Constitutional

Question 1

Constitutional: Conventions are… ? How are they treated by courts

Answer 1

unwritten rules, great weight in court. Monarch gives assent to bill passed in Parliament.

Question 2

Constitutional: Conventions are applicable to…

Answer 2

Crown+Parliament

Question 3

Constitutional: Path of bill?

Answer 3

First reading-Second – Committee (public/whole house – urgent, 1st class)- Report – third reading – amendments-assent

Question 4

Constitutional: What is negative resolution and how long it should be laid?

Answer 4

40 days to reject, otherwise in force

Question 5

Constitutional: How to ratify international treaty?

Answer 5

To be laid 21 days before both houses

Question 6

Constitutional: What is Carltona Doctrine?

Answer 6

civil servants

Question 7

Constitutional: what is the difference between operational and policy fails?

Answer 7

Minister allowed operational fail – give account and repair. Policy fail – step down (take responsibility)

Question 8

Constitutional: Judicial review: How long for public entity to respond on claim?

Answer 8

14 days

Question 9

Constitutional: Judicial review: what is the limitation period in judicial reviews? Any specific term for some types of claims?

Answer 9

promptly, but not later 3 months. Planning decision – 6 weeks

Question 10

Constitutional: Judicial review: What are the grounds for judicial review? Mnemonic?

Answer 10

rIPLI: Illegality; Procedural impropriety; Legitimate expectations; Irrationality

Question 11

Constitutional: Judicial review: What are the grounds for illegality? Mnemonic?

Answer 11

ELVIS (Error of law; specific Legal duty; unlawful Subdelegation of power, Irrelevant considerations; ultra Vires

Question 12

Constitutional: Judicial review: What are the grounds for Procedural impropriety? Mnemonic?

Answer 12

MR BCR Mandatory requirements; Right to be heard; Bias; Duty to consult; Duty to give reasons

Question 13

Constitutional: Human rights Act: What are the types of rights and when can be limited?

Answer 13

Absolute – cannot be limited.
Limited – can be limited and the limited situations in article (liberty/security/fair trial)
Qualified – can be limited by the state if legitimate interest and proportionate.

Question 14

Constitutional: When arrest is possible to precent disorder?

Answer 14

breach must be imminent

Question 15

Constitutional: To whom and when notice should be made for procession?

Answer 15

police 6 days

Question 16

Constitutional: How many people required for assembly? How many for trespassory assembly?

Answer 16

2 (open air) / 20