Chapter 10 Self-test questions

. What are the three sources of legal authority on which a public body may seek to rely? Please select all that apply.

Statute law

Prerogative powers

International law

'Third source' power

. The government has the freedom in certain situations to act without specific legal authority.

True

False

. The House of Commons Public Administration Select Committee, in a report, identified three groups of prerogative powers. Which of the following were they? Please select all that apply.

The Queen's constitutional prerogatives

The legal prerogatives of the Crown

Prerogative executive powers

The prerogative powers of select committees

. Which statement best describes the outcome of the constitutional issue of limits on the prerogative power in R (Miller) v Secretary of state for Exiting the European Union [2017] UKSC 5?

The executive would have to obtain the authority of an Act of Parliament in order to issue notification of the UK's intention to leave the EU.

The executive would have to seek personal approval of the monarch in order to issue notification of the UK's intention to leave the EU.

The executive would be able to issue notification of the UK's intention to leave the EU without an Act of Parliament.

The executive would have to hold a second referendum in order to issue notification of the UK's intention to leave the EU.

. Match the paraphrased judicial statement on the relationship between prerogative and statutory powers to the relevant case.

If something is covered by statute and the prerogative it must be done by statute.

. Match the paraphrased judicial statement on the relationship between prerogative and statutory powers to the relevant case.

If the statute does not grant a monopoly over the particular power over which the executive is relying on the prerogative and the prerogative power exists, then the executive can use the prerogative despite the presence of a statute regulating the relevant area.

. Match the paraphrased judicial statement on the relationship between prerogative and statutory powers to the relevant case.

Prerogative powers cannot be exercised to frustrate the will of Parliament as expressed in a statute.

. In judicial review cases, when the government claims to be exercising a prerogative power, the court will simply determine whether or not the power exists. If it does, the court will not review the legality of the way it was used.

True

False

. In what way does the House of Lords go beyond the ruling of the GCHQ case in regards to the reviewability of prerogative powers in the case of R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008]?

In Bancoult (No 2) the House of Lords accepted that Orders in Council, a form of prerogative legislation, were reviewable.

In Bancoult (No 2) the House of Lords held that the use of the prerogative was unlawful, which they had not done in GCHQ

In Bancoult (No 2) the House of Lords held that contrary to GCHQ national security would no longer make the use of prerogative non-justifiable.

In Bancoult (No 2) the House of Lords held that the Royal Prerogative is abolished.

. The PASC submits a number of reasons for placing prerogative powers onto the statute book. Which of the following reasons do they give? Please select all that apply.

Certain prerogative powers, in particular the decision to engage in armed conflict, are in urgent need of a statutory basis in order to guarantee parliamentary support for such important decisions.

The current state of prerogative powers means that Parliament does not know what powers ministers are exercising. This greatly impedes parliamentary scrutiny of the executive.

It can be done so it should be done.

It will give the United Kingdom a codified constitution.

. The cases of Chandler [1964] and Jones [2006] confirm that the courts will not examine the discretionary power of the government to employ its armed forces.

True

False

. What did the House of Lords Constitution Committee recommend as a solution to the issue of the use of the Royal prerogative to deploy armed forces overseas?

Convert the power into statute.

Transfer the power, as it is, from the Crown to Parliament.

Do nothing.

A new parliamentary convention should be established.

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