Chapter 3 Self-test questions

. Lord Hoffmann in ex parte Simms and O'Brien submits that, despite the importance of parliamentary sovereignty, fundamental rights cannot be overridden by which of the following?

General or ambiguous words in a statute

An Act of Parliament

An eraser

A Royal Commission

. Match the author to their view on the source of parliamentary supremacy.

Parliamentary supremacy is historical rather than legal in source. No Act of Parliament could actually confer on itself the power to make law, as that would be to act on a power that it did not hold.

. Match the author to their view on the source of parliamentary supremacy.

The common law is the source. It is the courts and the judiciary who have formulated the principle that the United Kingdom's Parliament has unlimited legislative supremacy.

. Match the author to their view on the source of parliamentary supremacy.

The judiciary obeys the will of Parliament because it is the ultimate political fact upon which the whole system of law making rests.

. Match the author to their view on the source of parliamentary supremacy.

The judiciary did not invent parliamentary supremacy. Parliamentary supremacy is sourced in a consensus between the branches of government. The content of the principle is determined by consensus, and cannot rest on one branch's interpretation, unless all of the branches agree to it.

. In Jackson v Her Majesty's Attorney General [2005] UKHL 56, Lord Steyn suggested that it was the judiciary that conferred on the legislature its supremacy and it is the judiciary that can take this power away from the legislature in exceptional circumstances.

True

False

. There are two main contrasting views as to the effect of parliamentary supremacy on the possibility of entrenching legislation; which two of the following options are they? Please select all that apply.

The legislative powers of the current parliament cannot be constrained by statutes enacted by a previous parliament and therefore entrenchment is impossible.

The legislative powers of the current parliament allow it to bind future parliaments by protecting the statutes it makes from future change.

The legislative powers of the current parliament do not extend to repealing the statutes made by previous parliaments.

The legislative powers of the current parliament only allow it to protect statutes by referendum.

. For which of the following reasons does the campaign group Justice advance for saying that entrenchment would be best achieved by a clause that requires approval of both Houses of Parliament? Please select all that apply.

It would enhance the constitutional authority of the House of Lords.

It would be relatively straightforward.

There is no tradition of special majority voting in the UK.

Parliamentary sovereignty, in theory, means that any mechanism could be repealed.

. Which of the following statements accurately reflects Sir Ivor Jennings' position on the ability of the legal sovereign to bind itself?

Parliament's ability to make law by the ordinary procedure on anything prevents it from limiting a future parliament's ability to make law.

Parliament's ability to make law by the ordinary procedure on anything allows it to limit a future parliament's ability to make law.

. In the case of Thoburn Laws LJ advanced the proposition that implied repeal does not apply to constitutional statutes. Which of the following options accurately reflect the reasons he gave for the distinction in the application of implied repeal to ordinary and constitutional statutes?
Please select all that apply.

Constitutional statutes deserve special protection because of the special status afforded to constitutional rights by the common law.

The distinction is beneficial as it affords a degree of protection to fundamental rights and also retains the flexible nature of the UK's constitution.

The United Kingdom's courts have traditionally distinguished Acts of Parliament on the basis of their constitutional status.

Certain Acts of Parliament are given special 'constitutional' status by Parliament when they are enacted.

. Which of the following accurately reflects the obiter statements on the nature of the UK's constitution by Lord Neuberger and Lord Mance in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014 UKSC 3?

The UK has no constitution.

The UK constitution is made up of constitutional instruments and fundamental principles.

The UK constitution is composed exclusively of statutes.

There is no distinction between constitutional and ordinary statutes.

. What will happen to the legislative competence of the UK Parliament after the UK leaves the European Union following the outcome of the 2016 referendum?

The UK Parliament will continue to be restricted by a formal requirement to abide by EU law.

The UK Parliament will no longer be restricted by a formal requirement to abide by EU law.

The UK Parliament will have to pass an Act of Parliament declaring its legislative competence.

Nothing will happen to the legislative competence of the UK Parliament.

. In Moohan and another v Lord Advocate [2014] UKSC 67, Lord Hodge ruled out the possibility the Supreme Court would ever exercise common law powers to declare a UK Act of Parliament unlawful.

True

False

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