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

The correct ground is illegality. The statutory power is to 'regulate and manage', which implies a degree of control and organisation, but a blanket ban on all political speeches could be argued to be *ultra vires* (beyond the powers granted). [10] It is not regulating the activity but prohibiting it entirely. This can be framed as an error of law where the authority has misunderstood the scope of its power. The concept of proportionality, particularly relevant in cases involving human rights (such as freedom of expression), would be used to argue that a complete ban is a disproportionate interference and therefore not a lawful exercise of the power to 'regulate'.

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 classic Diceyan definition of Parliamentary Sovereignty holds that Parliament has the right to make or unmake any law, and no person or body can override its legislation. [9, 12, 27] While the courts can interpret statutes and, under the Human Rights Act 1998, issue declarations of incompatibility, they cannot invalidate primary legislation. [12] The Royal Prerogative is subordinate to statute, and devolution does not diminish the ultimate sovereignty of the Westminster Parliament.

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

A declaration of incompatibility under section 4 of the Human Rights Act 1998 has no immediate legal effect on the validity of the legislation in question. [4, 14, 29] This mechanism respects the doctrine of Parliamentary Sovereignty. [14, 31] The Act remains law and is enforceable. The declaration serves as a formal notification to Parliament that the provision is incompatible with Convention rights, creating political pressure for amendment, which can be done via a fast-track remedial order under section 10, but Parliament is not legally compelled to act. [4]

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

The Scotland Act 1998 grants the Scottish Parliament legislative competence over devolved matters but explicitly lists reserved matters that remain with the UK Parliament. [13, 25, 28] Defence and national security are reserved matters. [13] Any provision of an Act of the Scottish Parliament that is outside its legislative competence, such as legislating on a reserved matter, is 'not law' from the outset (ab initio) under section 29(1) of the Scotland Act 1998. [16]

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

The deployment of armed forces is a key executive power derived from the Royal Prerogative, not statute. [2, 17] While there is a constitutional convention that Parliament should be consulted, the legal basis for the power remains the prerogative. Setting tax rates is done via the annual Finance Act (a statute). Creating public holidays and amending primary legislation like the Equality Act 2010 both require new Acts of Parliament.

SQE1 Practice Test

SQE1 Practice Test

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