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Chapter 11 Multiple choice questions
Return to Public Law Concentrate 7e Student Resources
Chapter 11 Multiple choice questions
Quiz Content
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Which one of the following statements is false?
The
ultra vires
question may be answered by interpreting the words of a statute to determine what exactly the public body can do.
correct
incorrect
A public body might exceed its jurisdiction if it misinterprets its powers.
correct
incorrect
The court may be prepared to imply words into statutes and make a discretionary power subject to implied principles, undertakings, and duties.
correct
incorrect
The courts will never intervene where a statute confers a subjective discretionary power.
correct
incorrect
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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
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Which one of the following statements is false?
A public body must take into account relevant matters and discard anything irrelevant.
correct
incorrect
A decision must be made on sufficient and properly considered evidence.
correct
incorrect
There are two general grounds on which the exercise of an unqualified discretion can be attacked. It must not be exercised in bad faith, and it must not be so unreasonably exercised as to show that there cannot have been any real or genuine exercise of the discretion.
correct
incorrect
A public body may adopt a policy by which effectively shuts its ears to all applicants if it is in the public interest to do so.
correct
incorrect
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Which one of the following statements is the key principle in Congreve v Home Office [1976] QB 629
Statutory powers may not be used so as to defeat the policy and purpose of the Act.
correct
incorrect
Statutory powers may not be used to penalize conduct
correct
incorrect
Statutory powers may not be used to gain an unauthorized financial advantage.
correct
incorrect
A public body must exercise a discretionary power for the purpose for which it is granted. If a statute states the purposes for which discretion is to be exercised, the courts will treat the stated purposes as exhaustive. If the power is exercised for any other purpose the public body's action or decision will be ultra vires
correct
incorrect
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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
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