SQE1 Constitutional Law

Question 1

Which constitutional principle holds that Parliament can make or unmake any law and no body can override or set aside an Act of Parliament?

Accepted Answer

Parliamentary sovereignty

Answer

The rule of law

Answer

Separation of powers

Answer

Judicial independence

Question 2

Under the Human Rights Act 1998, what must UK courts do when they find that primary legislation is incompatible with a Convention right?

Accepted Answer

Issue a declaration of incompatibility under section 4

Answer

Strike down the legislation as invalid

Answer

Refer the matter to the European Court of Human Rights

Answer

Automatically amend the legislation

Question 3

What is the constitutional role of the royal prerogative?

Accepted Answer

Residual powers of the Crown exercised by ministers, including treaty-making and deployment of armed forces

Answer

A set of powers exercised by the monarch personally without ministerial advice

Answer

Powers granted to the monarch by Act of Parliament

Answer

Advisory powers held by the Privy Council

Question 4

The Supreme Court decision in R (Miller) v Secretary of State for Exiting the EU [2017] established that:

Accepted Answer

An Act of Parliament was required to authorise the triggering of Article 50

Answer

The government could trigger Article 50 using prerogative powers

Answer

The devolved legislatures had a veto over Brexit

Answer

The European Communities Act 1972 was unconstitutional

Question 5

Under the principle of the rule of law, as articulated by Dicey, which of the following is a key requirement?

Accepted Answer

No person shall be punished except for a distinct breach of law established before the ordinary courts

Answer

The government may act without legal authority in emergencies

Answer

The monarch is above the law

Answer

Administrative tribunals are superior to ordinary courts

Question 6

What is a constitutional convention in the UK?

Accepted Answer

A non-legal rule of constitutional practice that is politically binding but not legally enforceable

Answer

A formal written rule in the UK constitution

Answer

A treaty between the UK and other nations

Answer

A law passed by a special constitutional majority