1.Easy
A unitary state is one in which:
- AThere is only one political party
- BThe head of state is also head of government
- CSovereign power is held at the centre, which may delegate powers to other levels
- DRegions have powers guaranteed by the constitution, which the centre cannot alter alone
2.Easy
In the UK, the royal prerogative is:
- AA set of powers of the Crown recognised by common law, not created by statute
- BA set of powers conferred on the Prime Minister by the Constitutional Reform Act
- CThe monarch's personal right to veto any Act
- DThe right of judges to overrule Parliament
3.Easy
A writ of habeas corpus:
- APermits the government to search private homes
- BRequires a detained person to be brought before a court so that the legality of the detention can be tested
- COrders a public body to perform a statutory duty
- DAllows the police to detain a suspect without charge for up to a week while a court reviews the evidence against them
4.Medium
Under ECHR case law such as Sunday Times v UK, for a restriction to be "prescribed by law", the law must be:
- AOlder than the Convention
- BApproved by a referendum
- CAdequately accessible and foreseeable in its effects
- DContained in a single written statute passed by parliament
5.Medium
In the Factortame litigation, while the UK was an EU member, the House of Lords:
- ADeclared the European Communities Act 1972 invalid
- BDisapplied parts of an Act of Parliament that conflicted with EU law
- CHeld that EU law could never limit Acts of Parliament
- DReferred the matter to the European Court of Human Rights
6.Medium
Under the Human Rights Act 1998, a private body with some "functions of a public nature" is:
- ABound by the Act for its public functions, but not for private acts
- BBound by the Act only if it receives most of its funding from the state
- CNever bound by the Act
- DBound by the Act in everything it does
7.Hard
People buy TV licences early to avoid a fee increase, and the Home Office threatens to revoke them unless they pay the extra. In Congreve v Home Office, the court held:
- AThe revocation was lawful under the statute
- BUsing the revocation power this way was unlawful
- CThe minister could act for any purpose
- DLicence holders had no legal rights
8.Hard
In Ireland v UK (1978), the European Court of Human Rights held that the "five techniques" used in interrogating detainees in Northern Ireland were:
- AInhuman and degrading treatment, but not torture
- BA breach of Article 5 only
- CTorture under Article 3
- DLawful because of the emergency
Answer key
- 1. C · Sovereign power is held at the centre, which may delegate powers to other levels
- 2. A · A set of powers of the Crown recognised by common law, not created by statute
- 3. B · Requires a detained person to be brought before a court so that the legality of the detention can be tested
- 4. C · Adequately accessible and foreseeable in its effects
- 5. B · Disapplied parts of an Act of Parliament that conflicted with EU law
- 6. A · Bound by the Act for its public functions, but not for private acts
- 7. B · Using the revocation power this way was unlawful
- 8. A · Inhuman and degrading treatment, but not torture
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