1.Easy
The principle of legality in public law means that a public authority:
- ACan act freely unless a statute expressly prohibits the particular action taken
- BMust always be elected
- CCan ignore laws during weekends
- DNeeds a legal basis for its actions, especially when interfering with rights
2.Easy
In the UK, the head of government is:
- AThe Lord Chancellor
- BThe monarch
- CThe Prime Minister
- DThe Speaker of the House of Commons
3.Easy
Section 3 of the UK Human Rights Act 1998 requires courts to:
- AAsk Parliament to interpret unclear statutes
- BStrike down any provision of an Act that cannot be read compatibly with Convention rights
- CRead and give effect to legislation compatibly with Convention rights, so far as possible
- DFollow every judgment of the Strasbourg court
4.Medium
In the GCHQ case, the House of Lords held that the exercise of prerogative powers:
- AIs always fully reviewable, whatever subject matter it concerns
- BCan never be reviewed by the courts
- CCan be judicially reviewed, depending on its subject matter
- DCan be reviewed only if Parliament agrees
5.Medium
In the Factortame litigation, while the UK was an EU member, the House of Lords:
- ADeclared the European Communities Act 1972 invalid
- BHeld that EU law could never limit Acts of Parliament
- CDisapplied parts of an Act of Parliament that conflicted with EU law
- DReferred the matter to the European Court of Human Rights
6.Medium
To bring a claim for judicial review in England and Wales, the claimant must have:
- AA sufficient interest in the matter
- BSuffered financial loss
- CA contract with the public body
- DPermission from the minister
7.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 decision was immune from review because the ouster clause applied to all its determinations
- CThe clause was invalid as unconstitutional
- DThe clause did not protect a decision based on an error of law, because that was a nullity
8.Hard
In R (Nicklinson) v Ministry of Justice (2014), concerning the ban on assisted suicide, the majority of the UK Supreme Court:
- AMade a declaration of incompatibility with Article 8, while leaving the ban itself in force for now
- BDeclined to make a declaration of incompatibility at that time, leaving it to Parliament
- CHeld that Article 8 was not engaged at all
- DRead the ban down under section 3 to allow assisted dying
Answer key
- 1. D · Needs a legal basis for its actions, especially when interfering with rights
- 2. C · The Prime Minister
- 3. C · Read and give effect to legislation compatibly with Convention rights, so far as possible
- 4. C · Can be judicially reviewed, depending on its subject matter
- 5. C · Disapplied parts of an Act of Parliament that conflicted with EU law
- 6. A · A sufficient interest in the matter
- 7. D · The clause did not protect a decision based on an error of law, because that was a nullity
- 8. B · Declined to make a declaration of incompatibility at that time, leaving it to Parliament
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