1.Easy
The Sewel convention says that the UK Parliament will not normally:
- ADebate matters concerning Scotland
- BLegislate on Scottish matters without first holding a referendum in Scotland
- CChange taxes without a referendum
- DLegislate on devolved matters without the devolved legislature's consent
2.Easy
In the UK, the head of government is:
- AThe Speaker of the House of Commons
- BThe Lord Chancellor
- CThe monarch
- DThe Prime Minister
3.Easy
The European Convention on Human Rights was drawn up within:
- AThe Council of Europe
- BNATO
- CThe United Nations
- DThe European Union
4.Medium
In R (Jackson) v Attorney General, the House of Lords held that:
- AThe Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
- BActs passed under the Parliament Acts were merely invalid delegated legislation
- CThe House of Lords could veto any bill permanently
- DThe Hunting Act was incompatible with Convention rights
5.Medium
In Thoburn v Sunderland City Council (the "metric martyrs" case), Laws LJ said that "constitutional statutes":
- AMust be approved by referendum
- BCannot be repealed at all
- CCannot be impliedly repealed, only expressly
- DPrevail automatically over all later Acts of Parliament
6.Medium
Parliamentary sovereignty (as described by Dicey) means that:
- ACourts can strike down any Act of Parliament that conflicts with common law rights
- BParliament can make or unmake any law, and no body can override its Acts
- CThe executive can override Parliament
- DParliament must obey previous Parliaments
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
- BCourts may strike down Acts that breach fundamental rights
- CGeneral words in a statute are presumed not to override fundamental rights
- DParliament cannot legislate against fundamental rights
8.Hard
After a court makes a declaration of incompatibility, section 10 of the UK Human Rights Act 1998 allows a minister to:
- ASuspend the Convention right in question
- BAmend the incompatible legislation by a remedial order
- CRefer the case directly to Strasbourg
- DOverrule the court's declaration
Answer key
- 1. D · Legislate on devolved matters without the devolved legislature's consent
- 2. D · The Prime Minister
- 3. A · The Council of Europe
- 4. A · The Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
- 5. C · Cannot be impliedly repealed, only expressly
- 6. B · Parliament can make or unmake any law, and no body can override its Acts
- 7. C · General words in a statute are presumed not to override fundamental rights
- 8. B · Amend the incompatible legislation by a remedial order
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