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Return to Public Law: Text, Cases, and Materials 5e Student Resources
Chapter 8 Self-test questions
Quiz Content
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In the United Kingdom all the executive functions are vested in the Prime Minister.
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False
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Which of the following is the principal characteristic of the British constitutional monarchy?
The Monarch acts only on the advice of ministers.
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The Monarch can only act independently of government when she decides that she does not like the relevant minister.
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The Monarch has absolutely no role in government.
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The Monarch can decide to take executive decisions whenever he/she sees fit.
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There is no situation in which the monarch may still have to exercise discretion.
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False
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Lord Diplock in
Town Investments Ltd v Department of the Environment
(1978) states that the Crown means 'the government' and includes 'all of the ministers and permanent secretaries under whose direction the administrative work of government is carried on'. Maurice Sunkin points out that although this may be colloquially correct, it is not legally accurate. Why?
Ministers do not act always as the Crown itself.
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Ministers do not serve the Crown.
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Ministers always act on powers conferred by statute rather than by the Crown.
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Ministers are free from legal restrictions.
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The Monarch doesn't carry out any executive functions.
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False
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In the event of a hung parliament (no party has an overall majority in the House of Commons), how is the Prime Minister appointed by the Sovereign?
The Sovereign invites all the party leaders to a special conference to decide what should happen.
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The Sovereign will decide which of the party leaders she thinks would make the best Prime Minister.
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The Prime Minister who was in charge before the election which resulted in the hung parliament stays in office until another election is called. The sovereign cannot appoint a new PM until one party has an outright majority.
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The incumbent Prime Minister remains in office and attempts to form a government that could receive the support of the majority of the House of Commons. If the incumbent Prime Minister cannot form a government, he resigns, at which point the leader with the best chance (most seats or with a coalition agreement) of commanding a majority will be invited by the Sovereign to form a government.
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By constitutional convention, all members of the United Kingdom government must be members of Parliament. What is the rationale for this rule?
It allows Parliament to exert control over the executive.
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It guarantees that all ministers are elected.
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It is more convenient.
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It enables Government to dominate Parliament.
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The office of Prime Minister is a creature of law rather than convention.
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False
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Which of the following statements about the civil service are correct? Please select all that apply.
The civil service is strictly non-partisan at its lower levels. However the most senior civil servants in each department have the same party political affiliations as ministers (and so must resign when there is a change of government).
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The civil service is strictly non-partisan from top to bottom.
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A minister must always resign if any civil servant makes a serious mistake in his/her department.
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A minister should be responsible for the acts of civil servants in his/her department.
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Arm's length bodies are designed such that the public servants holding offices within them are considerably insulated from political pressures. However, this does not displace the ordinary constitutional accountability of ministers sponsoring these bodies to Parliament.
True
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False
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