Chapter 15 Self-test questions

. A bill has passed through all stages in Parliament and has been submitted to the Monarch for Royal Assent. The leader of the opposition has called on the Monarch to refuse Royal Assent as the bill, on the government's own admission, breaches international law.

Will the Monarch refuse Royal Assent?

No, because by law the Monarch must always grant Royal Assent to a bill that has been passed by Parliament.

No, because by convention the Monarch always grants Royal Assent to a bill that has been passed by Parliament.

Yes, because international law is a superior form of law which the Monarch must obey.

Yes, because the bill is invalid due to its breach of international law.

Yes, because it is unconstitutional for Parliament to pass a bill that breaches international law.

. A defendant is tried on indictment in the Crown Court on a charge of manslaughter. The defendant is convicted of the offence but the sentence imposed by the trial judge is significantly lower than that normally imposed by the courts in circumstances similar to those in the present case.

Can any action be taken regarding the sentence imposed by the trial judge?

No, because this would be contrary to the rule of law and the administration of justice.

No, because the Crown Court judge's decision on sentencing is always final.

Yes, because the Attorney-General has power to refer the sentence to the Court of Appeal (Criminal Division).

Yes, because the prosecution can appeal to the Court of Appeal (Criminal Division) against the sentence.

Yes, because the prosecution can appeal to the Supreme Court against the sentence.

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