CILEx L6 EU and Public Law

Question 1

Following the UK's withdrawal from the EU, what is the status of retained EU law under the European Union (Withdrawal) Act 2018 as amended by the Retained EU Law (Revocation and Reform) Act 2023?

Accepted Answer

Retained EU law was preserved as domestic law but the 2023 Act renamed it 'assimilated law' and removed the supremacy principle, allowing it to be amended or revoked by domestic legislation

Answer

All EU law was automatically repealed on 31 December 2020

Answer

EU law continues to have direct effect in UK courts

Answer

The UK remains bound by all EU directives until each is individually repealed by Parliament

Question 2

Under the Human Rights Act 1998, what power does a court have when it finds that primary legislation is incompatible with a Convention right?

Accepted Answer

The court may make a declaration of incompatibility under s.4, which does not affect the validity of the legislation

Answer

The court must strike down the legislation as invalid

Answer

The court must refer the matter to the European Court of Human Rights

Answer

The court must suspend the operation of the legislation pending amendment

Question 3

What are the grounds for judicial review of administrative action, as classified by Lord Diplock in Council of Civil Service Unions v Minister for the Civil Service (the GCHQ case)?

Accepted Answer

Illegality, irrationality, and procedural impropriety

Answer

Ultra vires, natural justice, and Wednesbury unreasonableness

Answer

Breach of statute, abuse of power, and failure to consult

Answer

Unlawfulness, disproportionality, and legitimate expectation

Question 4

In the context of the rule of law, which principle established in Entick v Carrington (1765) remains fundamental to English public law?

Accepted Answer

Every interference with individual rights by a public body must be justified by specific legal authority

Answer

The government may act in the public interest without specific legal authority

Answer

The Crown has inherent power to enter private property for national security purposes

Answer

Executive action is presumed lawful unless challenged within 28 days

Question 5

What is the constitutional significance of the decision in R (Miller) v Secretary of State for Exiting the European Union [2017]?

Accepted Answer

It held that the royal prerogative could not be used to trigger Article 50 because it would remove rights conferred by Act of Parliament, and only Parliament could authorise such removal

Answer

It established that the Prime Minister alone has authority to trigger Article 50

Answer

It ruled that Brexit was unconstitutional

Answer

It confirmed that prerogative powers are not subject to judicial review

Question 6

Under the doctrine of proportionality as applied in human rights cases, what must a public authority demonstrate when its action interferes with a qualified Convention right?

Accepted Answer

That the interference pursues a legitimate aim, is rationally connected to that aim, goes no further than necessary, and strikes a fair balance between the rights of the individual and the interests of the community

Answer

That the action was taken in good faith

Answer

That the action was approved by a senior official

Answer

That there was no alternative course of action available