Chapter 15 Multiple choice questions

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. The House of Commons and the House of Lords never disagree on significant legislation.

True correct incorrect

False correct incorrect

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. What is the Salisbury-Addison Convention?

A constitutional convention which prescribes that the House of Lords should never reject a Government Bill introduced during the first year of its term in power. correct incorrect

A constitutional convention which prescribes that the House of Lords should not reject, at second or third reading, a bill mentioned in the governing party's general election manifesto. correct incorrect

A constitutional convention which prescribes that the House of Lords should always reject bills that depart from policy commitments made in the manifesto of the political party that wins the election and forms the government. correct incorrect

A constitutional convention which prescribes that the hereditary Conservative peers should never vote in the Lords during a Labour government. correct incorrect

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. Parliament regularly rejects Statutory Instruments.

True correct incorrect

False correct incorrect

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. Which of the following statements about the Parliament Acts 1911 and 1949 are correct? Please select all that apply.

The 1911 Parliament Act was the product of a constitutional crisis. correct incorrect

The 1911 Parliament Act marked a fundamental change in the British constitution. correct incorrect

The 1949 Parliament Act reduced the delaying power of the House of Lords from one year to six months. correct incorrect

The 1949 Parliament Act was passed using the procedure created by the 1911 Parliament Act. correct incorrect

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. H.W.R Wade argues that the 1911 Parliament Act _________ law-making capacity to the sovereign and House of Commons.

Your response

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. Which of the following arguments were advanced by the claimants in the Jackson case in the Administrative Court? Please select all that apply.

As a matter of construction the 1911 Act could not be used to amend itself and therefore the 1949 Act was unlawful, as it did not receive the approval of the House of Lords. correct incorrect

The procedure created by the 1911 Act is one of delegated legislation, and the holder of such delegated powers (the Commons and the sovereign) could not enlarge their own powers without the authority of the parent body: Parliament (composed of three elements). correct incorrect

Even if the legislation passed under the 1911 is not delegated legislation, it nevertheless created a subordinate legislature and a subordinate legislature cannot, without an express power, modify the conditions upon which it was created. correct incorrect

Parliamentary sovereignty invalidates the 1911 Act as it seeks to bind future parliaments as to the manner and form of legislation. correct incorrect

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. On what point did the Court of Appeal disagree with the Administrative Court in the Jackson case?

The Court of Appeal disagreed with the Administrative Court on the issue of whether the 1911 Act procedure could be used for any purpose other than those which are expressly excluded. correct incorrect

The Court of Appeal disagreed with the Administrative Court on the issue of whether the 1949 Act was a valid Act of Parliament. correct incorrect

The Court of Appeal disagreed with the Administrative Court on the issue of whether the Hunting Act 2004 was a valid act of Parliament. correct incorrect

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. Match the relevant legal point to the number of Law Lords that agreed on it in the House of Lords judgments in Jackson.

The courts have jurisdiction to consider whether the Parliament Act 1949 is valid.

Unanimous (they all agreed). Five out of nine agreed. Seven out of nine agreed. None agreed.

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The courts would not recognize as valid an 'Act' passed under the Parliament Act 1911 to extend the life of Parliament beyond five years.

Seven out of nine agreed. None agreed. Unanimous (they all agreed). Five out of nine agreed.

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The courts would not recognize as valid an 'Act' passed under the Parliament Act 1911 that purported to amend s.2(1) of the Parliament Act 1911 in order to permit the use of the Parliament Act procedure to extend the life of Parliament beyond five years.

Five out of nine agreed. Unanimous (they all agreed). Seven out of nine agreed. None agreed.

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The Parliament Act 1949 was not a valid Act of Parliament.

Unanimous (they all agreed). None agreed. Seven out of nine agreed. Five out of nine agreed.

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. Lord Bingham in Jackson: 'The 1911 Act did, of course, effect an important constitutional change, but the change lay not in authorising a new form of sub-primary parliamentary legislation but in creating a new way of enacting _______ legislation'.

Your response

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. Lord Bingham and his fellow Law Lords agreed with the Court of Appeal's view that the 1911 Act procedure could not be used to enact fundamental constitutional changes.

True correct incorrect

False correct incorrect

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. What did Lord Hope in Jackson describe as the 'ultimate controlling factor on which our constitution is based'?

The rule of law correct incorrect

Parliamentary Sovereignty correct incorrect

MPs correct incorrect

The House of Lords correct incorrect