1.Easy
A constitutional monarchy is one in which the monarch:
- ALeads the governing political party
- BIs elected by parliament every five years
- CHolds all legislative and executive power personally, and ministers merely advise on request
- DIs head of state but acts within constitutional limits, mostly on ministers' advice
2.Easy
Members of the Dutch Senate (Eerste Kamer) are mainly elected by:
- AMembers of the House of Representatives
- BDirect vote of all citizens
- CMembers of the provincial councils
- DAppointment by the King
3.Easy
Judicial review allows courts to:
- ARewrite any legislation they consider unwise
- BAppoint government ministers
- CCheck whether public bodies act lawfully
- DDecide elections
4.Medium
In R v Home Secretary, ex p Fire Brigades Union, the House of Lords held the minister acted unlawfully by:
- ABringing a statute into force too quickly
- BUsing the prerogative to set up a scheme inconsistent with a statutory scheme not yet in force
- CBringing the statutory scheme into force without first consulting the bodies that would be affected by it
- DRefusing to consult the fire brigades
5.Medium
In R v Bow Street Magistrate, ex p Pinochet (No 2), the House of Lords set aside its own earlier decision because:
- AThe judges had made a legal mistake
- BThe case had been heard in private
- COne judge had links to a charity that was a party to the case
- DPinochet had not been given a lawyer of his own choice at the hearing
6.Medium
Proportionality review usually asks whether a measure:
- AIs popular with voters
- BPursues a legitimate aim, is suitable, necessary and balanced
- CWas adopted quickly
- DIs the cheapest option available and has been approved by parliament
7.Hard
Since the 2008 constitutional reform in France, the "question prioritaire de constitutionnalité" allows:
- AThe President to suspend a statute for one year
- BJudges in any court to strike down statutes themselves
- CA party in court to ask for a statute in force to be reviewed for breach of constitutional rights
- DAny citizen to challenge a bill before Parliament votes on it, by petition to the Conseil constitutionnel
8.Hard
In the Harmonisatiewet judgment (1989), the Dutch Supreme Court held that Article 120 of the Constitution:
- AApplies only to delegated legislation
- BAllows courts to strike down Acts that breach fundamental principles such as legal certainty
- CWas overridden by the principle of legal certainty
- DPrevents courts from reviewing Acts of Parliament against fundamental principles of law
Answer key
- 1. D · Is head of state but acts within constitutional limits, mostly on ministers' advice
- 2. C · Members of the provincial councils
- 3. C · Check whether public bodies act lawfully
- 4. B · Using the prerogative to set up a scheme inconsistent with a statutory scheme not yet in force
- 5. C · One judge had links to a charity that was a party to the case
- 6. B · Pursues a legitimate aim, is suitable, necessary and balanced
- 7. C · A party in court to ask for a statute in force to be reviewed for breach of constitutional rights
- 8. D · Prevents courts from reviewing Acts of Parliament against fundamental principles of law
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