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Chapter 2 Self-test questions
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Chapter 2 Self-test questions
Sources of constitutional law and constitutional conventions
Quiz Content
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Which one of the following statements is true?
The British Constitution is solely based on statutory and common law rules
correct
incorrect
Constitutional law consists of the law of the constitution and constitutional conventions.
correct
incorrect
Constitutional Conventions are part of the law.
correct
incorrect
Constitutional Conventions can become part of the Common Law in the same way that customs are capable of doing.
correct
incorrect
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Which one of the following statements is false?
Constitutional conventions are not binding on anyone.
correct
incorrect
The laws of the constitution are enforceable in the courts.
correct
incorrect
The conventions of the constitution are binding political rules which are not enforceable in the courts.
correct
incorrect
'Unenforceable' means that there is no remedy for breach of a convention.
correct
incorrect
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Which one of the following is an accurate statement of Sir Ivor Jenning's test which was judicially accepted by the Canadian Supreme Court
in Reference Re Amendment to the Constitution of Canada (1982)
?
The courts have no jurisdiction to enquire into whether a constitutional convention exists.
correct
incorrect
Constitutional Conventions cannot be stated with the same clarity as legal rules.
correct
incorrect
The existence of a constitutional convention can be determined by asking:• what are the precedents? • do the actors in the precedents believe that they are bound by a rule? • is there a reason for the rule?
correct
incorrect
There is no judicially accepted test.
correct
incorrect
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Which one of the following statements is not a constitutional convention?
The monarch will grant the Royal Assent as a matter of course to a bill which has either been passed by the House of Commons and the House of Lords or has received the assent of the House of Commons under the
Parliament Acts 1911
and
1949
.
correct
incorrect
Every bill which has passed the necessary parliamentary stages must receive the Royal Assent in order to become an Act of Parliament.
correct
incorrect
His/Her Majesty's Government must have the confidence of a majority in the House of Commons.
correct
incorrect
Members of the Cabinet do not voice dissent on government policy once a decision is taken. A Cabinet Minister who cannot sustain a Cabinet decision should resign.
correct
incorrect
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Which one of the following statements is true?
The court enforced the convention of collective cabinet responsibility in
Attorney General v Jonathan Cape Ltd
(1975).
correct
incorrect
The basic legal principle applied by the judge was that the courts have jurisdiction to restrain publication of Cabinet material provided it can be shown that: • such publication will be a breach of confidence; • publication will be against the public interest in that it would prejudice the maintenance of the doctrine of collective cabinet responsibility; and • there is no other facet of the public interest in conflict with and more compelling than that relied upon.
correct
incorrect
Constitutional Conventions are capable of limiting the sovereignty of parliament.
correct
incorrect
There is a binding constitutional convention that there must be a referendum before a constitutional statute is passed.
correct
incorrect
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Which one of the following statements is false?
The courts never consider constitutional conventions.
correct
incorrect
Although the courts do not grant remedies for breach of constitutional conventions, they do sometimes look at them, at least indirectly, in the course of legal proceedings.
correct
incorrect
The courts may be prepared to take constitutional conventions into account and give an opinion as to their existence and extent.
correct
incorrect
The courts can take notice of constitutional conventions, and sometimes use them, for example, to aid in the interpretation of statutes or of commonwealth constitutions.
correct
incorrect
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