1.Easy
Section 3 of the UK Human Rights Act 1998 requires courts to:
- AAsk Parliament to interpret unclear statutes
- BFollow every judgment of the Strasbourg court
- CRead and give effect to legislation compatibly with Convention rights, so far as possible
- DStrike down any provision of an Act that cannot be read compatibly with Convention rights
2.Easy
Devolution in the UK means that:
- AParliament transfers some powers to bodies in Scotland, Wales and Northern Ireland while remaining sovereign
- BThe UK has become a federal state in which the regional powers are entrenched and cannot be removed by Westminster
- CThe monarch shares power with regional parliaments
- DLocal councils can override Acts of Parliament
3.Easy
The Dutch Parliament (Staten-Generaal) consists of:
- AThe House of Representatives (Tweede Kamer) and the Senate (Eerste Kamer)
- BThe Council of State and the Supreme Court
- CThe King and the Council of Ministers
- DThe provincial councils and municipal councils
4.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
5.Medium
In Pickin v British Railways Board, the House of Lords held that courts:
- AWill not examine whether Parliament followed its internal procedures in passing an Act
- BMust investigate any allegation of fraud in Parliament
- CCan strike down a private Act if it is shown that Parliament was misled during its passage
- DCan review Acts for compliance with private bill rules
6.Medium
In the GCHQ case, the House of Lords held that the exercise of prerogative powers:
- ACan be judicially reviewed, depending on its subject matter
- BIs always fully reviewable, whatever subject matter it concerns
- CCan never be reviewed by the courts
- DCan be reviewed only if Parliament agrees
7.Hard
In R (Miller) v Secretary of State for Exiting the EU (2017), the UK Supreme Court held that:
- ADevolved legislatures had a veto over Brexit
- BThe government could give notice using prerogative powers without any Act of Parliament
- CThe referendum result was legally binding
- DParliamentary legislation was required to give notice of withdrawal from the EU
8.Hard
In Miller II (2019), the UK Supreme Court found the prorogation of Parliament unlawful because:
- AIt frustrated Parliament's constitutional functions without reasonable justification
- BIt was decided by a referendum
- CThe Queen refused to approve it
- DIt violated Article 3 of Protocol 1 ECHR by interfering with the right to free elections
Answer key
- 1. C · Read and give effect to legislation compatibly with Convention rights, so far as possible
- 2. A · Parliament transfers some powers to bodies in Scotland, Wales and Northern Ireland while remaining sovereign
- 3. A · The House of Representatives (Tweede Kamer) and the Senate (Eerste Kamer)
- 4. C · Disapplied parts of an Act of Parliament that conflicted with EU law
- 5. A · Will not examine whether Parliament followed its internal procedures in passing an Act
- 6. A · Can be judicially reviewed, depending on its subject matter
- 7. D · Parliamentary legislation was required to give notice of withdrawal from the EU
- 8. A · It frustrated Parliament's constitutional functions without reasonable justification
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