SQE: PUBLIC LAW EXAM REVISION
QUESTIONS AND EXPECTED ANSWERS
Key characteristics of the executive?
Led by PM
Drafts and introduces legislation in Parliament
Implements law
Runs country
Key characteristics of legislature?
Enacts statute
Scrutinises executive
Supreme law-making body
Key characteristics of judiciary?
Independently appointed
Hear and determine legal disputes
Apply own common law and interpret statute
Judicial review
Key characteristics of the UK constitution
Multi-layered
Unentrenched
Uncodified
Flexible
Separation of powers
Constitutional monarchy
How is the UK constitution multi-layered?
Parliament is sovereign
Subordinate devolved legislatures
How is the UK constitution unentrenched and
uncodified?
,Not set in stone or contained in a single document
How is the UK constitution a constitutional
monarchy?
King is head of state
Government power is exercised on behalf of Crown
King appoints PM
How is the UK constitution flexible?
It is constantly evolving with the times
How does the UK constitution separate powers?
Informal separation where branches can check on each
other
What is the principle of Parliamentary Sovereignty?
Parliament can make and unmake any law it wishes
Government can only last as long as it has confidence of
Commons
What is the principle of the Rule of Law?
Law must be clear, certain and accessible so that any
member of the public can review it
Access to justice is equal
Judiciary must be independent
What is the principle of democracy in the UK?
Commons is made up of elected representatives
General election every 5 years
What is a by-election?
When people in one constituency vote to elect an MP to
replace someone who has resigned
What is the main power of legislature?
Makes the law
What is the main power of the executive?
Implements the law
What is the main power of the judiciary?
,Resolves disputes over law and enforces the law
What is the impact of internationalism on UK
government?
Government follows international laws but it does not have
to
What is the impact of UK courts on the government?
Can stop prorogation on basis that it breaches
Parliamentary Sovereignty
Will strike down government action that breaches rule of
law
Interprets legislation in line with rule of law
What are the sources of the UK Constitution?
Acts of Parliament
Case law
Royal prerogative
Works of authority
Conventions
Assimilated law
How do Acts of Parliament make up the constitution?
Constitutional Acts such as PACE, Devolution Acts, EU
Acts
How can Parliament repeal or amend a constitutional
act?
It cannot be implied
Must be expressly done
How is case law part of the constitution?
Key principles of how state must act lawfully
Habeas corpus
Judicial review
How is the the royal prerogative part of the
constitution?
, Crown can act without having to get consent of Parliament
Government can use these as they exercise power on
behalf of King
What powers fall under the royal prerogative?
Signing treaties
Conduct during war
Summoning Parliament
Royal Assent
Deploying armed forces
What is the effect of Parliamentary sovereignty on the
Royal Prerogative?
An Act of Parliament can expressly remove or amend
royal prerogative
What are conventions?
Non-legal sources that cannot be enforced by courts
What are the main conventions?
Sewel
Salisbury-Addison
King cannot refuse Royal Assent
Ministerial responsibility
Lords have limited power
King appoints PM who wins general election
What is the Sewel Convention?
UK Parliament will not normally legislate with regard to
devolved matters in Scotland, Wales or Northern Ireland
without the consent of the devolved administration
What is the Salisbury Convention?
The Lords agree not to veto anything in a winning party's
manifesto
How is assimilated law part of the constitution?
QUESTIONS AND EXPECTED ANSWERS
Key characteristics of the executive?
Led by PM
Drafts and introduces legislation in Parliament
Implements law
Runs country
Key characteristics of legislature?
Enacts statute
Scrutinises executive
Supreme law-making body
Key characteristics of judiciary?
Independently appointed
Hear and determine legal disputes
Apply own common law and interpret statute
Judicial review
Key characteristics of the UK constitution
Multi-layered
Unentrenched
Uncodified
Flexible
Separation of powers
Constitutional monarchy
How is the UK constitution multi-layered?
Parliament is sovereign
Subordinate devolved legislatures
How is the UK constitution unentrenched and
uncodified?
,Not set in stone or contained in a single document
How is the UK constitution a constitutional
monarchy?
King is head of state
Government power is exercised on behalf of Crown
King appoints PM
How is the UK constitution flexible?
It is constantly evolving with the times
How does the UK constitution separate powers?
Informal separation where branches can check on each
other
What is the principle of Parliamentary Sovereignty?
Parliament can make and unmake any law it wishes
Government can only last as long as it has confidence of
Commons
What is the principle of the Rule of Law?
Law must be clear, certain and accessible so that any
member of the public can review it
Access to justice is equal
Judiciary must be independent
What is the principle of democracy in the UK?
Commons is made up of elected representatives
General election every 5 years
What is a by-election?
When people in one constituency vote to elect an MP to
replace someone who has resigned
What is the main power of legislature?
Makes the law
What is the main power of the executive?
Implements the law
What is the main power of the judiciary?
,Resolves disputes over law and enforces the law
What is the impact of internationalism on UK
government?
Government follows international laws but it does not have
to
What is the impact of UK courts on the government?
Can stop prorogation on basis that it breaches
Parliamentary Sovereignty
Will strike down government action that breaches rule of
law
Interprets legislation in line with rule of law
What are the sources of the UK Constitution?
Acts of Parliament
Case law
Royal prerogative
Works of authority
Conventions
Assimilated law
How do Acts of Parliament make up the constitution?
Constitutional Acts such as PACE, Devolution Acts, EU
Acts
How can Parliament repeal or amend a constitutional
act?
It cannot be implied
Must be expressly done
How is case law part of the constitution?
Key principles of how state must act lawfully
Habeas corpus
Judicial review
How is the the royal prerogative part of the
constitution?
, Crown can act without having to get consent of Parliament
Government can use these as they exercise power on
behalf of King
What powers fall under the royal prerogative?
Signing treaties
Conduct during war
Summoning Parliament
Royal Assent
Deploying armed forces
What is the effect of Parliamentary sovereignty on the
Royal Prerogative?
An Act of Parliament can expressly remove or amend
royal prerogative
What are conventions?
Non-legal sources that cannot be enforced by courts
What are the main conventions?
Sewel
Salisbury-Addison
King cannot refuse Royal Assent
Ministerial responsibility
Lords have limited power
King appoints PM who wins general election
What is the Sewel Convention?
UK Parliament will not normally legislate with regard to
devolved matters in Scotland, Wales or Northern Ireland
without the consent of the devolved administration
What is the Salisbury Convention?
The Lords agree not to veto anything in a winning party's
manifesto
How is assimilated law part of the constitution?
