Chapter 2 Self-test questions

What is the primary function of a constitution?

To allocate state power.

To regulate the conduct of private parties.

To protect fundamental rights.

To create a national identity.

The existence of a constitution automatically guarantees good governance.

True

False

There are many features which constitutions all over the world share. However, the UK constitution is different from the norm in a number of respects. Which of the following 'generic' constitutional features is also a feature of the UK constitution?

Constitutional law holds a special 'status' as 'higher law'.

Constitutional law is permanent.

Legislation which conflicts with constitutional principles is invalid.

Constitutional principles are politically important.

The Anti-Terrorism, Crime and Security Act 2001 conferred 'extraordinary powers' upon the executive; its provisions were criticised by members of the House of Lords, political commentators and, ultimately, the courts. Given that one of Parliament's roles is effective scrutiny of legislation, which constitutional features help explain why this legislation was able to pass in such a short amount of time? Select all that apply.

The party in power had a very strong majority in the Commons, removing effective party-political opposition.

The European Court of Human Rights (ECtHR) had already approved of the bill's provisions.

The House of Lords is subject to a number of limits, and is generally reluctant to intervene in contested political matters.

The legislature's powers are very substantial.

What was the outcome of the Belmarsh case?

The House of Lords upheld the Anti-terrorism, Crime and Security Act 2001 in its entirety.

The House of Lords declared parts of the Anti-terrorism, Crime and Security Act 2001 incompatible with European Union Law.

The House of Lords declared that parts of the Anti-terrorism, Crime and Security Act 2001 were in theory incompatible with the European Convention on Human Rights, but that those rights had been validly suspended because of the emergency situation.

The House of Lords declared that parts of the Anti-terrorism, Crime and Security Act 2001 were incompatible with the European Convention on Human Rights, and that those rights remained in force notwithstanding what the government considered to be a public emergency.

When a court issues a declaration of incompatibility under the Human Rights Act (as occurred in the Belmarsh case), this invalidates the law in question.

True

False

When prisoners are incarcerated, they automatically lose their rights, unless these are specifically provided by statute.

True

False

Courts can sometimes use constitutional principles as a 'check' on the actions of certain parties. In judicial review proceedings, against which of the following are constitutional principles enforceable? Select all that apply.

Primary legislation

Secondary legislation

Acts of the Scottish Parliament

Decisions of Ministers

Which changes were made by the Constitutional Reform Act 2005? Select all that apply.

Reshaping the role of the Lord Chancellor, including limiting their judicial role.

Establishing the election of judges to the High Court.

Establishing the UK Supreme Court in place of the Appellate Committee of the House of Lords.

Limiting the tenure of judges to 10 years.

Quiz Content