SQE1 - Solicitors Qualifying Examination Part 1 Constitutional & Administrative Law Questions and Answers

Question 1

A local authority, acting under a statutory power to 'regulate and manage public parks', introduces a new byelaw prohibiting any political speeches within all parks in its jurisdiction.
A pressure group that regularly holds peaceful rallies in one of the parks wishes to challenge the legality of this byelaw via judicial review.
On which of the following grounds is their challenge most likely to succeed?

Accepted Answer

Illegality, because the total ban goes beyond the power to 'regulate and manage' and is disproportionate, thus being an unlawful exercise of the statutory power.

Answer

Procedural impropriety, because the authority failed to consult the pressure group before enacting the byelaw.

Answer

Illegality, because the byelaw is an unreasonable fetter on the authority's discretion and was made for an improper purpose.

Answer

Irrationality, because no reasonable authority would ever impose a complete ban on political speech.

Question 2

Which of the following statements provides the most accurate description of the doctrine of Parliamentary Sovereignty in the UK constitution?

Accepted Answer

Parliament can legislate on any subject matter, and no other body has the legal authority to override or set aside an Act of Parliament.

Answer

The courts can invalidate an Act of Parliament if it conflicts with fundamental constitutional principles.

Answer

The Royal Prerogative allows the executive to create laws that take precedence over Acts of Parliament.

Answer

Devolution has transferred ultimate sovereign power to the legislatures in Scotland, Wales, and Northern Ireland.

Question 3

A senior court issues a declaration of incompatibility under section 4 of the Human Rights Act 1998 regarding a provision in an Act of Parliament. What is the immediate legal effect of this declaration on the statutory provision?

Accepted Answer

The provision remains legally valid and in force unless and until Parliament decides to amend or repeal it.

Answer

The provision is automatically nullified and ceases to have legal effect.

Answer

The provision is disapplied in the specific case but remains valid for all future cases.

Answer

The provision is suspended for a fixed period to allow Parliament to enact remedial legislation.

Question 4

The Scottish Parliament passes an Act that seeks to regulate the UK's armed forces stationed in Scotland. The regulation of national defence is listed as a reserved matter in the Scotland Act 1998. What is the legal status of the Act of the Scottish Parliament?

Accepted Answer

It is not law because it relates to a reserved matter and is therefore outside the legislative competence of the Scottish Parliament.

Answer

It is valid law within Scotland but is subordinate to any conflicting UK legislation.

Answer

It becomes law only if it is subsequently approved by a resolution of the UK Parliament.

Answer

It is temporarily valid until challenged and struck down by the UK Supreme Court.

Question 5

Which of the following is an example of a power exercised under the Royal Prerogative by government ministers?

Accepted Answer

The deployment of armed forces overseas.

Answer

Setting the annual rate of corporation tax.

Answer

Creating a new public holiday by statute.

Answer

Amending the Equality Act 2010 to add a new protected characteristic.

Question 6

A legal theorist argues that the 'Rule of Law' requires only that laws are clear, publicised in advance, stable, and applied prospectively, without regard to whether the content of those laws is morally just or fair. Which conception of the Rule of Law is being described?

Accepted Answer

Formal

Answer

Substantive

Answer

Procedural

Answer

Political