1.Easy
Judicial review allows courts to:
- ACheck whether public bodies act lawfully
- BDecide elections
- CAppoint government ministers
- DRewrite any legislation they consider unwise
2.Easy
The separation of powers divides state power between:
- AThe legislature, the executive and the judiciary
- BThe central, regional and local tiers of government
- CThe police, the army and the courts
- DParliament, the monarch and the church
3.Easy
The Sewel convention says that the UK Parliament will not normally:
- AChange taxes without a referendum
- BLegislate on Scottish matters without first holding a referendum in Scotland
- CLegislate on devolved matters without the devolved legislature's consent
- DDebate matters concerning Scotland
4.Medium
In Thoburn v Sunderland City Council (the "metric martyrs" case), Laws LJ said that "constitutional statutes":
- ACannot be impliedly repealed, only expressly
- BCannot be repealed at all
- CMust be approved by referendum
- DPrevail automatically over all later Acts of Parliament
5.Medium
A minister refuses to refer a complaint to a committee because the result might embarrass the government. In Padfield v Minister of Agriculture, the House of Lords held:
- AThe minister had unlimited discretion
- BThe refusal was lawful, since the Act imposed no duty to give reasons
- COnly Parliament could question the minister
- DThe refusal was unlawful, as it frustrated the purpose of the Act
6.Medium
A bicameral legislature has:
- AThree chambers
- BNo elected members
- COne chamber
- DTwo chambers
7.Hard
Under Osman v UK, a state breaches its positive obligation under Article 2 to protect a person from a third party if the authorities:
- AKnew or ought to have known of a real and immediate risk to life, and failed to take reasonable measures
- BFailed to convict the person who later killed the victim
- CDid not provide round-the-clock police protection for every person who had reported any threat against them
- DFailed to prevent any crime in their area
8.Hard
The government tried to stop publication of a former Cabinet minister's diaries. In AG v Jonathan Cape (the Crossman diaries case), the court held that:
- AMinisters' diaries are always Crown property
- BCabinet discussions could be protected as confidential, but the material was now too old to restrain
- CCourts can never restrain publication of political material
- DThe convention of Cabinet secrecy is directly enforceable law, so publication of the diaries had to be restrained
Answer key
- 1. A · Check whether public bodies act lawfully
- 2. A · The legislature, the executive and the judiciary
- 3. C · Legislate on devolved matters without the devolved legislature's consent
- 4. A · Cannot be impliedly repealed, only expressly
- 5. D · The refusal was unlawful, as it frustrated the purpose of the Act
- 6. D · Two chambers
- 7. A · Knew or ought to have known of a real and immediate risk to life, and failed to take reasonable measures
- 8. B · Cabinet discussions could be protected as confidential, but the material was now too old to restrain
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