1.Easy
In the United States, the "Bill of Rights" refers to:
- AThe Declaration of Independence
- BThe first article of the Constitution
- CA statute passed by Congress in the 1960s
- DThe first ten amendments to the Constitution
2.Easy
A "rigid" constitution is one that:
- ACan never be amended at all
- BCan be amended only by a special procedure
- CIs enforced strictly by the army
- DCan be changed by an ordinary Act
3.Easy
The principle of legality in public law means that a public authority:
- AMust always be elected
- BNeeds a legal basis for its actions, especially when interfering with rights
- CCan act freely unless a statute expressly prohibits the particular action taken
- DCan ignore laws during weekends
4.Medium
Under Article 94 of the Dutch Constitution, Dutch courts:
- AApply statutes even if they conflict with treaties
- BCan strike down statutes that conflict with the Constitution or with general principles
- CMust refer all treaty questions to the Council of State
- DDo not apply statutes that conflict with treaty provisions binding on everyone
5.Medium
In Thoburn v Sunderland City Council (the "metric martyrs" case), Laws LJ said that "constitutional statutes":
- APrevail automatically over all later Acts of Parliament
- BMust be approved by referendum
- CCannot be impliedly repealed, only expressly
- DCannot be repealed at all
6.Medium
Which ground of judicial review applies when a decision-maker ignores a relevant consideration?
- AProcedural impropriety only
- BNone, because courts never review considerations
- CLegitimate expectation only
- DIllegality
7.Hard
In R v Home Secretary, ex p Simms, Lord Hoffmann explained the "principle of legality" as meaning that:
- ACourts may strike down Acts that breach fundamental rights
- BParliament cannot legislate against fundamental rights
- CGeneral words in a statute are presumed not to override fundamental rights
- DMinisters may limit fundamental rights whenever it is in the public interest
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 decision was immune from review because the ouster clause applied to all its determinations
- BThe clause was invalid as unconstitutional
- CThe clause did not protect a decision based on an error of law, because that was a nullity
- DThe clause excluded all judicial review
Answer key
- 1. D · The first ten amendments to the Constitution
- 2. B · Can be amended only by a special procedure
- 3. B · Needs a legal basis for its actions, especially when interfering with rights
- 4. D · Do not apply statutes that conflict with treaty provisions binding on everyone
- 5. C · Cannot be impliedly repealed, only expressly
- 6. D · Illegality
- 7. C · General words in a statute are presumed not to override fundamental rights
- 8. C · The clause did not protect a decision based on an error of law, because that was a nullity
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