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

Parliamentary sovereignty, as described by Dicey, means Parliament has the right to make or unmake any law, and no person or body has the right to override or set aside legislation. It is the cornerstone of the UK constitution.

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

Under section 4 of the Human Rights Act 1998, courts can issue a declaration of incompatibility if they find primary legislation is incompatible with a Convention right. This does not affect the validity of the legislation — it remains in force unless Parliament decides to amend it.

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

The royal prerogative consists of residual common law powers of the Crown, now exercised by government ministers. These include foreign affairs, treaty-making, deployment of armed forces, and the prerogative of mercy. They are not derived from statute.

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 Miller case established that the government could not use prerogative powers to trigger Article 50, as this would effectively change domestic law by removing rights granted by the European Communities Act 1972. An Act of Parliament was required.

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

Dicey's rule of law requires that no person shall be punished or made to suffer except for a distinct breach of law established in the ordinary legal manner before the ordinary courts. This ensures legal certainty and prohibits arbitrary punishment.

SQE1 Practice Test

SQE1 Practice Test

SQE1 Constitutional Law