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Return to Public Law 2e Student Resources
Chapter 11 Self-test questions
Judicial review: illegality
*
not completed
.
What does the Latin phrase
ultra vires
mean in English?
Outside the power
correct
incorrect
Within the power
correct
incorrect
Wholly of the power
correct
incorrect
That the exercise of the power is justified in law
correct
incorrect
*
not completed
.
What is 'simple' or 'narrow'
ultra vires
?
When the public authority has made a simple error
correct
incorrect
The public authority has acted outside of its powers, but it only affects a narrow range of people
correct
incorrect
When the public authority has acted outside the scope of the powers granted to it under statutes passed by Parliament
correct
incorrect
When the public authority has acted outside of its powers because it has made a simple mistake
correct
incorrect
*
not completed
.
What is a discretionary power?
A power that when exercised means a public authority has a legal obligation to always apply a set of defined criteria to any decision that it has to make
correct
incorrect
A power that allows a public authority some flexibility over its exercise in individual cases, as long the purpose of the Act that grants the power is being furthered
correct
incorrect
A power that requires the public authority to reach the same decision each time the power is exercised
correct
incorrect
A power that gives the public authority complete freedom on how to act, to the extent that the courts cannot question how the power has been exercised
correct
incorrect
*
not completed
.
Which one of the following is considered to be a
disadvantage
of discretionary powers?
Discretionary powers allow public authorities to decide the matter, taking into account the specific facts of an individual case
correct
incorrect
Discretionary powers mean that rules are relatively easy to draft as decisions are effectively made by decision makers
correct
incorrect
Discretionary powers allow public authorities to consider factors that Parliament had not considered when granting the power
correct
incorrect
Discretionary powers can mean that decisions are made arbitrarily
correct
incorrect
*
not completed
.
Which one of the following is
not
a method of fettering discretion?
Abdication
correct
incorrect
Delegating authority according to the statute, granting the power to a public authority
correct
incorrect
Dictation
correct
incorrect
Adopting a policy which is rigidly applied to each decision
correct
incorrect
*
not completed
.
When can a public authority delegate power granted to it by Parliament?
Whenever the public authority chooses to
correct
incorrect
Never
correct
incorrect
When the statute granting the power, or another statute, either expressly or by necessary application authorises a public authority to delegate the power to another person
correct
incorrect
When the Prime Minister says so
correct
incorrect
*
not completed
.
How does the
Carltona
principle apply to the delegation of power?
A public authority can delegate any of their powers to the
Carltona
Committee on Delegated Powers
correct
incorrect
Officials within government departments can act in the name of a minister without any formal delegation of power to them
correct
incorrect
A minister can delegate any of their powers to the
Carltona
Committee on Delegated Powers
correct
incorrect
The
Carltona
Committee on Delegated Powers decides whether a proposed delegation of power is 'reasonable'
correct
incorrect
*
not completed
.
In
R v Secretary of State for the Home Department, ex p Venables
[1998] AC 407, which of the following was found to be an irrelevant consideration?
The seriousness of the crime that Venables had committed
correct
incorrect
The age of Venables at the time he committed the crime
correct
incorrect
Public confidence in the penal system
correct
incorrect
A petition organised by a national newspaper
correct
incorrect
*
not completed
.
Which one of the following need
not
be considered by public authorities under the Public Sector Equality Duty, as provided by the Equality Act 2010, section 149(1)?
Employing an equal number of men and women
correct
incorrect
Eliminating discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act
correct
incorrect
Advancing equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it
correct
incorrect
Fostering good relations between persons who share a relevant protected characteristic and persons who do not share it
correct
incorrect
*
not completed
.
Which one of these is
not
a 'relevant protected characteristic' under the Public Sector Equality Duty, as provided by the Equality Act 2010, section 149?
Socio-economic status
correct
incorrect
Disability
correct
incorrect
Sexual orientation
correct
incorrect
Age
correct
incorrect
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