Diagnostic test

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. Which one of the following statements accurately defines the British Constitution?

A document or set of documents of special legal sanctity called a constitution. correct incorrect

A body of legal and political rules and arrangements concerning the government of the country. correct incorrect

A body of legal rules with which all the organs of government, including the UK legislature must comply correct incorrect

A body of legal rules requiring a special procedure to make and amend them and a special constitutional court to interpret them. correct incorrect

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. 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

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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 statements is true in respect of AV Dicey's formulation of the Rule of Law?

The rule of law is synonymous with social justice. correct incorrect

The rule of law is based on supremacy of law over arbitrary and wide discretionary power, equal subjection to the law and the origins of constitutional law in private law. correct incorrect

The Rule of Law is purely a political concept. correct incorrect

The separation of powers is part of the rule of law. correct incorrect

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. Which one of the following is a true statement of the constitutional principle in Entick v. Carrington (1765)?

The executive can do nothing without legal authority. Where a public authority claims to have the power to do something it must be able to identify the precise legal source of its powers. correct incorrect

The executive can act in the public interest. correct incorrect

State necessity is a defence to an action in the tort of trespass. correct incorrect

The action for trespass succeeded. correct incorrect

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. Which one of the following statements is false?

The legislative function is primarily responsible for making, unmaking, and amending the law. correct incorrect

The legislative function is subject to the judicial function of government. correct incorrect

The executive function gives effect to and enforces the law. correct incorrect

The primary judicial function is to interpret and apply the law, resolve disputes, provide remedies, and determine punishments when the law is breached. correct incorrect

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. Which one of the following statements is false?

The judiciary maintains order and manages public services. correct incorrect

The organ of government which carries out the legislative function is called the Legislature correct incorrect

The organs of government carrying out the executive function are collectively referred to as the executive. correct incorrect

The judicial organ of government is the judiciary. correct incorrect

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. Which one of the following statements is false?

At present the UK Legislature is the Queen in Parliament. correct incorrect

The membership of the House of Lords consists entirely of hereditary peers. correct incorrect

The UK Legislature is bicameral, consisting of two chambers, namely, the House of Lords and the House of Commons correct incorrect

The membership of the House of Commons consists entirely of elected members. correct incorrect

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. 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

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. Which one of the following statements is false in respect of the Parliament Acts 1911 and 1949?

There is no constitutional principle, or principle of statutory interpretation, which prevents a legislature from altering its constitution in accordance with the provisions of a statute which empowers it to do so for the purpose of altering the empowering statute. correct incorrect

The purpose of the Parliament Act 1911 was to restrict the power of the House of Lords to defeat bills which had been refused on two successive occasions. correct incorrect

Section 2(1) of the Parliament Act 1911 creates a parallel way in which any bill introduced into the House of Commons can become an Act of Parliament. correct incorrect

The Parliament Act 1949 is a valid Act of Parliament. correct incorrect

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. Which one of the following expresses the key features of the legislative sovereignty of Parliament recognised by AV Dicey?

Ordinary statutes can be overridden by the courts. Constitutional statutes cannot. correct incorrect

Any statute which is incompatible with fundamental human rights can be disapplied by the courts. correct incorrect

Parliament has the right to make or unmake any law whatsoever and no person or body has the right to override or set aside legislation. correct incorrect

The UK Parliament may bind future Parliaments to legislate in a particular way. correct incorrect

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. Which one of the following statements is true?

The British Constitution is monarchical. correct incorrect

The monarch is always chosen by Parliament when a monarch dies. correct incorrect

The monarch can sit as a judge in the House of Lords. correct incorrect

The monarch can raise an army without parliament's consent. correct incorrect

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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

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. Which one of the following statements is false?

The Privy Council coordinates policy and appointments through the Cabinet correct incorrect

The monarch participates in Cabinet debates. correct incorrect

The Privy Council makes Orders in Council which is a type of secondary legislation correct incorrect

The Privy Council hears judicial appeals from overseas jurisdictions. correct incorrect

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. Which one of the following statements is true?

The office of Prime Minister is a creature of convention and could be abolished without legal formality. correct incorrect

The office of Prime Minister was created by statute. correct incorrect

At common law a new government must be formed within a few days of the publication of the results of a general election correct incorrect

The monarch's powers to appoint and dismiss a Prime Minister are limited by statute and common law. correct incorrect

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. Which one of the following is not an institution of the European Union?

The Court of Justice of the European Union correct incorrect

The European Court of Human Rights correct incorrect

The Council of Ministers correct incorrect

The European Parliament correct incorrect

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. Under which statutory provision was 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

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. Which one of the following statements is false?

Judicial review allows a High Court Judge to examine the lawfulness of the decisions made by public bodies carrying out their public functions. correct incorrect

Judicial review is never available where there is a right of appeal against the decision of a public body. correct incorrect

'Public' means that the body making the decision is governmental and the decisions it makes concern the rights of citizens generally rather than purely private rights. correct incorrect

Judicial review allows the High Court to review enactments. correct incorrect

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. Which one of the following statements is true?

With the exception of cases involving alleged breaches of Convention Rights incorporated by Se1 of the Human Rights Act 1998, judicial review focuses on the way public bodies make their decisions. The basis of a judicial review claim is not that a decision is wrong, unless the decision is so wrong that no reasonable public body could have reached it. correct incorrect

In judicial review the court reverses the decision of the defendant public body. correct incorrect

The grounds for judicial review are always contained in the statute conferring powers on public bodies. correct incorrect

In judicial review the court replaces the decision of the defendant public body with its own decision on the merits of the claim. correct incorrect

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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 not a part of the principle of Wednesbury Unreasonableness?

A public body has reached a conclusion which is so absurd that no reasonable authority could ever have come to it. correct incorrect

A public body has acted in bad faith. correct incorrect

A public body has not directed itself properly in law. correct incorrect

A case has been wrongly decided on its merits involving a matter of fundamental public importance. correct incorrect

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. Which of the following statements is not one of the circumstances in which the principle of proportionality would be applied according to Lord Slynn in R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions (2003)?

The principle of proportionality will be applied where a court is asked to consider whether legislation is compatible with Convention rights correct incorrect

The principle of proportionality is relevant where the court is applying principles of European Union law. correct incorrect

Proportionality will be applied whenever a court is deciding whether to quash a penalty or punishment. correct incorrect

In mode of trial proceedings in the Magistrates' Court. correct incorrect

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. Which one of the following is a true statement of the rules of natural justice?

A public body shall not make a decision which is so absurd that no reasonable authority could ever have made to it. correct incorrect

A public body shall not act in bad faith. correct incorrect

A public body shall direct itself properly in law correct incorrect

No man is to be a judge in his own cause and that all the parties to a dispute shall be fairly heard. correct incorrect

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. 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

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. Which one of the following statements is false?

Before the HRA 1998 came into force, human rights protection in the United Kingdom was based on remedies contained in specific causes of action or penalties available through the criminal justice system. correct incorrect

During the twentieth century, human rights principles were developed in international law by the law of treaties and by international organizations correct incorrect

The European Convention is a treaty and, as such, could not, before the Human Rights Act 1998 came into force, give individual citizens directly enforceable rights in the UK courts. correct incorrect

The European Convention on Human Rights and Fundamental Freedoms guarantees social and economic rights as well as civil and political rights. correct incorrect

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. 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

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. Which one of the following is the current legal basis for a police officer's power to arrest a person without a warrant?

Christie v Leachinsky (1947) correct incorrect

Police and Criminal Evidence Act 1984 (ss 24–33) correct incorrect

Rice v Connolly (1966) correct incorrect

The Serious Organised Crime and Police Act 2005 correct incorrect

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. Which one of the following statements is false?

Nobody should be detained for longer than 24 hours without charge. correct incorrect

A police officer with the rank of superintendent (or above) can authorize detention for a further 12 hours. correct incorrect

Magistrates can authorize further detentions up to a maximum of 96 hours. correct incorrect

Once charged anyone can be detained for up to twenty eight days. correct incorrect