Chapter 22 Multiple choice questions

. Which two legal principles distinguish the EU as a supranational as opposed to international legal order? Please select all that apply.

The rule of law and legality

Direct effect and supremacy

Accountability and integrity

Subsidiarity and independence

. EU law is not supreme over a member states' fundamental national constitutional rules.

True

False

. When joining the EU, the UK government focused solely on the economic benefits of membership and downplayed the ____________ implications.

. In essence, what did Lord Denning say about the sovereignty of the UK in Blackburn v Attorney General [1971] 1 WLR 1037?

Once the UK enters the EEC, a future Parliament can never withdraw from it because of the doctrine of sovereignty

The sovereignty of the UK is untouchable by a supranational organisation.

If the sovereignty doctrine reflects political life in the UK, then it must be able to explain those instances in which Parliament abandons its sovereignty over particular territories.

The UK government cannot abdicate its overall sovereignty

. Match the nation to its 'Leave' percentage in the EU referendum on 23 June 2016.

44.2%

.

38%

.

52.5%

.

53.4%

. In R (Miller) v Secretary of State for the European Union [2017] UKSC 5, Lord Neuberger held that in implementing a referendum result that requires a change of the law of the land, which statute has not provided for, the change in the law must be made in the only way in which the UK constitution permits, namely through Parliamentary ___________.

. In Miller, why did the Supreme Court not offer a comprehensive answer to the question of whether the UK government was legally obliged to secure the consent of the devolved legislatures (the Sewel Convention)?

It was a question that had to be decided by the judiciary of a devolved entity.

The Supreme Court's views were too divided on the issue.

The Sewel Convention does not apply to constitutional issues.

The Sewel Convention is a constitutional convention and the Court cannot give legal rulings on its operation or scope.

. How many stages are there in the process of withdrawing from the EU?

One

Three

Four

Seven

. What are the effects of the European Union (Withdrawal) Act 2018? Please select all that apply.

It converts directly applicable law into domestic law

It preserves all the domestic laws that have been made to implement EU obligations

It incorporates any other rights which were directly effective in UK law under s.2(1) of the European Communities Act 1972

It gives the case law of the ECJ after exit day the same binding status in UK courts as decisions of the UK Supreme Court or the High Court of Justiciary in Scotland

. The Welsh Assembly did not give legislative consent to the European Union (Withdrawal) Bill 2018.

True

False

. Match the different pathways to future UK-EU relations to their definitions.

This model focuses on goods, making it narrower than the single market (which includes services, people and capital). All states in this model apply the same tariff, an import tax on goods entering the union, thereby allowing goods to circulate freely once they are within the EU. This model however would prevent the UK from signing free trade agreements with other non-EU export markets

.

This model would allow the UK to continue frictionless access to the single market. It would require the UK to abstain from restraints on trade, such as customs duties, and technical barriers to trade. Iceland, Lichtenstein and Norway currently have this status.

.

The UK leaves the EU without a negotiated arrangement to replace all the legal frameworks and treaties which currently streamline trade relations with the EU. This scenario would provide the most complete break.

.

This scenario involves building upon the Withdrawal Agreement that the UK negotiated with the EU. A consequence of this is that the UK may not negotiate on goods with states that do not have a free trade deal with the EU, and would be limited to copying existing EU trade agreements. Higher levels of access to the single market may be available through this route, but would involve implementing EU rules in domestic legislation.

. The UK government promises 'no diminution of rights' in Northern Ireland. However, what could the consequences be for rights if EU law is removed from the Northern Ireland constitution? Please select all that apply.

Citizenship and residency rights will inevitably be unsettled.

Threating the continuation of the Common Travel Area.

Weaken the system of human rights protection based in whole or in part on EU law (e.g. employment and social protections).

Undermining the Belfast Agreement 1998's requirement for an equivalence of rights across the island of Ireland.

. Politically, the backstop was the single most _____________ feature of the Withdrawal Agreement.

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