1.Easy
A codified constitution is one whose main rules are:
- ABased entirely on unwritten customs
- BAgreed afresh after every election
- CFound only in judicial decisions
- DCollected in a single written document
2.Easy
Judicial review allows courts to:
- ADecide elections
- BRewrite any legislation they consider unwise
- CAppoint government ministers
- DCheck whether public bodies act lawfully
3.Easy
The principle of legality in public law means that a public authority:
- ACan ignore laws during weekends
- BNeeds a legal basis for its actions, especially when interfering with rights
- CMust always be elected
- DCan act freely unless a statute expressly prohibits the particular action taken
4.Medium
Under the UK Human Rights Act 1998, if a court cannot read an Act compatibly with Convention rights, it can:
- AMake a declaration of incompatibility, leaving the Act in force
- BRefer the case to the European Court of Human Rights automatically
- CStrike down the Act immediately
- DOrder Parliament to amend the Act within a month
5.Medium
In Ghaidan v Godin-Mendoza, the House of Lords used section 3 of the Human Rights Act to read "as his or her wife or husband" in the Rent Act as:
- AIncompatible, so it issued a declaration
- BApplying only to registered marriages
- CIncluding same-sex partners
- DExcluding all unmarried partners
6.Medium
Ellen Street Estates v Minister of Health is cited for the principle that:
- ACourts may refuse to apply a later Act
- BParliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- CEarlier Acts always prevail over later Acts
- DParliament can entrench an Act against later repeal by stating expressly that it may not be amended in future
7.Hard
A woman with a terminal illness asks for a guarantee that her husband will not be prosecuted for helping her die. In Pretty v UK, the European Court of Human Rights held that Article 2:
- AWas not engaged by her case at all
- BRequires an immunity for her husband
- CRequires states to allow assisted suicide
- DDoes not include a right to die
8.Hard
A statute says a commission's "determination ... shall not be called in question in any court of law". In Anisminic v Foreign Compensation Commission, the House of Lords held:
- AThe clause excluded all judicial review
- BThe clause was invalid as unconstitutional
- CThe decision was immune from review because the ouster clause applied to all its determinations
- DThe clause did not protect a decision based on an error of law, because that was a nullity
Answer key
- 1. D · Collected in a single written document
- 2. D · Check whether public bodies act lawfully
- 3. B · Needs a legal basis for its actions, especially when interfering with rights
- 4. A · Make a declaration of incompatibility, leaving the Act in force
- 5. C · Including same-sex partners
- 6. B · Parliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- 7. D · Does not include a right to die
- 8. D · The clause did not protect a decision based on an error of law, because that was a nullity
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