1.Easy
The separation of powers divides state power between:
- AThe central, regional and local tiers of government
- BThe police, the army and the courts
- CParliament, the monarch and the church
- DThe legislature, the executive and the judiciary
2.Easy
The Sewel convention says that the UK Parliament will not normally:
- ALegislate on Scottish matters without first holding a referendum in Scotland
- BLegislate on devolved matters without the devolved legislature's consent
- CDebate matters concerning Scotland
- DChange taxes without a referendum
3.Easy
Section 3 of the UK Human Rights Act 1998 requires courts to:
- AFollow every judgment of the Strasbourg court
- BRead and give effect to legislation compatibly with Convention rights, so far as possible
- CStrike down any provision of an Act that cannot be read compatibly with Convention rights
- DAsk Parliament to interpret unclear statutes
4.Medium
The Dutch Constitution (Article 120) forbids courts from:
- AReviewing Acts of Parliament for compatibility with the Constitution
- BReviewing decisions of municipalities and provinces against national statutes
- CHearing criminal cases
- DApplying international treaties
5.Medium
Under ECHR case law such as Sunday Times v UK, for a restriction to be "prescribed by law", the law must be:
- AAdequately accessible and foreseeable in its effects
- BApproved by a referendum
- COlder than the Convention
- DContained in a single written statute passed by parliament
6.Medium
Under AG v De Keyser's Royal Hotel, when a statute covers the same ground as a prerogative power:
- AThe prerogative overrides the statute
- BThe government can choose freely between the two
- CThe government may still choose the prerogative if it offers more flexible powers
- DThe prerogative is put in abeyance and the government must act under the statute
7.Hard
A health authority moves a severely disabled woman into a care home after promising it would be her "home for life", then decides to close it. In R v North and East Devon HA, ex p Coughlan:
- AThe promise was void because the authority had no statutory power to make it
- BOnly a fair consultation was required
- CThe promise could be broken whenever policy changed
- DFrustrating her substantive legitimate expectation was an abuse of power
8.Hard
In YL v Birmingham City Council (2007), the House of Lords held that a private care home housing residents funded by a council:
- AWas a core public authority
- BWas not exercising a function of a public nature under the Human Rights Act
- CCould not house publicly funded residents
- DWas a hybrid public authority bound by the Act for all the care it provided
Answer key
- 1. D · The legislature, the executive and the judiciary
- 2. B · Legislate on devolved matters without the devolved legislature's consent
- 3. B · Read and give effect to legislation compatibly with Convention rights, so far as possible
- 4. A · Reviewing Acts of Parliament for compatibility with the Constitution
- 5. A · Adequately accessible and foreseeable in its effects
- 6. D · The prerogative is put in abeyance and the government must act under the statute
- 7. D · Frustrating her substantive legitimate expectation was an abuse of power
- 8. B · Was not exercising a function of a public nature under the Human Rights Act
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