiality: Discussion with the government on policy is confidential - Unanimity: All ministers must support government policy in Parliament and in public

Answer 10

C. Unanimity; resign Ministers must support government policy before Parliament and the public under the concept of unanimity, one of the elements of collective responsibility. If a minister feels they cannot meet this obligation, they must resign. Thus, (B) is incorrect. (A) and (D) are incorrect because ministers are obligated under collective responsibility, not individual responsibility, to support government policy before Parliament and the public. (A) is also incorrect because the minister must resign in this situation, not give an account.

Answer 11

Policy failure = Take responsibility Operational failure = Give an account

Answer 12

B. take responsibility; give an account A view has emerged that when there is a policy failure within a minister’s department, the minister must take responsibility, but when there is an operational failure, the minister must give an account (as well as take steps to ensure that the failure does not occur again).

Answer 13

False Ministers may only be questioned on matters relating to their department. Further, certain categories of questions are not allowed.

Answer 14

True MPs from all political parties may ask questions during PMQs, although remember that the Leader of the Opposition is entitled to six questions.

Answer 15

C. inform Parliament and resign A minister that knowingly misleads Parliament would be expected to inform Parliament of the matter and resign (not merely inform Parliament of the misleading information and give an account). Further, ministers are expected to give an account only for operational failures.

Answer 16

NO Written questions can be submitted to ministers at any time, and the relevant department is expected to provide a response within seven days.

Answer 17

n. 1) the transfer of title to real property by the automatic operation of law. 2) n. the transfer of rights, powers or an office (public or private) from one person or government to another.

Answer 18

THE SEWEL CONVENTION * Devolved legislature needs to consent *Consent given via legislative consent motion If consent refused, *UK Parliament may still legislate because of... parliamentary sovereignty

Answer 19

* C. The Sewel Convention The Sewel Convention is a limit on the lawmaking power of the UK Parliament (not the devolved legislatures), in that the UK Parliament normally will not legislate on a devolved matter without the devolved legislature’s consent. On the other hand, the devolved legislatures cannot legislate contrary to the European Convention on Human Rights. Moreover, they cannot legislate beyond their legislative competence. Thus, (A) and (B) are incorrect.

Answer 20

False Judicial review concerns whether the public authority’s decision was lawful—for example, whether proper procedures were followed—not whether it was correct.

Answer 21

False A claim for judicial review must be brought promptly, but no later than three months after the issue arose. Even if the application is brought within the three-month time limitation, a court could still refuse to hear the claim if it was not brought promptly.

Answer 22

PROCEDURAL EXCLUSIVITY RULE * Judicial review available only for public law issues; and * Judicial review must be used for public law issues * Exception: If case involves public law and private law issues, can be resolved in private law

Answer 23

TO HAVE STANDING FOR JUDICIAL REVIEW, CLAIMANT NEEDS * A sufficient interest * Normally at the permission stage Or else the court will reject the claim

Answer 24

TESTS FOR STANDING Judicial review = Sufficient interest test Human rights cases = Victim test

Answer 25

* B. Yes, because of parliamentary sovereignty. Under the Sewel Convention, if the UK Parliament wishes to legislate on a matter devolved to Scotland, Wales, or Northern Ireland, it needs to seek the devolved legislature’s consent. However, even if the devolved legislature refuses consent, Parliament can still legally pass the legislation under the principle of parliamentary sovereignty. (A) is incorrect because the UK Parliament can legislate on a devolved matter, and (C) is incorrect because the UK Parliament may do so even without the devolved legislature’s consent.

Answer 26

less restrictive than The standing test employed for judicial review claims, the ‘sufficient interest’ test, is less restrictive than the ‘victim’ test used for human rights cases.

Answer 27

True Under the procedural exclusivity rule, judicial review is only available for public law issues, and it must be used to resolve such issues. But as an exception, a case involving both public and private law issues can be resolved through the procedures available in private law.

Answer 28

not reviewable The courts will entertain judicial review claims only if they involve a live controversy rather than a hypothetical dispute. Here, the restaurant owner is asking the court to resolve a hypothetical issue, that is, whether it would be legal for the local authority to revoke the licence. Because this has yet to occur, the court will likely refuse to review the claim.

Answer 29

not reviewable Judicial review cannot be used to resolve factual disputes. Because the owner here is contesting the local authority’s factual finding, the claim is likely not reviewable under the judicial review procedure.

Answer 30

PUBLIC SECTOR EQUALITY DUTY * Public authorities must show 'due regard' for equality issues * Equality issues include: - Eliminating discrimination - Equalising opportunity and promoting good relations - Reducing disadvantages '*Due regard'= considered eliminating discrimination in making decision

Answer 31

A. Ultra vires This is a case of a public authority acting ultra vires (that is, outside of its powers). The local council had the authority to re-develop the demolished area using only public funds. Here, it has used private funds to do so. (B) and (C) are incorrect because there is no indication that the local council made any irrelevant considerations or delegated any power, respectively.

Answer 32

C. Unlawful delegation of power This case is an example of an unlawful delegation of power. The Act of Parliament specified who can sit on the commission and issue the café licences (that is, publicly elected officials), and the local authority exceeded that authority by delegating this decision-making power to non-elected, private citizens.

Answer 33

RIGHT TO BE HEARD * Involves the right to argue one's case * For removal of rights, a hearing can be required * Less is required if something to be gained

Answer 34

No The common law right to be heard guarantees certain procedural protections, depending on the situation. In an application case, such as, here, applying for a licence for the first time, the right to be heard does not guarantee a hearing.

Answer 35

APPARENT BIAS PRESENT IF * A fair-minded and informed observer * with knowledge of the facts * Would conclude there was a real possibility of bias

Answer 36

DUTY TO CONSULT * Promised * Established practice * Failure to consult would be conspicuously unfair

Answer 37

UNREASONABLENESS/ IRRATIONALITY * A decision is so outrageous in - Logic or - Accepted moral standards * That no sensible person could have reached it

Answer 38

REMEDIES Quashing Order: Voids original decision Mandatory Order: Requires authority to act in certain way - Prohibiting Order: Orders authority not to do something - Injunction: Prevents authority from acting in certain way Declaration: Declares the legal position

Answer 39

O c. Irrelevant consideration This is an example of an irrelevant consideration. The local authority had the power to maintain the roads to ensure motorist safety. But when it chose the materials to re-construct the roads, it considered only its cost, not whether it would promote safety. That is, it took into consideration an irrelevant consideration (cost) while ignoring a relevant consideration (safety). (A) is incorrect because procedural impropriety is not a component of illegality, but rather a completely separate ground for judicial review. (B) is incorrect because the local authority has not delegated any power.

Answer 40

False Even if a claimant prevails on a judicial review claim, the court has discretion over whether to award a remedy. In particular, the court may refuse a remedy if it determines that a remedy would not make a difference or that it would cause difficulties to a third party.

Answer 41

False If a claimant prevails on their judicial review claim, the court can order the public authority to retake its decision, and to do so lawfully. However, this remedy does not guarantee that the public authority will reach a different conclusion.

Answer 42

No Under the automatic disqualification rule, government officials are automatically disqualified from making decisions if the official has a financial interest in the decision. In this case, the committee member has no apparent financial interest in the decision. The committee member’s only connection to the construction company is that the committee member’s neighbor works for the company.

Answer 43

O Substantive This would be an example of a substantive legitimate expectation. Whereas a procedural legitimate expectation concerns how a decision is made, a substantive legitimate expectation concerns entitlement to a particular right (like, here, entitlement to the pension).

Answer 44

B. Limited right A Convention right which can be limited only under the circumstances stated in the ECHR article is a(n): Answer absolute right was Incorrect. Feedback provided: If the article specifies the circumstances under which the right can be limited, it is a limited right. In contrast, an absolute right can never be limited, while a qualified right can be limited by the state to pursue legitimate interests stated in the article. Answer limited right was Correct.

Answer 45

PROPORTIONALITY TEST * Restriction must be necessary to achieve the objective. Ask: - Is limitation justified by object of policy and legitimate aim? - Is restriction rationally connected to and designed to meet objective? - Is interference no more than necessary?

Answer 46

A. Under certain circumstances, the court will give discretion to the government when limiting rights under the ECHR. When the government limits qualified rights, the court will give discretion to the government if the member states of the ECHR vary in their approach on the issue. But if the members take a common approach on the issue, the court will not give discretion to the government and instead will apply the proportionality test.

Answer 47

MARGIN OF APPRECIATION * State is given leeway when restricting qualified rights - If country approaches vary, states have some leeway re interference - If there's a common approach, full proportionality test is used

Answer 48

DECLARATION OF INCOMPATIBILITY * Issued if legislation - Does not comply with convention rights; and - Can't be interpreted to make it comply Doesn't invalidate legislation * Instead signals Parliament and Government to address the issue

Answer 49

B. Does not affect the status of the law but signals Parliament that they should reconsider. Due to the principle of parliamentary sovereignty, a declaration of incompatibility will not invalidate or suspend the legislation. Rather, the declaration serves as a signal to Parliament to address the issue.

Answer 50

No To bring a claim under Section 6 of the HRA, the claimant must satisfy the ‘victim’ test—the claimant must have been ‘directly affected’ by the act in question. Since the union was not ‘directly affected’ by the firing, its claim cannot proceed.

Answer 51

No Like judicial review claims, the court has discretion over awarding a remedy for a Section 6 claim. The court may grant relief that is within its powers and that it considers just and appropriate.

Answer 52

A. By giving discretion to the government on the interference. If the state interferes with a qualified right and there is a varied approach among the member states concerning how the states may limit that right, the court will afford discretion to the state over the extent to which the right can be restricted. (B) and (C) are incorrect because the court is more likely to apply the proportionality test (meaning it will afford no discretion to the government) if the member states have taken a common approach on the issue.

Answer 53

True A claim under Article 14 must be connected to another Convention right, unlike the Equality Act 2010.

Answer 54

The House of Commons The House of Commons and the House of Lords are expressly excluded from Section 6’s definition of a ‘public authority’.

Answer 55

True The member states can ‘derogate’ from some, but not all, of the ECHR articles, and only in certain cases. They may do so only in the event of war or a public emergency threatening the life of the nation, and only to the extent strictly required by the situation.

Answer 56

False Unlike the sufficient interest test, which is used for judicial review, the ‘victim’ test used in human rights cases does not permit representative standing.

Answer 57

A. the interference with the right is no more than necessary to achieve the aim of the restriction A restriction on a qualified right must satisfy the three-prong proportionality test, which includes the prong stated in (A). (B) is incorrect because it refers to the analogous unreasonableness test, which is used for judicial review claims. (C) is incorrect because the courts don’t consider that issue under the proportionality test.

Answer 58

BREACH OF THE PEACE When someone becomes genuinely fearful of harm to self or property due to disturbance, assault, etc.; or If harm was done or is likely to be done

Answer 59

NOTICE REQUIRED IF PROCESSION INTENDS TO * Show support for or against views or actions * Publicise a cause or campaign or * Mark or commemorate event

Answer 60

NOTICE REQUIREMENTS FOR PROCESSIONS * Give six clear days before procession, if possible * If not possible, give notice as soon as practicable * Provide to police station in area of procession * Provide date, time, route, and name/address of an organiser

Answer 61

The notice must state the estimated duration of the procession. For a public procession, the notice must state the time and route of the procession (along with the date and the name and address of one of the organisers), and it must be delivered to the police at least six clear days before the procession. However, the notice need not provide the procession’s estimated duration.

Answer 62

CONDITIONS ON PUBLIC ASSEMBLIES * Allowed if officer believes: - There may be serious disorder or damage or - Assembly was designed to intimidate * Conditions must be - Proportionate and - Necessary

Answer 63

No The police may impose conditions on a public assembly (which would include this gathering) only if the police reasonably believe that the assembly will cause serious public disorder, serious damage to property or to the life of the community, or is designed to intimidate. Since the people here are standing quietly in the town square, the police could not have any such reasonable belief.

Answer 64

TRESPASSORY ASSEMBLIES * Involve 20 or more persons * On land normally not open to public * Held without permission of occupier or exceeds permission or right of public access and * May damage or disrupt community or significantly damage important land or important buildings

Answer 65

No, because no breach of the peace was imminent. A breach of the peace occurs, in part, when harm has been done or is likely to be done to a person or property in their presence. The police can take reasonable steps (including arrest) to stop a breach of the peace that is likely to occur, but only if it is ‘imminent’ (meaning about to happen). The property damage that the protesters plan on inflicting does not appear to be ‘imminent’, as they were arrested while still traveling to the protest. Thus, the arrest was likely unlawful. (A) is incorrect because, as mentioned, the breach does not appear to be imminent. (B) is incorrect because the police may arrest a person to stop a breach from occurring, but that breach needs to be imminent.

Answer 66

O They reasonably believe that it will involve a demonstration against the government. The police cannot impose conditions on a public procession merely because it involves a demonstration against the government.

Answer 67

No While the group certainly exceeded its right of access on the site and could cause damage to a place of historical significance, the group is only 15 people strong. Trespassory assemblies consist of 20 or more people.

Answer 68

No To qualify as a trespassory assembly, the assembly must be one that may result in damage or disruption to the life of the community or cause significant damage to the land. Since the group is only walking through a wooded area, there is no indication that they will cause any such damage or disruption.

Answer 69

False If the trespassory assembly is to take place in the City of London or Greater London, the application needs to be made to the Home Secretary, but if it is to take place anywhere else, the application needs to be made to the local council.

Answer 70

SOURCES OF EU LAW * Treaties: provide EU objectives and powers of institutions * Regulations: automatically bind and directly apply to memberstates * Directives: implemented through necessary legislation by member states

Answer 71

DIRECT EFFECT * Some EU law can be directly relied on by EU citizens * For direct effect, provision must be - Clear - Precise

Answer 72

EFFECTS OF THE EUROPEAN COMMUNITIES AcT 1972 Made EU law a source of UK law * Allowed government to implement directives via secondary legislation - Also done via Acts of Parliament * Required all legislation to be interpreted according to EU law

Answer 73

THE WITHDRAWAL AGREEMENT * Transition period-UK remained bound by EU law * Dealt with issues due to exit * Is supreme and has direct effect

Answer 74

EUROPEAN UNION (WITHDRAWAL) Аст 2018 & EUROPEAN UNION (WITHDRAWAL AGREEMENT) ACT 2020 * Repealed the 1972 Act * Preserved EU law brought in under 1972 Act as retained EU law * Retained EU law includes - EU-derived domestic legislation (that is, laws implementing directives) - Direct EU legislation (that is regulations) - Directly effective EU Law

Answer 75

A. A snapshot of EU law that became part of UK law through the European Communities Act 1972. Retained EU law includes the EU law that was made part of UK law under the ECA 1972 before the end of the transition period. (B) is incorrect because retained EU law is the law that has been retained by the UK, not the EU. (C) is incorrect because retained EU law includes only the EU law passed before the end of the transition period.

Answer 76

B. Retained EU law. Because the supremacy of retained EU law is preserved over UK law enacted before the end of the transition period, the retained EU law will prevail in this case.

Answer 77

A. An Act of Parliament passed after the transition period. Because an Act of Parliament enacted after the end of the transition period is not subject to the supremacy of retained EU law, such Acts will prevail over conflicting retained EU law.

Answer 78

RETAINED CASE LAW * Cases decided before end of transition period regarding EU law * Retained EU case law Issued by European Court of Justice - Bind all domestic courts (other than Supreme Court) * Retained domestic case treated like ordinary case law

Answer 79

B. Retained domestic case law is treated like ordinary case law. Unlike retained EU case law, retained domestic case law is treated like ordinary case law, meaning that the normal rules of precedent apply. (A) is incorrect because retained domestic case law (along with retained EU case law) include only cases decided before the end of the transition period, while (C) is incorrect because this body of case law concerns issues of retained EU law.

Answer 80

C. As a Henry VIll power. (C) This power is best described as a Henry VIll power. If an Act of Parliament grants to the government the power to amend Acts of Parliament by passing secondary legislation, that power is known as a Henry VIlI power. (A) is incorrect because the Henry VIll powers are not part of the royal prerogative. They arise from the authority granted by Acts of Parliament. (B) and (D) are incorrect because they are not the best answers. Although the Henry VIll powers are exercised by passing secondary legislation (which is also called 'delegated legislation' or just 'regulations"), the power here is more specifically described as a Henry VIll power. (E) is incorrect because it misnames the power here.

Answer 81

D. The House of Commons can pass the Bill for a second time in the next session of Parliament, and if the House of Lords rejects the Bill again, it can still be sent for Royal Assent. (D) If the House of Commons passes the Bill again in the next session of Parliament and the House of Lords again rejects it, it can still be sent for Royal Assent (assuming enough time has passed between the successive sessions in the Commons). This answer reflects the Parliament Acts 1911-1949, which allow a bill to become an Act of Parliament even if it has been rejected twice by the House of Lords. (A) is incorrect. The Salisbury Convention applies to bills implementing a policy that was included in the government party's manifesto at the last election. The facts indicate this bill was not in Labour's manifesto. (B) is incorrect because there is no requirement for a committee to be appointed in these circumstances. (C) is incorrect because this choice does not reflect the fact that the House of Lords needs to reject the legislation in two successive sessions of Parliament in order for the Parliament Acts 1911-1949 to apply. (E) is incorrect because under the Parliament Acts 1911-1949, the Bill can still become law despite the House of Lords rejecting it a second time.

Answer 82

D. The Privy Council approves some decisions made by the government, either under the royal prerogative or under powers granted to it by statute. (D) The best explanation is that the Privy Council approves some decisions made by the government, either under the royal prerogative or under powers granted to it by statute. Although once of great importance, the Privy Council now plays a purely formal role within government. Certain decisions and legislation under the royal prerogative or under powers granted by statute need to be approved by the Privy Council. Examples include passing Orders in Council or granting a Royal Charter to a new institution or body. (A), (B), and (E) are incorrect because they are too broad. The Privy Council approves only some decisions. (C) is incorrect because debating matters that cannot be resolved by the Cabinet is not the job of the Privy Council.

Answer 83

B. The government can ratify the treaty under the royal prerogative, but only after laying the treaty before the House of Commons and House of Lords. (B) Before it can ratify the treaty, the government must lay the treaty before the House of Commons and House of Lords. The power to ratify treaties is a royal prerogative power recognised by the common law. By passing an Act of Parliament, Parliament can either abolish or regulate how a royal prerogative power can be exercised, and Parliament has passed a statute requiring the government to lay a treaty before the House of Commons and the House of Lords, who then have 21 days to vote against the treat. (A) is incorrect because it does not take into account the statutory requirement of laving the treaty before each House. (C) is incorrect because the requirement to lay the treaty before both Houses comes by statute, not by the roval prerogative. (D) is incorrect because the statute requires laying the treaty before each House for 21 days. (E) is incorrect because there is no such requirement

Answer 84

C. That the UK lacks a single document called the constitution. (C) The UK constitution is said to be 'uncodified', meaning that it lacks a single document called the constitution. (A) is incorrect. An 'uncodified' constitution is one lacking a single source. In any event, parts of the UK constitution are in writing. (B) is incorrect. While it is true that the UK constitution is not entrenched (that is, it is not the supreme law of the state), this is not a consequence or description of 'uncodified'. (D) is incorrect because it is simply not relevant to defining the term 'uncodified'. (E) is incorrect. This choice also goes to entrenchment and so, as with (B), is not relevant here.

Answer 85

E. The decision to deploy is a royal prerogative power, but the consent of the House of Commons is usually sought in accordance with constitutional convention. (E) The decision to deploy here is a royal prerogative power, specifically a ministerial prerogative power, and the consent of the House of Commons is usually sought in accordance with constitutional convention. The power to deploy the armed forces abroad is a prerogative power exercised by the Prime Minister, who consults the Cabinet. However, once the government has decided to deploy the armed forces, by constitutional convention, they are required to seek the approval of the House of Commons. (A), (B), (C), and (D) are incorrect for the reasons stated above.

Answer 86

B. The Bill may be voted on by MPs representing any of the UK constituencies. (B) The Bill may be voted on by MPs representing any of the UK constituencies. Despite the fact that the Bill applies only to England, any MP in the UK Parliament can vote on the Bill. (A) is incorrect because there is no such requirement. (C) and (D) are incorrect. Neither the Parliament Acts 1911-1949 (which place limits on the powers of the House of Lords in enacting legislation) nor the Salisbury Convention (which applies when a government bill involves a commitment made by the government's party in their manifesto) applies under these facts. (E) is incorrect because there is no such procedure or practice in the House of Lords.

Answer 87

E. The Minister can discuss the matter with other ministers and explain why she disagrees, and if she disagrees with the final decision, she must defend it in public and before Parliament. (E) The most constitutionally appropriate option is that the Minister can discuss the matter with other ministers and explain why she disagrees with the proposed policy. However, even if she disagrees with the final decision, she must defend it in public and before Parliament. As a government minister, the Minister is bound by collective responsibility. This means that although ministers can debate government policy in private, once a decision has been made, they must defend that policy in public and before Parliament. If a minister finds themselves unable to agree with government policy, then they must resign from the government. (A), (B), (C), and (D) are incorrect because they show the Minister opposing the policy before the public or Parliament, which are not viable options under collective responsibility.

Answer 88

C. The Monarch must accept the advice of the Prime Minister regarding the policy. (C) The Monarch must accept the advice of the Prime Minister regarding the Policy. Under the cardinal convention, although the Monarch has the right to be consulted and to warn and encourage the Prime Minister, this must take place in private. Notwithstanding those rights, ultimately, the Monarch must accept the advice of the government, particularly from the Prime Minister. (A) and (B) are incorrect because the cardinal convention requires the Monarch to accept the government's decision, rather than voice opposition to it or attempt to override it. (D) and (E) are incorrect because the Monarch has no powers to either call a referendum on the policy or introduce legislation into Parliament making the policy illegal.

Answer 89

D. The 1989 Act has been impliedly repealed by the 2021 Act. (D) The 1989 Act has been impliedly repealed by the 2021 Act. Under the doctrine of parliamentary sovereignty, Parliament is not allowed to bind its successors. This means that should two Acts of Parliament dealing with the same subject matter conflict, the courts are bound to give effect to the later Act of Parliament, as that is the latest expression of Parliament's intention. This is known as the doctrine of implied repeal. Because the 1989 Act and the 2021 Act pertain to the use of diesel-powered cars and they conflict on that matter, the 2021 Act controls. (A) and (C) are incorrect because the 2021 Act prevails over the 1989 Act under the doctrine of implied repeal. (B) is incorrect because the repeal of an Act of Parliament need not be express. (E) is incorrect because there is no such procedure.

Answer 90

B. Yes, because discussions within Cabinet should be kept confidential between ministers. (B) The disclosure was not constitutionally permissible. Under the doctrine of collective responsibility, discussions within Cabinet are kept confidential, thus allowing ministers to freely debate government policy. Here, there has been a breach of collective responsibility because the discussions have been disclosed to a newspaper. (A) and (C) are incorrect because collective responsibility requires Cabinet discussions to be kept confidential. (D) is incorrect because the Prime Minister is bound by collective responsibility like all other ministers. A decision should be released to the public or to Parliament only when a decision has been made. (E) is incorrect because although, by constitutional convention, Parliament generally approves a decision to take military action abroad, this is only after the government has made the decision to take military action.QUESTION

Answer 91

C. The courts must give effect to the 2019 Act due to the Enrolled Bill Rule. (C) The courts must give effect to the 2019 Act due to the Enrolled Bill Rule. Under the Enrolled Bill Rule, all the courts can do when faced with a challenge to the validity of an Act of Parliament is to check the parliamentary roll to determine whether the bill in question has or has not been passed by Parliament. If the bill has been passed by Parliament and received the Royal Assent (as is the case here), then the courts must give effect to it. The courts cannot investigate the procedure by which the bill was enacted by Parliament. (A) is incorrect because the courts cannot set aside an Act of Parliament for any reason. (B) and (E) are incorrect because the courts have no power to send the bill back for reconsideration. (D) is incorrect. The Enrolled Bill Rule means that the courts cannot question the procedure by which an Act of Parliament has been passed.

Answer 92

E. Because she has not complied with the time limit for bringing judicial review proceedings. (E) The woman cannot bring judicial review proceedings because she has not complied with the time limit. Usually, an application for judicial review needs to be brought promptly, but no later than three months after the action being reviewed occurred. (A) is incorrect because there is an issue of public law here, in that a decision was made by a public body (the local council). (B) is incorrect because it is not the best answer. It is possible that a judicial review could have been brought on the basis of a failure to give reasons, but, as mentioned, the woman failed to bring judicial review proceedings within the time limit. (C) is incorrect because this statement is untrue. If there are grounds to challenge such a decision (such as procedural impropriety), a judicial review claim can be brought. (D) is incorrect. The woman would have standing because she is the person affected by the decision.

Answer 93

B. Because the owner's action raises a question of fact. (B) The best answer is that the owner's action raises a question of fact. The judicial review procedure cannot be used to resolve questions of fact. Such disputes need to be resolved by the trial courts. Here, the owner's dispute arises from a question of fact (that is, whether or not she allowed the guests in her restaurant to exceed the allowable capacity). Therefore, her judicial review action is not likely to succeed. (A) is incorrect because a local council is a 'public body' for judicial review purposes. (C) is incorrect. The owner raises a live dispute, as opposed to a hypothetical dispute, since the local council have already revoked her licence. (D) is incorrect. The owner has standing because she has a sufficient interest in the decision, as it goes to whether her restaurant can remain open. (E) is incorrect. A legitimate expectation arises when a public body indicates, either by an explicit promise or by prior conduct, that it will exercise its powers in a certain manner. There are no facts here to support this ground for judicial review.QUESTION

Answer 94

E. The Supreme Court decision forms part of retained domestic case law and is binding on the Court of Appeal. (E) The Supreme Court decision is part of retained domestic case law and, thus, binds the Court of Appeal. Because the Supreme Court decision pre-dates the end of the transition period (December 2020) and involves the interpretation of retained EU law by a domestic court, it forms part of retained domestic case law. For retained domestic case law, the ordinary rules of precedent apply-courts are bound by decisions from courts that are higher or equivalent to them. Thus, the Supreme Court decision is binding on the Court of Appeal. (A) and (C) are incorrect because they refer to retained EU case law, whereas the Supreme Court decision is part of retained domestic case law. (B) is incorrect because, as mentioned, the Supreme Court decision does bind the Court of Appeal. (D) is incorrect because the Supreme Court decision forms part of retained domestic case law.QUESTION

Answer 95

A. A public assembly. (A) A public assembly has taken place. A public assembly is defined as an assembly of two or more persons held in a public place which is wholly or partially in the open air. The assembly here involves more than two people, and the park is a public place open to the air. (B) is incorrect. This assembly is not a trespassory assembly, because it has taken place on land to which the public have a right of access. (C) is incorrect. A breach of the peace occurs when a person becomes genuinely fearful of harm to themselves or property in their presence as a result of a disturbance, or when harm has or is likely to be done to a person or property in their presence. There is no indication that those events have taken place here. (D) is incorrect because there is no legal concept of a trespassory procession. (E) is incorrect because a public procession is a march that takes place in public, and there is no such march in this case.

Answer 96

B. A right that can be limited only in the circumstances outlined in the ECHR article itself. (B) Limited rights under the ECHR are rights that can be restricted only under the circumstances described in the ECHR article itself. (A), (C), (D), and (E) are incorrect because they do not correctly describe limited rights. QUESTION

Answer 97

B. The court should consider whether it could interpret the Act in a manner that complies with the ECHR before going on to make a declaration of incompatibility. (B) The court should first consider whether it can interpret the Act in a manner that complies with the ECHR before going on to make a declaration of incompatibility. Under the Human Rights Act 1998 (which incorporates most of the ECHR), the UK courts must attempt to interpret legislation so that it complies with the Convention rights. If the court is unable to do so, it can make a declaration of incompatibility. (A) is incorrect because the courts cannot simply make a declaration of incompatibility without first attempting to construe the legislation. (C) and (D) are incorrect because there is no provision for a reference to be made in this way. (E) is incorrect because even if a declaration of incompatibility is made, the court must still apply the legislation to the case before it.QUESTION

Answer 98

A. The Secretary of State has breached a mandatory procedural requirement. (A) The best ground for seeking judicial review is that the Secretary of State has breached a mandatory procedural requirement. A mandatory procedural requirement is one that must be followed, and a public authority's failure to do so will invalidate the decision. The Act's use of the word "must" indicates that the Secretary of State's obligation to consult is a mandatory procedural requirement. (B) is incorrect. There is a common law duty to consult in certain situations (for example, when there has been a promise to consult or if there is an established practice to consult). However, those situations do not arise from these facts. (C) and (E) are incorrect because there is no evidence to support those grounds. (D) is incorrect because, for the reasons discussed above, the requirement here is best classified as mandatory rather than directory.

Answer 99

B. Irrationality. (B) The man's best ground for judicial review is irrationality. The test for irrationality is whether the decision is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who applied their mind to the question could have arrived at it. The condition allowing the store to be open only one hour per day would likely meet this test, as people shop for groceries throughout the day and the condition would make it near impossible for the man to run a successful business. (A) is incorrect because there is no evidence that the local authority has used their powers for an improper purpose. (C) is incorrect because the proportionality test applies only to cases involving human rights and EU law. (D) and (E) are incorrect because there is no evidence to suggest that the right to be heard has been breached, and the Public Sector Equality Duty does not apply in this situation.

Answer 100

C. No, because the campaign group is not the victim of the police conduct. (C) The campaign group does not have standing because the group is not the victim of the police's conduct. As indicated, the claim that the campaign group wishes to bring involves a breach of human rights as protected by the HRA. The test for standing for human rights matters is the 'victim' test. Because a 'victim' is defined as one who is directly affected by the conduct at issue, representative standing (that is, where a group brings a claim on behalf of others) is not allowed under the HRA. (A) is incorrect because it reaches the correct result, but for the wrong reason. Groups or associations may be able to establish standing to represent others for judicial review claims. However, as mentioned, for claims brought under the HRA, such standing is not permitted. (B) is incorrect because the sufficient interest test is the standard used for standing for judicial review claims. (D) and (E) are incorrect because, as discussed, the 'victim' test does not allow for representative standing.

Answer 101

C. The regulation is part of retained EU law, and the Act should be disapplied in favour of the regulation. (C) The regulation is part of retained EU law and the Act should be disapplied in favour of the regulation. Under the European Union (Withdrawal) Act 2018, at the end of the transition period, most EU law became part of UK law as a new category of law-retained EU law-which would include the regulation. As the Act was passed before the end of the transition period (that is, December 2020), the principle of supremacy continues to apply. This means that if there is conflict between retained EU law and legislation enacted before the end of the transition period, the retained EU law will prevail. Thus, the courts should disapply the Act in favour of the regulation. (A) is incorrect because the regulation is part of UK law, as retained EU law, and as mentioned, retained EU law prevails over legislation enacted before the end of the transition period. (B) and (D) are incorrect because those choices incorrectly suggest that this issue is a matter of choice. As discussed above, the Act must be disapplied in favour of the regulation. (E) is incorrect because declarations of incompatibility can be made only in relation to the Human Rights Act. QUESTION

Answer 102

C. The action is valid, because the retained EU law at issue is within the Scottish Parliament's legislative competence and it is not subject to any regulations prohibiting its amendment or repeal. (C) The devolved legislatures can amend or repeal retained EU law that falls within their legislative competence, unless this has been explicitly prohibited by the UK government. Here, the Scottish Parliament has repealed retained EU law concerning a subject within its legislative competence, agriculture, and it has not been prohibited from doing so by government regulations. Thus, the repeal is valid. (A) is incorrect because, as discussed, the Scottish Parliament can repeal provisions of retained EU law. (B) and (E) are incorrect because there is no need for the Scottish Parliament to seek permission from the UK government or UK Parliament to repeal retained EU law. (D) is incorrect because it is overbroad. The Scottish Parliament may repeal provisions of retained EU law, but, as mentioned, this is subject to restrictions placed by the UK government. QUESTION

Answer 103

D. Yes, because the UK Parliament retains the power to legislate for Scotland. (D) The UK can proceed with legislation because the UK Parliament retains the power to legislate for Scotland. Ultimately, parliamentary sovereignty means that the UK Parliament can make or unmake any law. This means that the power to legislate for Scotland remains unchanged by devolution, even if the Scottish Parliament refuses permission for the UK Parliament to legislate on a matter devolved to the Scottish Parliament. (A) is incorrect because no such procedure exists. (B) is incorrect because the UK Parliament would normally not legislate on a matter that has been devolved to the Scottish Parliament without its consent. However, this is a constitutional convention (the Sewel Convention) and does not reflect the true legal position. (C) is incorrect. The UK Parliament has the power to pass legislation without the devolved institution's consent due to parliamentary sovereignty, not because of a constitutional convention. (E) is incorrect because the courts cannot strike down an Act of Parliament.

Answer 104

E. The UK Parliament and the Welsh people at a referendum. (E) The consent of the UK Parliament and the Welsh people at a referendum would be needed. The Welsh Parliament and the Welsh government were both created by an Act of the UK Parliament. Ordinarily, the doctrine of parliamentary sovereignty means that Parliament can make or unmake any law whatsoever, meaning that the UK Parliament could, in theory, abolish the Welsh Parliament and the Welsh government without seeking the consent of any other institution. However, it has been stated that the Welsh Parliament and the Welsh government are 'permanent' parts of the UK's constitutional arrangements and can be abolished only if the people of Wales vote to abolish those institutions at a referendum. This means that the consent of the people of Wales and the UK Parliament is required to abolish the Welsh Parliament and the Welsh government. Therefore, (A), (B), (C), and (D) are incorrect.

Answer 105

Answer: The UK has an uncodified constitution, meaning it lacks a single authoritative source.

Answer 106

Answer: The UK Constitution identifies key state institutions (legislature, executive, judiciary), outlines their respective powers, and defines the relationship between these institutions and individual citizens.

Answer 107

Answer: The UK Constitution is made up of several sources, including Acts of Parliament and constitutional conventions.

Answer 108

Answer: The rule of law ensures fair and consistent application of laws and requires the government to act according to the law.

Answer 109

Answer: Parliamentary sovereignty implies that constitutional changes can be made through Acts of Parliament

Answer 110

Answer: No, UK courts do not have the power to strike down legislation but can interpret constitutional legislation.

Answer 111

Answer: The UK is a constitutional monarchy, where the monarch's powers, forming the royal prerogative, are mostly exercised by government ministers.

Answer 112

Answer: Constitutional conventions fill gaps in the Constitution, providing a gloss on the basic legal position and setting out expectations for constitutional operations.

Answer 113

Answer: The UK is a union state comprising England, Scotland, Wales, and Northern Ireland, and has devolved powers to Scotland, Wales, and Northern Ireland.

Answer 114

Answer: The UK has a parliamentary system where the executive (government) is led by a member of the legislature, typically the Prime Minister.

Answer 115

A: Parliamentary sovereignty is the central principle of the UK Constitution.

Answer 116

A: Yes, the UK Parliament can make or unmake any law whatsoever.

Answer 117

A: No, no person or body can override or set aside an Act of Parliament in the UK.

Answer 118

A: No, no Parliament can bind its successors in the UK.

Answer 119

A: EU law is supreme in the UK as per the European Communities Act 1972.

Answer 120

A: The three branches are the executive (government), the legislature (Parliament), and the judiciary (courts).

Answer 121

A: The Supreme Court is the highest court in the UK.

Answer 122

A: The rule of law requires the government to act according to the law and that laws should be clear, accessible, and applied consistently.

Answer 123

A: Yes, courts can issue declarations of incompatibility for legislation conflicting with human rights under the Human Rights Act 1998.

Answer 124

A: Judicial review is used to review the legality of government actions and ensure government compliance with the law.

Answer 125

A: MPs and Lords have freedom of speech within Parliament without the risk of being sued under parliamentary privilege.

Answer 126

A: Yes, UK Parliament can pass legislation that has retrospective effects.

Answer 127

A: The Monarch, the House of Commons, and the House of Lords.

Answer 128

A: There are 650 MPs in the House of Commons.

Answer 129

A: The House of Lords consists of hereditary peers, life peers, Lords Spiritual, and remaining Law Lords.

Answer 130

A: The Speaker maintains order during debates, often by shouting "order" to control proceedings.

Answer 131

A: The stages include the first reading, second reading, committee stage, report stage, third reading, and consideration of amendments.

Answer 132

A: The state opening of Parliament with the Queen's Speech marks the beginning of a session.

Answer 133

A: The Salisbury Convention ensures the Lords do not block legislation that's part of the government's election manifesto.

Answer 134

A: Henry VIII Powers allow government ministers to amend or repeal provisions in an Act of Parliament.

Answer 135

A: It ensures only English MPs vote on legislation affecting only England.

Answer 136

A: Parliamentary privilege means MPs and Lords cannot be sued for statements made in Parliament.

Answer 137

A: The Crown is a legal metaphor for the government, including the monarch, prime minister, ministers, and civil servants.

Answer 138

A: Its role is mostly ceremonial, with decisions made by government ministers.

Answer 139

A: Examples include appointing the prime minister, negotiating international treaties, and deploying armed forces.

Answer 140

A: No, new prerogative powers cannot be created.

Answer 141

A: The statute prevails over the prerogative.

Answer 142

A: Granting and revoking passports is a ministerial prerogative power.

Answer 143

A: Appointing the prime minister is a personal prerogative power of the monarch.

Answer 144

A: Owning all swans on certain stretches of the Thames is a miscellaneous prerogative power.

Answer 145

A: Through statutes, constitutional conventions, or judicial review.

Answer 146

A: The prime minister must be an MP who can command the confidence of the House of Commons.

Answer 147

A: The Prime Minister leads the central government.

Answer 148

A: It allows civil servants to exercise powers granted to a secretary of state.

Answer 149

A: The Cabinet is responsible for making collective decisions on government policy.

Answer 150

A: Through Prime Minister's Question Time, debates, and scrutiny by select committees.

Answer 151

A: It mainly passes orders in council and includes the Judicial Committee for appeals from Commonwealth nations.

Answer 152

A: Ministers are accountable to Parliament for their department's actions and must uphold high standards of propriety.

Answer 153

A: They investigate specific government issues or policies, question ministers, and provide recommendations.

Answer 154

A: They allow MPs to raise pressing issues requiring immediate ministerial response.

Answer 155

A: They provide opportunities for the opposition to choose debate topics, often to challenge or embarrass the government.

Answer 156

A: It hears appeals from Commonwealth nations and British overseas territories.

Answer 157

A: The Prime Minister.

Answer 158

A: It allows civil servants to exercise powers granted to a secretary of state.

Answer 159

A: The Cabinet makes collective decisions on government policy.

Answer 160

A: Through Prime Minister's Question Time, debates, and scrutiny by select committees.

Answer 161

A: It mainly passes orders in council and includes the Judicial Committee for appeals from Commonwealth nations.

Answer 162

A: Ministers must publicly support government policy and are accountable for their department's actions.

Answer 163

A: They investigate specific government issues or policies, question ministers, and provide recommendations.

Answer 164

A: It's the process of challenging the legality of decisions made by public authorities.

Answer 165

A: The claim must be against a public body, follow correct procedures, be timely, and the claimant must have a sufficient interest.

Answer 166

A: It allows decisions granted to a secretary of state to be exercised by civil servants.

Answer 167

A: The transfer of power from central government to regional governments in Scotland, Wales, and Northern Ireland.

Answer 168

A: It's a principle stating that the UK Parliament should not legislate on devolved matters without the consent of the devolved legislature.

Answer 169

A: Through a referendum in Scotland under an act of the UK Parliament.

Answer 170

A: It reviews legislation from devolved institutions to ensure it doesn't exceed their lawmaking powers.

Answer 171

A: Reviewing the legality of decisions made by public authorities, not the merits of the decisions.

Answer 172

A: The claim must be against a public body, follow the correct procedure, be timely, and the claimant must have sufficient interest.

Answer 173

A: Judicial review is only for public law claims and cannot resolve factual disputes.

Answer 174

A: The claimant must have a sufficient interest in the case to bring a claim.

Answer 175

A: As a last resort, when alternative tribunals or dispute resolution methods are not suitable.

Answer 176

A: Illegality, procedural impropriety, legitimate expectations, and unreasonableness.

Answer 177

A: Illegality occurs when a public authority goes beyond its powers or misunderstands the law governing its decision-making power.

Answer 178

A: Procedural impropriety involves failure to follow mandatory procedures, bias in decision-making, and not giving those affected a right to be heard.

Answer 179

A: Through promises or established practices of a public authority that create an anticipation of a certain kind of treatment.

Answer 180

A: A decision is unreasonable if it is so irrational that no sensible person could have made it.

Answer 181

A: Quashing order, mandatory order, prohibiting order, injunction, and declaration.

Answer 182

A: The Human Rights Act incorporates the ECHR into UK law, allowing UK courts to address human rights breaches directly.

Answer 183

A: Absolute, limited, and qualified rights.

Answer 184

A: A test to determine if the restriction of a qualified right is necessary and proportionate to achieve a legitimate aim.

Answer 185

A: They refer to the extent of court discretion in human rights cases, depending on the political nature of the issue and the consensus among ECHR member states.

Answer 186

A: A declaration by a court that UK legislation is incompatible with the ECHR, signaling Parliament to consider amendment.

Answer 187

A: Only those directly affected by the action in question, as per the victim test.

Answer 188

A: Various remedies, including damages, quashing orders, mandatory orders, prohibiting orders, and injunctions.

Answer 189

A: The Equality Act 2010 allows for freestanding claims of discrimination, unlike Article 14, which requires a connection to another Convention right.

Answer 190

A: It regulates public processions and assemblies, balancing the right to protest with maintaining public order.

Answer 191

A: A breach occurs when there is an imminent threat of harm to people or property.

Answer 192

A: Organizers must notify the police in advance, specifying the date, time, route, and organizer details.

Answer 193

A: Police can set conditions on time, place, and route of the procession to prevent disorder, property damage, or community disruption.

Answer 194

A: It is an assembly of two or more persons in a public place, either completely or partially outdoors.

Answer 195

A: Trespassory assemblies involve 20 or more people on private land without permission and can be subject to police action, including being banned.

Answer 196

A: Participants or organizers who knowingly breach imposed conditions commit a criminal offense.

Answer 197

A: If it is believed that the procession will lead to serious disorder, property damage, or significant community disruption, the police can apply to ban it.

Answer 198

A: The Treaty on European Union and the Treaty on the Functioning of the European Union.

Answer 199

A: Treaties, regulations (directly applicable), and directives (require member state implementation).

Answer 200

A: The principle of the supremacy of EU law.

Answer 201

A: It integrated EU law into the UK legal system.

Answer 202

A: The invocation of Article 50 of the Treaty on European Union.

Answer 203

A: It addresses issues like citizens' rights post-Brexit.

Answer 204

A: To convert certain EU laws into UK law post-Brexit.

Answer 205

A: As retained EU law, which includes EU-derived domestic legislation, direct EU legislation, and directly effective EU law.