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Diagnostic Test
Return to Public Law Concentrate 6e Resources
Diagnostic Test
Quiz Content
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not completed
.
Which one of the following statements is true?
The British Constitution is unwritten.
correct
incorrect
Where no special process is required to amend a constitution it is called rigid.
correct
incorrect
The United Kingdom is an example of a state in which there is a complete separation of powers.
correct
incorrect
In a federal state the federal organs of government are subordinate to regional organs of government.
correct
incorrect
*
not completed
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Which one of the following statements is false concerning the key characteristics of the British Constitution?
The UK Head of State is a King or Queen whose entitlement to the throne is determined by the hereditary principle.
correct
incorrect
In the United Kingdom Constitutional Law forms the fundamental law of the nation and an Act of Parliament which is repugnant to the British Constitution is void.
correct
incorrect
The British Constitution is subordinate to the legislature.
correct
incorrect
The British Constitution is flexible.
correct
incorrect
*
not completed
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Which one of the following statements is true in respect of the characteristics of the British Constitution?
The British Constitution is a multi party system underpinned by liberal pluralism in which the government is accountable to Parliament and the courts..
correct
incorrect
The United Kingdom is a one party state.
correct
incorrect
The members of the UK government are accountable to the monarch for their actions.
correct
incorrect
The monarch is accountable to Parliament.
correct
incorrect
*
not completed
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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
*
not completed
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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
*
not completed
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Which one of the following is not one of the key features of government according to law?
Public bodies exercising statutory duties must do what the statute requires them to do.
correct
incorrect
The courts are duty bound to correct any abuse of power by the executive and the judges are free to exercise this jurisdiction independently.
correct
incorrect
The law cannot be enforced by the courts against a minister of the Crown acting in his official capacity.
correct
incorrect
The judiciary enforce the law against individuals, institutions, and the executive.
correct
incorrect
*
not completed
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Which one of the following statements is false?
Judges preserve the rule of law.
correct
incorrect
A decision to punish an offender with imprisonment may be made by the executive as well as a court of law.
correct
incorrect
Common law rules governing access to the judicial system and judicial review form the cornerstone of the rule of law.
correct
incorrect
Judges must interpret any statute which potentially threatens the rule of law in so that it will not achieve this end.
correct
incorrect
*
not completed
.
Which one of the following statements is false in respect of subjective discretionary powers?
In carrying out its functions, the judiciary gives Parliament and the executive no latitude whatsoever where national security is concerned.
correct
incorrect
Indefinite imprisonment without charge is contrary to the rule of law because it deprives the detained person of the protection given to them by the process of criminal trial.
correct
incorrect
The primary burden of protecting national security rests with the executive.
correct
incorrect
The role of the judiciary, in a legal system based on the rule of law, is to make sure that legislation and ministerial decisions do not overlook the human rights of those adversely affected and that both Parliament and the executive give due weight to fundamental rights and freedoms.
correct
incorrect
*
not completed
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Which one of the following statements is true under the separation of powers?
The UK Parliament's right to make whatever laws it thinks fit is challengeable under the separation of powers.
correct
incorrect
Parliament, the executive, and the courts each have their distinct and largely exclusive domain.
correct
incorrect
The judiciary plays an administrative role in governing the country.
correct
incorrect
The executive interprets and applies the law.
correct
incorrect
*
not completed
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Which one of the following statements is false in connection with Lord Hailsham's idea of elective dictatorship?
Parliamentary sovereignty means that Parliament's legislative powers are absolute and unlimited.
correct
incorrect
As a result of changes in its operation and structure, the absence of any legal limitation on the legislative powers of Parliament is unacceptable.
correct
incorrect
We live in an elective dictatorship, absolute in theory, if hitherto thought tolerable in practice.
correct
incorrect
Parliament ultimately controls the Government.
correct
incorrect
*
not completed
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Which statute imposes a duty on government ministers to uphold the independence of the judiciary, barring them from trying to influence judicial decisions by special access to judges?
The Act of Settlement 1700
correct
incorrect
The Constitutional Reform Act 2005
correct
incorrect
The
Senior Courts Act
1981
correct
incorrect
The Tribunals and Inquiries Act 1992
correct
incorrect
*
not completed
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Which one of the following statements is false?
The monarch is the supreme executive officer of the state.
correct
incorrect
The monarch is automatically empowered to act as a priest in the Church of England.
correct
incorrect
The monarch is the Commander in Chief of the Army, Navy and Air Force.
correct
incorrect
The monarch is head of the Judiciary and the Legislature.
correct
incorrect
*
not completed
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Which of the following is not one of the special privileges and immunities of the monarch?
The monarch is never an infant.
correct
incorrect
The monarch can do no wrong.
correct
incorrect
The monarch can sit in the House of Commons.
correct
incorrect
The monarch never dies.
correct
incorrect
*
not completed
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Which one of the following statements is false?
Only the monarch has the power to dissolve and summon Parliament.
correct
incorrect
The monarch appoints and dismisses ministers.
correct
incorrect
The prerogative powers exercised by the monarch include the grant of honours.
correct
incorrect
Treaties are a legislative act of Parliament.
correct
incorrect
*
not completed
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Which one of the following statements is false?
Members of the Cabinet are all members of the Privy Council.
correct
incorrect
Members of the Cabinet are accountable only to the monarch.
correct
incorrect
The Cabinet determines the policy submitted to Parliament, including decisions as to the contents of the Queen's Speech and the legislative timetable.
correct
incorrect
The Cabinet determines broad economic policies within which the Chancellor of the Exchequer formulates the budget.
correct
incorrect
*
not completed
.
Which one of the following is a key feature of devolution within the United Kingdom?
Legislative and executive powers within the United Kingdom have been given to legislative and executive organizations in Scotland, Wales, and Northern Ireland.
correct
incorrect
The United Kingdom is now a federal state.
correct
incorrect
The Welsh Assembly has the power to raise taxes to fund the Welsh Assembly Government.
correct
incorrect
All executive powers have devolved to the Scottish Government.
correct
incorrect
*
not completed
.
Which of the following statutes created the Welsh Assembly Government?
The Government of Wales Act 1998
correct
incorrect
The Local Government (Wales) Act 1994
correct
incorrect
The Government of Wales Act
2006
correct
incorrect
The Local Government Act 1972
correct
incorrect
*
not completed
.
Which one of the following statements is true?
The primary function of the House of Lords is to scrutinize and revise bills which have passed the House of Commons.
correct
incorrect
The House of Lords has no power to veto any bill which has passed the House of Commons.
correct
incorrect
Hereditary peers cannot give up their peerages to stand for election to the House of Commons.
correct
incorrect
The House of Lords has the power to extend the life of Parliament beyond five years in a national emergency.
correct
incorrect
*
not completed
.
Under which statutory provision may UK citizens who live abroad vote if they have been resident in the United Kingdom and registered as voters within the previous twenty years?
The Representation of the People Act 1983
correct
incorrect
The Representation of the People Act 1989
correct
incorrect
The Political Parties, Elections and Referendums Act 2000
correct
incorrect
The Representation of the People Act 2000.
correct
incorrect
*
not completed
.
Which one of the following statements is false concerning elections to the House of Commons?
The responsibility for the conduct of elections lies with the returning officer who is either the sheriff of the county or mayor of the borough, depending on the constituency.
correct
incorrect
Voting is by secret ballot.
correct
incorrect
The candidate who receives the highest number of votes in each constituency is returned as the Member of Parliament for that constituency.
correct
incorrect
A candidate must obtain a minimum percentage of the total vote to be elected.
correct
incorrect
*
not completed
.
Which one of following statements is false in respect of the devolution of the legislative function within the United Kingdom?
Acts of the Scottish Parliament are subordinate legislation because they owe their validity to the
Scotland Act 1998
, can be set aside by the courts and overridden by Acts of the UK legislature.
correct
incorrect
The Scottish Parliament has taxation powers limited to altering the basic rate of income tax by three pence in the Pound.
correct
incorrect
The National Assembly for Wales has no direct legislative powers.
correct
incorrect
Part 4 of the
Government of Wales Act 2006
contains provisions for a referendum to be held to determine whether the Welsh Assembly should be given full legislative powers.
correct
incorrect
*
not completed
.
Which one of the following statements is true?
The courts have the power to declare a statute void if it is contrary to the rules of natural justice.
correct
incorrect
If Parliament chooses to do something the courts cannot hold the resulting Act of Parliament invalid.
correct
incorrect
An Act of Parliament which is contrary to the laws of God in scripture is invalid.
correct
incorrect
An Act of Parliament which is impossible to enforce can be set aside by the courts.
correct
incorrect
*
not completed
.
Which one of the following statements is true?
Implied repeal may occur where Parliament enacts successive statutes which on the true construction of each of them make irreducibly consistent provisions. In such a case the outcome is that the earlier statute is impliedly repealed by the later.
correct
incorrect
Constitutional statutes cannot be expressly repealed.
correct
incorrect
Any statute may be impliedly repealed.
correct
incorrect
A statute may provide that it cannot be impliedly repealed.
correct
incorrect
*
not completed
.
Which one of the following is a key feature of the EU Charter of Fundamental Rights?
It is automatically incorporated into UK law.
correct
incorrect
It replaces the European Convention on Human Rights and Fundamental Freedoms.
correct
incorrect
It sets out in a single text, for the first time in the European Union's History, the whole range of civil, political, economic and social rights of European citizens and all persons resident in the EU.
correct
incorrect
It overrules the constitutional traditions of Member States.
correct
incorrect
*
not completed
.
Which one of the following statements is false?
It is a principle of EU law that Member States are obliged to make good any loss and damage caused to individuals for breaches of EU law for which they can be held responsible.
correct
incorrect
The result prescribed by the Directive should entail the grant of rights to individuals.
correct
incorrect
It should be possible to identify the content of those rights on the basis of the provisions of the directive.
correct
incorrect
All the claimant has to prove is breach of the state's obligation.
correct
incorrect
*
not completed
.
Under which statutory provision is legal effect given in the United Kingdom to any rights and obligations created by the EC treaties?
European Communities Act 1972
Section 3
correct
incorrect
European Communities Act 1972
Section 2
correct
incorrect
Human Rights Act 1998
correct
incorrect
The Equal Pay Act 1970
correct
incorrect
*
not completed
.
Which one of the following is the constitutional basis of judicial review?
Common Law
correct
incorrect
Statute
correct
incorrect
The rule of Law and the separation of powers.
correct
incorrect
Equity
correct
incorrect
*
not completed
.
Which one of the following statements is false?
The courts look at the origins, history, constitution, and membership of an organization to determine if it is a public body.
correct
incorrect
A body may be subject to judicial review even if its powers are solely based on agreement if effective public law remedies are available.
correct
incorrect
A body whose origin and constitution owes nothing to governmental control may be subject to judicial review if it has been woven into the fabric of governmental control or statutory regulation.
correct
incorrect
A body may be subject to judicial review if it has functions normally carried out by an organ of government or is doing something which would be done by an organ of government if the body in question did not exist.
correct
incorrect
*
not completed
.
Which one of the following statements is the key principle in Coleen Properties v Minister of Housing and Local Government [1971] 1 WLR 433
The court must look at how the decision-maker strikes a balance with fundamental rights.
correct
incorrect
Proportionality may go further than the traditional grounds of review
correct
incorrect
The intensity of the review, in similar cases, is guaranteed by the twin requirements that the limitation of the right was necessary in a democratic society, in the sense of meeting a pressing social need, and the question of whether the interference was really proportionate to the legitimate aim being pursued
correct
incorrect
A public body must base its conclusions of fact on the evidence before it. A public body's decision can be challenged by judicial review on the ground that it has ignored relevant evidence, or has misinterpreted evidence or has unreasonably made a decision which is contrary to the weight of the evidence presented to it during the decision-making process.
correct
incorrect
*
not completed
.
Which one of the following statements is true?
A public body must take into account relevant matters and discard anything irrelevant. Where the relevant considerations are expressly stated in a statute any deviation will make a decision invalid
correct
incorrect
If the statute does not specify the purposes for which discretion may be exercised, the court cannot intervene.
correct
incorrect
If a statute specifies the purposes for which a discretionary power may be exercised the courts will allow a public body to act for a different purpose if this is in the public interest.
correct
incorrect
A public body may exercise its powers for any purpose whatsoever provided that one of them is allowed by the empowering statute.
correct
incorrect
*
not completed
.
Which of the following cases supports the outcomes is all approach to judicial review?
Council of Civil Service Unions v Minister for the Civil Service
[1985]
AC 374
correct
incorrect
R v Gaming Board ex parte Beniam and Khaida
(1970)
correct
incorrect
R v Barnsley MBC ex parte Hook
(1976)
correct
incorrect
R (on the application Nasseri) v Secretary of State for the Home Department
(2010).
correct
incorrect
*
not completed
.
Which of the following statements is the key principle in Ridge v Baldwin [1964] AC 40
The rules of natural justice apply only to the proceedings of courts and tribunals
correct
incorrect
The rules of natural justice apply to all public bodies.
correct
incorrect
Proportionality will be applied whenever a court is deciding whether the rules of natural justice have been breached
correct
incorrect
The rules of natural justice are capable of applying in principle where an administrative body acts judicially.
correct
incorrect
*
not completed
.
Which one of following statements is false?
The rules of natural justice are that no man is to be a judge in his own cause and the parties to a dispute shall be fairly heard.
correct
incorrect
The rules of natural justice are capable of applying in principle where an administrative body acts judicially.
correct
incorrect
The requirements of natural justice depend, among other things, on the circumstances of the case; the nature of the inquiry; the rules under which the tribunal is acting; and the subject matter.
correct
incorrect
The party alleging bias has to prove that the adjudicator
was
biased.
correct
incorrect
*
not completed
.
Which one of the following statements is true?
Section 2 of the
Human Rights Act 1998
compels the UK courts to apply all internationally recognized human rights standards and principles as if they were a part of UK law.
correct
incorrect
Section 3 of the
Human Rights Act 1998
gives the British courts jurisdiction to disapply the provisions of an Act of Parliament
correct
incorrect
The
Human Rights Act 1998
compels the UK courts to provide effective remedies in cases where rights guaranteed by the European Convention are violated.
correct
incorrect
The
Human Rights Act 1998
creates Convention Rights, set out in Section 1 and Sched 1 of the Act, incorporated into UK Law from the European Convention on Human Rights and Fundamental Freedoms.
correct
incorrect
*
not completed
.
Which one of the following statements is false?
Section 6(1) of the
Human Rights Act 1998
makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.
correct
incorrect
The definition of public authority in Section 6(3)
of the
Human Rights
A
ct 1998
includes anyone whose functions are of a public nature.
correct
incorrect
All claims involving human rights issues must be brought within one year.
correct
incorrect
If a public authority infringes a Convention right, it is possible, under
s 7
, for victims to use the Act against it as a ground for judicial review on the basis of 'illegality' or in private law proceedings for breach of statutory duty or as a defense.
correct
incorrect
*
not completed
.
Which of the following statutes provides the legal definition of terrorism and proscribes terrorist organisations?
The Terrorism Acts 2000
and
2006
correct
incorrect
The Anti-Terrorism, Crime and Security Act 2001
correct
incorrect
The Prevention of Terrorism Act 2005
correct
incorrect
The Serious Organised Crime and Police Act 2005
correct
incorrect
*
not completed
.
Which of the following is not a criminal offence under the
Terrorism Act 200
0 as amended
?
Acts preparatory to terrorism
correct
incorrect
Incitement or encouragement to terrorism.
correct
incorrect
Dissemination of terrorist publications
correct
incorrect
Trespassory Assembly.
correct
incorrect
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