1.Easy
Judicial review allows courts to:
- ARewrite any legislation they consider unwise
- BCheck whether public bodies act lawfully
- CDecide elections
- DAppoint government ministers
2.Easy
The United Kingdom's constitution is best described as:
- AFully written in one document
- BLargely uncodified
- CCopied from the US constitution
- DSet out entirely in EU treaties
3.Easy
An ombudsman typically:
- AProsecutes criminal offences committed by ministers and civil servants
- BDrafts legislation for parliament
- CInvestigates complaints of maladministration by public bodies
- DHears appeals from the highest court
4.Medium
Ellen Street Estates v Minister of Health is cited for the principle that:
- AParliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- BParliament can entrench an Act against later repeal by stating expressly that it may not be amended in future
- CEarlier Acts always prevail over later Acts
- DCourts may refuse to apply a later Act
5.Medium
Parliamentary sovereignty (as described by Dicey) means that:
- AThe executive can override Parliament
- BParliament must obey previous Parliaments
- CCourts can strike down any Act of Parliament that conflicts with common law rights
- DParliament can make or unmake any law, and no body can override its Acts
6.Medium
Proportionality review usually asks whether a measure:
- AIs popular with voters
- BPursues a legitimate aim, is suitable, necessary and balanced
- CWas adopted quickly
- DIs the cheapest option available and has been approved by parliament
7.Hard
After 2001, the UK detained foreign terrorism suspects indefinitely without trial. In A v Home Secretary (the Belmarsh case), the House of Lords:
- AHeld that national security questions were for the executive alone and could not be reviewed by courts
- BOrdered the immediate release of all detainees
- CMade a declaration of incompatibility, finding the measure disproportionate and discriminatory
- DUpheld the detention as a valid response to an emergency
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. B · Check whether public bodies act lawfully
- 2. B · Largely uncodified
- 3. C · Investigates complaints of maladministration by public bodies
- 4. A · Parliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- 5. D · Parliament can make or unmake any law, and no body can override its Acts
- 6. B · Pursues a legitimate aim, is suitable, necessary and balanced
- 7. C · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory
- 8. D · The clause did not protect a decision based on an error of law, because that was a nullity
Full step-by-step solutions: practise this topic on examproblems.com.