SQE1 Constitutional Law 2 — Questions and Answers
Question 1: Under the Constitutional Reform Act 2005, what major structural change was made to the UK judiciary?
- The House of Lords was abolished
- The Supreme Court of the United Kingdom was established as the final court of appeal (Correct answer)
- The Lord Chancellor was given additional judicial powers
- The European Court of Justice became the final appellate court
Correct answer: The Supreme Court of the United Kingdom was established as the final court of appeal
The Constitutional Reform Act 2005 established the UK Supreme Court, which replaced the Appellate Committee of the House of Lords as the highest court of appeal. It also reformed the role of the Lord Chancellor and established the Judicial Appointments Commission.
Question 2: Which body is responsible for investigating complaints of maladministration by government departments in the UK?
- The Supreme Court
- The Parliamentary and Health Service Ombudsman (Correct answer)
- The Privy Council
- The Administrative Court
Correct answer: The Parliamentary and Health Service Ombudsman
The Parliamentary and Health Service Ombudsman (PHSO) investigates complaints about maladministration by government departments and certain public bodies, as well as complaints about NHS services in England.
Question 3: Judicial review in English administrative law allows the courts to review government decisions on which of the following grounds?
- Illegality, irrationality, and procedural impropriety (Correct answer)
- Merits, policy, and proportionality only
- Whether the decision was popular with the public
- Whether the decision achieved the best economic outcome
Correct answer: Illegality, irrationality, and procedural impropriety
Lord Diplock in Council of Civil Service Unions v Minister for the Civil Service [1985] (the GCHQ case) identified three grounds of judicial review: illegality, irrationality (Wednesbury unreasonableness), and procedural impropriety. Proportionality may also apply in human rights cases.
Question 4: Under the Scotland Act 1998, the Scottish Parliament has the power to legislate on:
- All matters including defence and foreign affairs
- Only matters specifically listed in Schedule 5 as reserved
- All matters except those reserved to Westminster, as listed in Schedule 5 (Correct answer)
- Only matters approved by the UK Parliament on a case-by-case basis
Correct answer: All matters except those reserved to Westminster, as listed in Schedule 5
The Scotland Act 1998 uses a reserved powers model: the Scottish Parliament can legislate on any matter that is not specifically reserved to Westminster in Schedule 5. Reserved matters include defence, foreign affairs, and immigration.
Question 5: The Sewel Convention provides that the UK Parliament will not normally legislate on devolved matters without:
- A referendum in the devolved nation
- The consent of the relevant devolved legislature (Correct answer)
- A two-thirds majority in the House of Commons
- Approval from the Privy Council
Correct answer: The consent of the relevant devolved legislature
The Sewel Convention (now also recognised in section 2 of the Scotland Act 2016) provides that the UK Parliament will not normally legislate on devolved matters without the consent of the relevant devolved legislature. However, as the Supreme Court confirmed in Miller, it is a political convention, not legally enforceable.
Question 6: What is the effect of section 3 of the Human Rights Act 1998 on statutory interpretation?
- Courts must strike down any legislation incompatible with Convention rights
- Courts must, so far as possible, read and give effect to legislation in a way compatible with Convention rights (Correct answer)
- Courts can only apply Convention rights to public authorities
- Courts must refer all human rights questions to the European Court of Human Rights
Correct answer: Courts must, so far as possible, read and give effect to legislation in a way compatible with Convention rights
Section 3 of the HRA 1998 imposes a strong interpretive obligation: courts must read and give effect to primary and subordinate legislation, so far as it is possible to do so, in a way that is compatible with Convention rights.
SQE1 Constitutional Law 2
Under the Constitutional Reform Act 2005, what major structural change was made to the UK judiciary?