CILEx L6 Constitutional & Administrative Law

Question 1

What are the three principles of the UK constitution identified by AV Dicey?

Accepted Answer

Parliamentary sovereignty, the rule of law, and constitutional conventions

Answer

Separation of powers, federalism, and judicial review

Answer

The rule of law, human rights, and democracy

Answer

Parliamentary sovereignty, devolution, and judicial independence

Question 2

What is the 'rule of law' and what does it require?

Accepted Answer

No one is above the law; all public acts must have legal authority; law must be clear, accessible, and stable; and the courts must be independent (Dicey, and the Constitutional Reform Act 2005)

Answer

The principle that all laws must be approved by a referendum

Answer

The requirement that all legislation must be reviewed by the courts

Answer

The principle that the most important laws are contained in a written constitution

Question 3

What is the significance of Miller (No 1) [2017] UKSC 5 (Brexit case)?

Accepted Answer

The government could not trigger Article 50 TEU (beginning the Brexit process) using prerogative powers — primary legislation from Parliament was required

Answer

The government could use royal prerogative to leave the EU

Answer

Parliament's approval was required only for the final Brexit deal

Answer

The Supreme Court had no jurisdiction to review the exercise of prerogative powers

Question 4

What is the 'ultra vires' doctrine in administrative law?

Accepted Answer

A public body acts unlawfully where it acts beyond the powers conferred on it by statute or common law — such acts are ultra vires and may be quashed by judicial review

Answer

Any government action that is politically unpopular

Answer

Any decision that a court disagrees with on its merits

Answer

Government action that is disproportionate to its stated aim

Question 5

What are the three heads of judicial review identified in Council of Civil Service Unions v Minister for the Civil Service [1985] (GCHQ case)?

Accepted Answer

Illegality, irrationality (Wednesbury unreasonableness), and procedural impropriety

Answer

Error of law, error of fact, and excess of jurisdiction

Answer

Natural justice, legitimate expectation, and human rights

Answer

Procedural unfairness, disproportionality, and jurisdictional error

Question 6

What is the 'principle of proportionality' in judicial review and how does it differ from Wednesbury unreasonableness?

Accepted Answer

Proportionality requires that the means adopted to achieve a legitimate aim be no more than necessary — it involves more searching scrutiny than Wednesbury, especially in human rights cases

Answer

Proportionality is the same test as Wednesbury unreasonableness

Answer

Proportionality applies only to EU law cases

Answer

Proportionality always leads to a different outcome than Wednesbury