1.Easy
A codified constitution is one whose main rules are:
- AAgreed afresh after every election
- BFound only in judicial decisions
- CCollected in a single written document
- DBased entirely on unwritten customs
2.Easy
Individual ministerial responsibility means that a minister:
- AMust personally approve every decision of their department
- BIs personally liable to pay damages for errors made by their civil servants
- CIs accountable to Parliament for their department and personal conduct
- DCan be removed from office by the courts
3.Easy
The rule of law means, at its core, that:
- AEveryone, including the government, is subject to the law
- BOnly citizens must follow the law
- CThe government can change any law at any time without limits
- DJudges make all laws
4.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
- BContained in a single written statute passed by parliament
- CApproved by a referendum
- DOlder than the Convention
5.Medium
In England and Wales, a claim for judicial review must generally be filed:
- AAt any time
- BPromptly, and in any event within three months
- CWithin six years
- DWithin one year
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
- CIllegality
- DLegitimate expectation only
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:
- AFailed to convict the person who later killed the victim
- BDid not provide round-the-clock police protection for every person who had reported any threat against them
- CFailed to prevent any crime in their area
- DKnew or ought to have known of a real and immediate risk to life, and failed to take reasonable measures
8.Hard
In R (Nicklinson) v Ministry of Justice (2014), concerning the ban on assisted suicide, the majority of the UK Supreme Court:
- ADeclined to make a declaration of incompatibility at that time, leaving it to Parliament
- BMade a declaration of incompatibility with Article 8, while leaving the ban itself in force for now
- CRead the ban down under section 3 to allow assisted dying
- DHeld that Article 8 was not engaged at all
Answer key
- 1. C · Collected in a single written document
- 2. C · Is accountable to Parliament for their department and personal conduct
- 3. A · Everyone, including the government, is subject to the law
- 4. A · Adequately accessible and foreseeable in its effects
- 5. B · Promptly, and in any event within three months
- 6. C · Illegality
- 7. D · Knew or ought to have known of a real and immediate risk to life, and failed to take reasonable measures
- 8. A · Declined to make a declaration of incompatibility at that time, leaving it to Parliament
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