1.Easy
The Sewel convention says that the UK Parliament will not normally:
- ADebate matters concerning Scotland
- BChange taxes without a referendum
- CLegislate on devolved matters without the devolved legislature's consent
- DLegislate on Scottish matters without first holding a referendum in Scotland
2.Easy
An ombudsman typically:
- AInvestigates complaints of maladministration by public bodies
- BProsecutes criminal offences committed by ministers and civil servants
- CDrafts legislation for parliament
- DHears appeals from the highest court
3.Easy
A writ of habeas corpus:
- AOrders a public body to perform a statutory duty
- BAllows the police to detain a suspect without charge for up to a week while a court reviews the evidence against them
- CPermits the government to search private homes
- DRequires a detained person to be brought before a court so that the legality of the detention can be tested
4.Medium
A chief constable is dismissed without being told the charges or given a chance to respond. In Ridge v Baldwin, the House of Lords held:
- AThe dismissal was valid, as it was an administrative decision
- BThe dismissal was valid, because the police had no contract
- COnly Parliament could review the decision
- DThe dismissal was void for breach of natural justice
5.Medium
A minister refuses to refer a complaint to a committee because the result might embarrass the government. In Padfield v Minister of Agriculture, the House of Lords held:
- AThe minister had unlimited discretion
- BThe refusal was unlawful, as it frustrated the purpose of the Act
- COnly Parliament could question the minister
- DThe refusal was lawful, since the Act imposed no duty to give reasons
6.Medium
In Marbury v Madison (1803), the US Supreme Court established:
- AThe power of courts to review the constitutionality of legislation
- BThe right to bear arms
- CThe power of Congress to overrule decisions of the federal judiciary
- DThe President's veto power
7.Hard
In Miller II (2019), the UK Supreme Court found the prorogation of Parliament unlawful because:
- AThe Queen refused to approve it
- BIt frustrated Parliament's constitutional functions without reasonable justification
- CIt was decided by a referendum
- DIt violated Article 3 of Protocol 1 ECHR by interfering with the right to free elections
8.Hard
Soldiers shoot dead three suspected terrorists in Gibraltar. In McCann v UK, the European Court of Human Rights found a breach of Article 2 because:
- AThe UK had not ratified the Convention for Gibraltar
- BThe soldiers acted out of personal hatred
- CAny killing by state agents breaches Article 2
- DThe operation was not planned and controlled to minimise the use of lethal force
Answer key
- 1. C · Legislate on devolved matters without the devolved legislature's consent
- 2. A · Investigates complaints of maladministration by public bodies
- 3. D · Requires a detained person to be brought before a court so that the legality of the detention can be tested
- 4. D · The dismissal was void for breach of natural justice
- 5. B · The refusal was unlawful, as it frustrated the purpose of the Act
- 6. A · The power of courts to review the constitutionality of legislation
- 7. B · It frustrated Parliament's constitutional functions without reasonable justification
- 8. D · The operation was not planned and controlled to minimise the use of lethal force
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