Constitutional law worksheet with answers

Judicial independence means that:

1. AJudges decide cases free from pressure from government or other parties
2. BJudges are elected by the public
3. CJudges may set aside any statute they consider unjust or contrary to good policy
4. DJudges cannot be bound by statute

The principle of legality in public law means that a public authority:

1. AMust always be elected
2. BCan act freely unless a statute expressly prohibits the particular action taken
3. CNeeds a legal basis for its actions, especially when interfering with rights
4. DCan ignore laws during weekends

An ombudsman typically:

1. AProsecutes criminal offences committed by ministers and civil servants
2. BInvestigates complaints of maladministration by public bodies
3. CHears appeals from the highest court
4. DDrafts legislation for parliament

Under British Oxygen v Minister of Technology, a public body that adopts a policy for exercising its discretion must:

1. AHave the policy approved by Parliament
2. BApply the policy rigidly in every case to ensure consistent treatment
3. CMake no policy at all
4. DStill be willing to listen to anyone with something new to say

Ellen Street Estates v Minister of Health is cited for the principle that:

1. AEarlier Acts always prevail over later Acts
2. BParliament can entrench an Act against later repeal by stating expressly that it may not be amended in future
3. CCourts may refuse to apply a later Act
4. DParliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one

In Soering v UK, the European Court of Human Rights held that extraditing a man to the US to face a possible death sentence would breach Article 3 because:

1. AThe US is not a party to the Convention
2. BOf the extreme conditions and long wait on death row
3. CThe death penalty itself always amounts to torture under Article 3
4. DHe would not receive a fair trial

In R v Home Secretary, ex p Simms, Lord Hoffmann explained the "principle of legality" as meaning that:

1. AMinisters may limit fundamental rights whenever it is in the public interest
2. BParliament cannot legislate against fundamental rights
3. CGeneral words in a statute are presumed not to override fundamental rights
4. DCourts may strike down Acts that breach fundamental rights

In the Case of Proclamations (1610), the court held that the King:

1. ACould change any law by proclamation
2. BCould not create new offences by proclamation
3. CCould suspend Acts of Parliament
4. DCould dismiss judges who disagreed