1.Easy
The principle of legality in public law means that a public authority:
- AMust always be elected
- BCan act freely unless a statute expressly prohibits the particular action taken
- CCan ignore laws during weekends
- DNeeds a legal basis for its actions, especially when interfering with rights
2.Easy
A unitary state is one in which:
- ASovereign power is held at the centre, which may delegate powers to other levels
- BThe head of state is also head of government
- CRegions have powers guaranteed by the constitution, which the centre cannot alter alone
- DThere is only one political party
3.Easy
The UK convention of collective ministerial responsibility means that:
- AMinisters must publicly support government decisions or resign
- BEach minister can veto Cabinet decisions
- CMinisters are elected together as a group
- DAll ministers are jointly liable in court for government decisions
4.Medium
Parliamentary sovereignty (as described by Dicey) means that:
- AParliament must obey previous Parliaments
- BParliament can make or unmake any law, and no body can override its Acts
- CCourts can strike down any Act of Parliament that conflicts with common law rights
- DThe executive can override Parliament
5.Medium
Ellen Street Estates v Minister of Health is cited for the principle that:
- AParliament can entrench an Act against later repeal by stating expressly that it may not be amended in future
- BParliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- CEarlier Acts always prevail over later Acts
- DCourts may refuse to apply a later Act
6.Medium
In Pickin v British Railways Board, the House of Lords held that courts:
- AWill not examine whether Parliament followed its internal procedures in passing an Act
- BCan review Acts for compliance with private bill rules
- 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
In R v Home Secretary, ex p Simms, Lord Hoffmann explained the "principle of legality" as meaning that:
- AMinisters may limit fundamental rights whenever it is in the public interest
- BParliament cannot legislate against fundamental rights
- CGeneral words in a statute are presumed not to override fundamental rights
- DCourts may strike down Acts that breach fundamental rights
8.Hard
After 2001, the UK detained foreign terrorism suspects indefinitely without trial. In A v Home Secretary (the Belmarsh case), the House of Lords:
- AOrdered the immediate release of all detainees
- BHeld that national security questions were for the executive alone and could not be reviewed by courts
- CUpheld the detention as a valid response to an emergency
- DMade a declaration of incompatibility, finding the measure disproportionate and discriminatory
Answer key
- 1. D · Needs a legal basis for its actions, especially when interfering with rights
- 2. A · Sovereign power is held at the centre, which may delegate powers to other levels
- 3. A · Ministers must publicly support government decisions or resign
- 4. B · Parliament can make or unmake any law, and no body can override its Acts
- 5. B · Parliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- 6. A · Will not examine whether Parliament followed its internal procedures in passing an Act
- 7. C · General words in a statute are presumed not to override fundamental rights
- 8. D · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory
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