Chapter 6 Self-test questions

General elections in the United Kingdom serve a number of functions. Which of the following options accurately describe the functions of general elections in the United Kingdom? Select all that apply.

Members of the House of Commons are selected.

Members of the House of Lords are selected.

The Prime Minister is directly elected.

The government is indirectly selected.

The UK Parliament features two bodies which pass legislation, the House of Commons and the House of Lords. This sort of system, featuring two legislative chambers, is called a _____ system.

Which of the following are limits which currently apply to the conduct of candidates and political parties for General Elections in the UK? Select all that apply.

Constituency-level spending limits

National spending limits

Ban on paid-for advertising by political parties on broadcast media

Ban on paid-for advertising by political parties on social media

Which of the following are current categories of 'peers' or members of the House of Lords? Select all that apply.

Church of England bishops and archbishops

Elected peers

Hereditary peers

Life peers

How do the Parliament Acts 1911 & 1949 limit the powers of the House of Lords?

Money bills can only be delayed by one month; non-money bills can only be delayed by one Parliamentary session.

Money bills cannot be passed without the Lords' consent; non-money bills can only be delayed by one year.

Money bills can only be delayed by one month; non-money bills can only be delayed by two years.

Money bills can only be delayed by one month; non-money bills can be delayed indefinitely.

Which two of the following are elements of parliamentary privilege? Select two answers.

Freedom of speech

Exclusive cognisance

Freedom of religion

Access to documents

In the Cherry/Miller case (2019), the Supreme Court refused to review the prorogation of Parliament because such an action was covered by Parliamentary privilege and thus a matter for Parliament, not the courts.

True

False

According to the leading case law, can judges refer to Hansard (the official record of Parliamentary debates) when interpreting legislation? Which of the following most accurately describes the legal position?

Judges can and should look to Hansard whenever they please.

Judges may look to Hansard as an aid to interpreting ambiguous legislation.

Judges may look to Hansard when dealing with cases which directly involve MPs.

It is prohibited for judges to look to Hansard.

Whilst the legislature is the body which passes UK legislation, the (executive) government's role is arguably much more important. Which of the following accurately describes Parliament's role in the legislative process?

Parliament's role is limited to authoring legislative proposals.

Parliament's role is limited to the use of veto powers.

Parliament's role is mostly limited to scrutinising, debating and amending government Bills, but Private Members' Bills can be enacted as law.

Parliament has no impact on the content of legislative proposals put forward by the government.

During the Committee stage of the legislative process parliamentary departmental select committees sometimes scrutinise legislation.

True

False

Certain bills can be pushed through Parliament with relative speed. The Anti-Terrorism, Crime and Security Act is one such example of an Act which was passed through this procedure, called the _____ procedure.

A counter-majoritarian conception of democracy holds that true democratic representation ought to take into account the interests of many different actors, rather than just the most popular or powerful one.

True

False

Wade makes a number of comments about whether Parliament can bind its successor, and in particular whether it can entrench legislation (or protect it from implied repeal). Which of the following are aspects of his view? Select all that apply.

Parliament cannot entrench legislation absolutely, but it can protect it from implied repeal.

Parliament cannot entrench legislation to a degree and protect it from implied repeal.

Parliament has 'continuing sovereignty', a notion derived from the political reality of the situation.

Parliament cannot alter the rule of recognition in force in a legal system.

Which of the following cases can be said to counter Wade's view of continuing sovereignty and impossibility of Parliament binding a future self?

Jackson v Attorney General

Ahmed v HM Treasury

Bradlaugh v Gosset

Pepper v Hart

The legal theorist Trevor Allan agrees with Wade's view of Parliamentary sovereignty, and believes that Parliament is not subject to any meaningful restraints.

True

False

In the case of UNISON Lord Reed declared the laws relating to tribunal fees unlawful, on grounds that they were incompatible with the idea of access to justice. How did Lord Reed relate this to Parliamentary sovereignty?

Parliament had passed legislation which prohibited tribunal fees – the government was therefore acting incompatibly with a primary statute.

Parliament had passed the Human Rights Act – therefore, the government was breaching that legislation by passing fees which interfered with the right to a fair trial.

Because individuals must be able to access courts in order to make use of their statutory rights, the notion of access to justice facilitates sovereignty. The fees in question went against this notion and were invalid.

Access to justice allows primary legislation to be scrutinised and evaluated by judicial actors, improving the laws passed by Parliament, enhancing its sovereignty.

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