Constitutional and Administrative Law

Question 1

Test for Constitutional Conventions (3)

Answer 1

1. Previous political practice
2. Binding
3. Sound constitutional reasons

Question 2

Features of Rule of Law (3)

Answer 2

1. Apply fairly and consistently
2. Government must act accordingly
3. No retrospective effect

Question 3

Sources of Law (5)

Answer 3

1. Acts of Parliament
2. European Convention of Human Rights (ECHR)
3. Retained EU law
4. Caselaw
5. Conventions

Question 4

Parliament Act 1911 and 1949

Answer 4

Acts enacted by House of Commons without the consent of House of Lords have full effect

Question 5

Parliamentary Privilege

Answer 5

MPs/Lords cannot be sued for anything said in Parliament

Question 6

Stages of a bill in both Houses (5)

Answer 6

1. First Reading
2. Second Reading
3. Committee Stage
4. Report
5. Third Reading

Question 7

Stage at which Lords amendments are considered

Answer 7

After both houses reading

Question 8

English votes for English Laws

Answer 8

Extra stage in legislative process, between report stage and third reading

Question 9

Negative Resolution Procedure

Answer 9

Take effect unless rejected by either houses in 40 days

Question 10

Affirmative Resolution Procedure

Answer 10

Positive vote from both houses in favour

Question 11

Henry VIII Powers

Answer 11

Powers granted to government to amend an Act of Parliament

Question 12

Examples of Prerogative Powers (3)

Answer 12

1. Negotiation and ratification of treaties
2. Deployment of Armed Forces
3. PM to remove ministers

Question 13

Stages for the ratification of treaties (2)

Answer 13

1. Published before both Houses
2. After 21 days ratified, if neither Houses vote against ratification

Question 14

Carltona Doctrine

Answer 14

Civil servants could exercise powers granted in Act of Parliament to Secretary of State

Question 15

Privy Council

Answer 15

Judicial Committee for commonwealth nations that lack final court of appeal

Question 16

Potential outcome when reviewing devolved legislation by courts

Answer 16

Courts can strike down their legislation

Question 17

Requirements for Judicial Review (6)

Answer 17

1. Claim against a public body
2. Correct procedure (Defendant should respond within 14 days of letter being sent by claimant)
3. Whether the claim is going to be successful
4. Time limit (no later than 3 months, within 6 weeks for planning permission)
5. Procedure Exclusivity Rule
6. Standing

Question 18

Grounds for Judicial Review (4)

Answer 18

1. Illegality
2. Procedural Impropriety
3. Legitimate Expectation
4. Unreasonableness

Question 19

Types of Illegality (5)

Answer 19

1. Ultravires
2. Error of Law
3. Failure to comply with certain duties
4. Unlawful delegation of power
5. Irrelevant considerations

Question 20

Procedural Impropriety

Answer 20

Focuses on the way in which the decision is made

Question 21

Procedural Impropriety imposed by common law (2)

Answer 21

1. Right to be heard
2. Rules against bias

Question 22

Common law could impose duty to consult if (4)

Answer 22

1. Statutory decision to consult
2. Consultation promised
3. Established practice of consultation
4. Failure to consult lead to unfairness

Question 23

Duty to give reason (2)

Answer 23

1. Involving individual
2. Aberrant

Question 24

Ways of showing legitimate expectation

Answer 24

1. Policy made available to public
2. Previous action of authority
3. Promise

Question 25

Unreasonableness

Answer 25

Decision is so outrageous in logic or accepted moral standards, that no sensible person could reach

Question 26

Remedies (5)

Answer 26

1. Quashing Order 2. Mandatory Order 3. Prohibiting Order 4. Injunction 5. Declaration

Question 27

Additional rights protected in HRA (4)

Answer 27

1. Right to property 2. Right to education 3. Right to free elections 4. Abolish death penalty

Question 28

Types of rights under HRA (3)

Answer 28

1. Absolute (can never be limited) 2. Limited (specifies the circumstances under which the right can be limited) 3. Qualified (provides circumstances for limiting, but can be limited by the state to pursue legitimate interests)

Question 29

Test for limiting qualified right

Answer 29

Proportionality test

Question 30

Judicial Deference

Answer 30

The more political the issue, the more courts will refer to Parliament and agree

Question 31

Articles that cannot be derogated

Answer 31

2, 3, 4(1) and 7

Question 32

Process for amending legislation in accordance with HRA (2)

Answer 32

1. (Urgent) If within 120 days, either House of Parliaments has not passed a resolution approving the order 2. (Non-urgent) Remedial order that requires approval by both houses after 60 days

Question 33

Equality Act 2010

Answer 33

Related to Article 14 and permits freestanding claims of discrimintation

Question 34

Breach of Peace (4)

Answer 34

1. Genuine fear of harm to self or property 2. Harm is done or likely to be done 3. Can take place in private or public 4. The breach must be imminent

Question 35

Public Processions (4)

Answer 35

1. Notice given 6 clear days before or when practicable 2. Provide to police station in area of procession 3. Provide date, time, route and name/address of an organiser 4. Does not apply to processions commonly or customarily held

Question 36

Public Assemblies (3)

Answer 36

1. Two or more persons in a public place 2. If officer believes serious disorder, damage, designed to intimidate and police can impose conditions 3. Conditions must be proportionate and necessary

Question 37

Trespassory Assemblies (4)

Answer 37

1. Involves 20 or more persons 2. Land not open to public 3. Held without permission of occupier 4. May damage or disrupt community or significantly damage important land or important buildings

Question 38

Post-Brexit

Answer 38

EU law preserved as retained EU law