Chapter 5 Multiple choice questions

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. The idea of separation of powers is based on which of the following propositions? Please select all that apply.

Different kinds of public function ought to be distinguished from each other. correct incorrect

Different kinds of public function ought to be exercised by different institutions or personnel. correct incorrect

There should not be an over concentration of power. correct incorrect

There should be no monarchy in a democracy correct incorrect

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. According to Raph Dahrendorf, the separation of powers is a fact not a concept.

True correct incorrect

False correct incorrect

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. Lord Steyn in the case of Anderson: 'Our Constitution has, however, _____ embraced a rigid doctrine of separation of powers.'

Your response

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. Match the function with the relevant branch of state.

Makes legally binding rules that apply to people generally.

Select an answer choice Executive Judiciary Legislature

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Foreign relations; military action; administration; developing national policy on a wide range of subjects.

Select an answer choice Judiciary Legislature Executive

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Applying the law to resolve civil disputes and the conduct of criminal trials.

Select an answer choice Executive Legislature Judiciary

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. Which of the statements below accurately describes a key distinction between a parliamentary system and a presidential system?

In a parliamentary system you can vote for a prime minister, whereas in a presidential system you can vote for a president. correct incorrect

In a parliamentary system there are separate elections for the parliament/legislature and for the prime minister. In contrast in a presidential system you can only vote for a president. correct incorrect

In a parliamentary system there are no separate elections for the legislature and the executive. In contrast in a presidential system there are separate elections for the legislature and the executive. correct incorrect

In a parliamentary system everyone has to wear special wigs. By contrast in presidential systems they wear special hats. correct incorrect

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. In relation to the conformity to the 'personnel' form of the separation of powers, what is the main difference between the UK and the USA?

In the UK, all ministers must be members of the legislature. In the USA, a person cannot be a member of both, they can only be a member of one branch at any one time. correct incorrect

In the UK, members of the judiciary cannot be members of the executive, whereas in the USA they can. correct incorrect

In the UK, members of the legislature cannot be members of the executive, whereas in the USA they can. correct incorrect

In the UK, members of the legislature cannot be members of the church, whereas in the USA they can. correct incorrect

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. Match the author with their view on the separation of powers.

There can be no liberty if legislative and executive powers are united in the same person.

Select an answer choice Walter Bagehot N.W. Barber Montesquieu Eric Barendt

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The fusion of legislative and executive powers is the precise principle of Cabinet government.

Select an answer choice Montesquieu N.W. Barber Eric Barendt Walter Bagehot

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The separation of powers is not in essence concerned with the allocation of functions. Its primary purpose is the prevention of arbitrary government.

Select an answer choice N.W. Barber Eric Barendt Walter Bagehot Montesquieu

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The separation of powers should not be used as a full normative theory. It is a constitutional tool that enables the author of a constitution to match function to the institution best suited to perform it.

Select an answer choice Eric Barendt Montesquieu Walter Bagehot N.W. Barber

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. Adam Tomkins argues that the UK's constitution is not based on a separation of powers between the judiciary, executive, and legislatures. Instead it is based on a separation of two powers: the Crown and Parliament. This separation is designed to advance accountability, whereas a classical separation of powers is designed to safeguard _______.

Your response

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. In R (on the application of Cart) v Upper Tribunal; R (on the application of U and XC) v Special Appeals Commission [2011] UKSC 28 Lord Phillips said that judges should pay due regard to which of the following factors when exercising the power of judicial review?

Resources correct incorrect

Deference to political authority correct incorrect

The views of media correct incorrect

The United Nations correct incorrect

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. Serving judges can no longer directly participate in the legislative process.

True correct incorrect

False correct incorrect

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. The case of Pepper v Hart allows a judge to use Hansard to clarify the intention of a statute. There are two conditions that must be satisfied before it can be used, which of the following are they? Please select all that apply.

The statutory provision in question must be ambiguous. correct incorrect

The minister's statement itself is clear. correct incorrect

The minister has published the statement in a newspaper. correct incorrect

The text of the speech cannot exceed one page. correct incorrect

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. Which of the following are defining features of the 'Westminster' model? Please select all that apply.

The government of the country is drawn from ministers who are members of the House of Commons or House of Lords. correct incorrect

The UK Parliament is at the pinnacle of the constitutional system, with unlimited legislative competence. correct incorrect

There are effective systems for ensuring that ministers are politically accountable to Parliament between elections. correct incorrect

Coalition governments are not permitted. correct incorrect

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. The United Kingdom has never used referendums for constitutional questions.

True correct incorrect

False correct incorrect