Chapter 5 Self-check questions

. Which of the following definitions is the most accurate way of defining the rule of law?

That public bodies and government officials are equally subject to the law and must adhere to it.

That judges have to rule on cases in a fair, though not necessarily legal way.

That the decisions of public authorities can be invalidated for not complying with fairness or equality.

That private individuals are given more protection than government ministers because they are less powerful.

. Why is the Magna Carta a significant milestone in the history of the constitution?

Because it was the first time the rule of law was mentioned and defined in legislation.

Because it created universal rights and freedoms for all people.

Because it enshrined the principle of parliamentary sovereignty.

Because it is the first historical document where a political leader conceded to the spirit of the rule of law.

. Which of the following best encapsulates the difference between public and private law?

Public law relates exclusively to matters between individuals and the state or authorities, whereas private law relates to how individuals interact with one another.

Public law relates exclusively to criminal matters, whereas private law relates to all other types of law.

Public law is about contracts and how they are enforced, whereas private law is about how individuals interact with each other.

Public law rests on decisions made by judges in previous cases, whereas private law relates to matters already legislated for by Parliament.

. The UK legal system is built on a number of different sources of law. What does the term 'Common Law' refer to?

Legislation created by government, after being given rule-making powers by Parliament

Law and principles developed by judges over time

Law passed by the House of Commons and the House of Lords

Law dealing with disputes arising between people

. Which of the following statements summarizes the main difference in pedigree between secondary and primary legislation?

Secondary legislation is created by the government or another body to which parliament has delegated law-making powers.

Secondary legislation only requires the approval of one of the houses of Parliament.

Secondary legislation is created by the courts.

Secondary legislation cannot be struck down or reviewed by the courts.

. How did the Constitutional Reform Act 2005 affect the structure of the legal system and UK courts?

It ensured the application of the rule of law.

It established the independence of the UK Supreme Court.

It gave senior judges the ability to be less deferential when challenging government decisions.

It established the role of Lord Chancellor.

. Three basic principles guide the conduct of judges: judicial independence, impartiality, and integrity. Which of the following explanations is an extension of the principle of independence?

It means that a judge is primarily accountable to the law that he or she administers.

It means that judges should separate their personal interests from their professional judicial role.

It means that judges should manage their financial affairs in a prudent manner.

It means that judges should be free from any political influences and publicity.

. Judicial review is often described as a cornerstone of public law. But what is the purpose of judicial review?

It allows the courts to strike Acts created by Parliament

It allows public authorities to justify their decisions to bodies of the state.

It allows individuals to challenge the decisions of other private individuals.

It allows individuals to challenge a public authority for violating public law.

. Over time, the courts have developed various principles of administrative law, including the principle of legality. Which of the following definitions extends from legality?

Giving individuals the right to be heard

Acting within the proper scope if powers and not exercising them for an improper purpose

Following proper reasoning in administrative decisions

Ensuring that all administrative decisions are compatible with convention rights

. Which of the following features does not relate to human rights?

They are about basic entitlements.

They can be either socio-economic or political.

They have been seen as privileges in the past.

They do not apply to prisoners or terrorist suspects.

. Why is a lack of diversity in the senior judiciary problematic?

Because judges make decisions on behalf of the community and need to represent a wide range of views

Because the Equality Act 2010 makes it illegal to not have a representative judiciary

Because it violates the public law principle of fairness

Because it demonstrates the Judicial Appointments Commission discriminates against those from ethnic minority backgrounds

. The data indicates that over the last two decades the number of crimes collectively has been in decline. Why are such figures not a reliable indicator of trends in how the criminal law has been broken?

Because the data does not reveal the precise number of incidents per year.

Because the data does not reveal complex patterns such as the rise of hate crimes.

Because the data does not reveal the number of police authorities and those responding to crimes.

Because the data does not reveal which crimes increase and which ones decrease.

. Human rights are a cornerstone of a democratic society. But why has the protection of human rights often been a subject of long-standing controversy in UK politics?

Because human rights only became a major part of UK law because of international treaty obligations.

Because giving criminals human rights prevents them from being punished properly.

Because human rights have largely been invented by judges.

Because human rights are universal and vulnerable to abuse.

. The European Convention on Human Rights (ECHR) contains several key rights including the Right to liberty and security. What does this right mean?

People should only be detained in accordance with clearly defined procedures, such as arrest and trial.

People should be presumed innocent until proved guilty and are entitled to a fair trial.

People's privacy should not be interfered with except on justifiable grounds of security.

People can disseminate and receive opinions of their choosing.

. Over the last 70 years, the role of the courts has increased and changed, causing a great deal of controversy. Which of the following reasons is not a valid reason for limiting judges' role in the UK?

Judges should not rule on political matters because they are supposed to be impartial referees.

Judges impede the process of government by allowing an excessive number of judicial reviews, which has wasted a great deal of public time and money.

Judges have developed their own complete strike down powers to invalidate legislation.

Judges can now overrule politicians but have not been authorized to do so by the electorate.

Chapter 5 Self-check questions

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