Chapter 23 Multiple choice questions

. Why must the UK courts post-exit take a purposive approach to statutory interpretation where the provision is unclear or ambiguous?

To ascertain the 'validity, meaning or effect of any retained EU law' post-exit, courts must have regard to the interpretation of EU law in other member states.

To ascertain the 'validity, meaning or effect of any retained EU law' post-exit, courts must interpret retained EU law in conformity with updates in EU law.

To ascertain the 'validity, meaning or effect of any retained EU law' post-exit, UK courts are still bound by the ECJ to ensure legal continuity.

To ascertain the 'validity, meaning or effect of any retained EU law' post-exit, UK courts and tribunals must comply with retained case law and any retained rules and principles of EU law.

. The supremacy of EU law will continue to apply to retained EU law in a conflict with pre-exit domestic law.

True

False

. What is the most significant aspect of the case of Macarthys v Smith 3 All ER 325, 328-321?

It was a key victory in the battle for gender equality.

The majority's reasoning on the application of EC law.

The facts of the case were remarkable.

Lord Denning's approach to statutory interpretation.

. In Litster v Forth Dry Dock [1990] 1 AC 546, Lord Oliver was more _________ in observing that a purposive approach may be applied to legislation, even though it might involve a departure from the strict and literal application of the words that the legislature elected to use.

. In the Factortame litigation, why did the Court of Appeal initially hold that under national law, the courts had no power to suspend the application of Acts of Parliament?

Under the Crown Proceedings Act 1947 s.21(2), the courts could not grant an interim injunction when an EU law conflict had arisen.

Under the Crown Proceedings Act 1947 s.21(2), the courts could not grant an interim injunction to suspend the Act of Parliament.

It would be contrary to EU law to do so.

The courts are unable to grant an interim injunction in cases involving EU policy.

. Why did the decision of the House of Lords in R. v Secretary of State for Employment, ex parte Equal Opportunities Commission [1995] 1 AC 1 lead the Times to claim that the UK 'may now have… a constitutional court' Please select all that apply.

The ECJ acted as Britain's constitutional court.

It suggested that the House of Lords had 'struck down' the Employment Protection (Consolidation) Act 1978.

The Divisional Court can declare an Act of Parliament incompatible with Community law.

. Professor Paul Craig argues that the European Communities Act 1972 creates only a rule of ____________ for subsequent statutes.

. It is advanced that s. 2(4) of the 1972 Act is entrenched because otherwise it would have been repealed in the cases of Macarthy's and Factortame. This is false for three reasons. Which of the following prove this? Please select all that apply.

If there is any entrenchment, it is not substantive, it is of a weak procedural form, it requires clear, as opposed to ambiguous language, expressed by a simple parliamentary majority.

The implied repeal that occurred in Macarthy's was between one piece of national legislation and one piece of European legislation.

The 1972 Act cannot be abrogated by implied repeal.

It is a constitutional convention that international agreements take precedence over minor pieces of legislation.

. Why does Professor Ian Loveland argue against the traditional UK constitutional perspective of democracy in relation to the EU?

EU law reflects a different version of democracy.

EU law reflects a stronger constitutional dedication to democracy.

The EU confers more democratic rights on citizens.
Incorrect

EU law is the result of majoritarian law-making.

. In what sense does Laws LJ articulate a rival vision of the ECJ's doctrine of the supremacy of EU law?

Laws LJ bases the supremacy of EU law on UK law and rejects that it originates in the Treaty, as the ECJ had claimed.

Laws LJ bases the supremacy of EU law on the Treaties and rejects that it originates in domestic law, as the ECJ had claimed.

Laws LJ bases the supremacy of the EU law on the political fusion caused by the creation of the European Union and the United Kingdom's membership of that Union.

. Section 18 of the European Union Act 2011 was introduced to assert that EU law constitutes a new higher autonomous legal order.

True

False

. Which statement best describes the outcome of R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] USKSC 3?

The scope and meaning of UK constitutional law should be interpreted and determined by the ECJ.

The scope and meaning of UK constitutional law should be determined by Parliament.

The scope and meaning of UK constitutional law should be interpreted and determined by UK domestic courts.

The scope and meaning of UK constitutional law should be determined by the executive.

. According to Professor Paul Craig, the reasoning in Miller is a natural _________ of that in HS2.

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