1.Easy
In a presidential system, such as that of the United States:
- AThe president can dissolve the legislature at will
- BThe head of the executive is elected separately and does not depend on the legislature's confidence
- CThe president is chosen by and from the legislature and must resign if it withdraws its confidence in the government
- DThe president is a ceremonial figure with no powers
2.Easy
A codified constitution is one whose main rules are:
- ACollected in a single written document
- BFound only in judicial decisions
- CAgreed afresh after every election
- DBased entirely on unwritten customs
3.Easy
The Dutch Parliament (Staten-Generaal) consists of:
- AThe King and the Council of Ministers
- BThe provincial councils and municipal councils
- CThe Council of State and the Supreme Court
- DThe House of Representatives (Tweede Kamer) and the Senate (Eerste Kamer)
4.Medium
Proportionality review usually asks whether a measure:
- AIs popular with voters
- BWas adopted quickly
- CIs the cheapest option available and has been approved by parliament
- DPursues a legitimate aim, is suitable, necessary and balanced
5.Medium
Under AG v De Keyser's Royal Hotel, when a statute covers the same ground as a prerogative power:
- AThe government can choose freely between the two
- BThe prerogative is put in abeyance and the government must act under the statute
- CThe government may still choose the prerogative if it offers more flexible powers
- DThe prerogative overrides the statute
6.Medium
In Pickin v British Railways Board, the House of Lords held that courts:
- ACan review Acts for compliance with private bill rules
- BWill not examine whether Parliament followed its internal procedures in passing an Act
- CCan strike down a private Act if it is shown that Parliament was misled during its passage
- DMust investigate any allegation of fraud in Parliament
7.Hard
Since the 2008 constitutional reform in France, the "question prioritaire de constitutionnalité" allows:
- AJudges in any court to strike down statutes themselves
- BA party in court to ask for a statute in force to be reviewed for breach of constitutional rights
- CAny citizen to challenge a bill before Parliament votes on it, by petition to the Conseil constitutionnel
- DThe President to suspend a statute for one year
8.Hard
After a court makes a declaration of incompatibility, section 10 of the UK Human Rights Act 1998 allows a minister to:
- AOverrule the court's declaration
- BRefer the case directly to Strasbourg
- CSuspend the Convention right in question
- DAmend the incompatible legislation by a remedial order
Answer key
- 1. B · The head of the executive is elected separately and does not depend on the legislature's confidence
- 2. A · Collected in a single written document
- 3. D · The House of Representatives (Tweede Kamer) and the Senate (Eerste Kamer)
- 4. D · Pursues a legitimate aim, is suitable, necessary and balanced
- 5. B · The prerogative is put in abeyance and the government must act under the statute
- 6. B · Will not examine whether Parliament followed its internal procedures in passing an Act
- 7. B · A party in court to ask for a statute in force to be reviewed for breach of constitutional rights
- 8. D · Amend the incompatible legislation by a remedial order
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