Chapter 3 End-of-chapter questions

Which of the following statements accurately describe the legal effects of the rule of law in the United Kingdom? Select all that apply.

It allows the courts to declare Acts of parliament invalid.

It normally determines the validity of government action and delegated legislation: such action and legislation will be unlawful unless it is clearly authorised by an Act of Parliament.

It gives the courts the power to veto political appointments.

It influences the courts when they interpret legislation: whenever possible, courts interpret legislation in a way that gives effect to rule of law principles.

The contours of the UK's constitution may be subject to debate, but there is no doubt that such a constitution exists. Both Parliament and the courts have unique roles to play in terms of identifying, shaping and applying the constitution. Which of the following statements provides the most accurate account of this? Select the single best answer.

Much of the UK's constitution is to be found in legislation; any constitutional legislation can be lawfully classified as 'constitutional' legislation by the government and the courts if it meets certain criteria. The Human Rights Act is one example of constitutional legislation passed by Parliament. Courts also have a significant role. They are tasked with interpreting and applying constitutional legislation. They develop and apply constitutional common law rights, which bind both the government and the legislature. They are also responsible for ensuring that any legislation is passed in a way which is compliant with a substantive conception of the rule of law. International law treaties and norms can also influence the UK constitution, and courts can play a pivotal role in ensuring that these treaties are applied in practice.

Much of the UK's constitution is to be found in two sources: domestic law and international law. On the domestic level, much legislation which is identical to 'regular' legislation in form can have a constitutional status if it is designated as 'constitutional' legislation by the government. The Human Rights Act is one example of constitutional legislation passed by Parliament. International law treaties and norms can also become part of the UK constitution, owing to their special political importance. In light of this, courts have only a limited role. Their main job is to apply constitutional legislation to the facts of cases and they have no other legitimate role to play in developing the UK constitution.

Much of the UK's constitution is to be found in legislation which, in form, is identical to 'regular' legislation and passed by ordinary procedures. The Human Rights Act is one example of constitutional legislation passed by Parliament. In light of this, courts have only a limited role. They are tasked with interpreting and applying constitutional legislation, but have no other significant role to play; the common law has no bearing on the constitution and the rule of law operates only as a rhetorical device. International law treaties and norms can, however, influence the UK constitution.

Much of the UK's constitution is to be found in legislation which, in form, is identical to 'regular' legislation and passed by ordinary procedures. The Human Rights Act is one example of constitutional legislation passed by Parliament. Courts also have a significant role. They are tasked with interpreting and applying constitutional legislation. They are also the body responsible for recognising which legislation has 'constitutional' status. They develop and apply constitutional common law rights, which bind the government but not the legislature. They are also responsible for guarding the rule of law. International law treaties and norms can also influence the UK constitution.

The judiciary has an important role to play in the UK's constitutional framework. It is simplistic to say that judges simply apply the law to the facts of cases before them in a mechanical fashion. In reality, judges are able to exercise considerable power, notwithstanding constraints such as the supremacy of Parliament. Which of the following statements relating to judicial power are accurate? Select all that apply.

Judges must approve of any laws which are passed by the executive without Parliament's approval.

Judges are able to develop and apply the 'common law', which extends across significant areas of private law, such as contract and tort.

Judges retain the ultimate authority to interpret statutes. Interpretation may not always be literal; judges can infuse their interpretation with various constitutional principles.

Judges can enforce international law, which automatically overrides national law once the government signs up to it.

Judges can invalidate primary legislation on the ground that it does violence to a substantive conception of the rule of law, at least in exceptional circumstances.

Judges develop and apply constitutional common law rights, which bind the government and inform the interpretation of statutes.

As you have seen in this chapter, constitutional law is not straightforward, and there are a number of serious issues, some of which go to the very heart of the domestic constitutional order, which remain unresolved or open for debate. In that light, which of the following statements are accurate? Select all that apply.

The nature of the rule of law remains controversial – some defend a purely formal conception, whilst others argue for a more substantive version.

The existence of the UK's constitution remains debatable.

The question of whether the UK should adopt a codified constitution remains open and unsettled.

The power of Scotland, Northern Ireland and Wales to make laws of their own presents a tricky theoretical problem which remains unresolved.

The powers of devolved institutions are fixed and are very unlikely to change in the foreseeable future.

The relationship between the Human Rights Act 1998 and the rule of law remains controversial, particularly in regards to whether it gives effect to a formal conception of the rule of law, and the continued relevance of constitutional principles.

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