1.Easy
In a parliamentary system, the government usually depends on:
- AA referendum every year
- BThe approval of the courts
- CThe support of the head of state only
- DThe confidence of parliament
2.Easy
A constitutional monarchy is one in which the monarch:
- AIs elected by parliament every five years
- BIs head of state but acts within constitutional limits, mostly on ministers' advice
- CLeads the governing political party
- DHolds all legislative and executive power personally, and ministers merely advise on request
3.Easy
The Sewel convention says that the UK Parliament will not normally:
- ALegislate on devolved matters without the devolved legislature's consent
- BDebate matters concerning Scotland
- CChange taxes without a referendum
- DLegislate on Scottish matters without first holding a referendum in Scotland
4.Medium
In the Factortame litigation, while the UK was an EU member, the House of Lords:
- AReferred the matter to the European Court of Human Rights
- BDisapplied parts of an Act of Parliament that conflicted with EU law
- CDeclared the European Communities Act 1972 invalid
- DHeld that EU law could never limit Acts of Parliament
5.Medium
In Marbury v Madison (1803), the US Supreme Court established:
- AThe power of Congress to overrule decisions of the federal judiciary
- BThe right to bear arms
- CThe power of courts to review the constitutionality of legislation
- DThe President's veto power
6.Medium
A minister refuses to refer a complaint to a committee because the result might embarrass the government. In Padfield v Minister of Agriculture, the House of Lords held:
- AThe minister had unlimited discretion
- BThe refusal was lawful, since the Act imposed no duty to give reasons
- COnly Parliament could question the minister
- DThe refusal was unlawful, as it frustrated the purpose of the Act
7.Hard
Officers enter a writer's house and seize his papers under a warrant issued by a Secretary of State with no legal authority to issue it. In Entick v Carrington, the court held:
- AThe writer could only complain to Parliament
- BThe search was lawful, because the warrant was signed
- CThe search was lawful, because state necessity justified seizing the papers
- DThe search was unlawful, because state action needs legal authority
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
- BSuspend the Convention right in question
- CRefer the case directly to Strasbourg
- DAmend the incompatible legislation by a remedial order
Answer key
- 1. D · The confidence of parliament
- 2. B · Is head of state but acts within constitutional limits, mostly on ministers' advice
- 3. A · Legislate on devolved matters without the devolved legislature's consent
- 4. B · Disapplied parts of an Act of Parliament that conflicted with EU law
- 5. C · The power of courts to review the constitutionality of legislation
- 6. D · The refusal was unlawful, as it frustrated the purpose of the Act
- 7. D · The search was unlawful, because state action needs legal authority
- 8. D · Amend the incompatible legislation by a remedial order
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