SQE PUBLIC LAW; REVIEWED
QUESTIONS AND THEIR CORRECT
RESPONSES
what does a political constitution deal with?
the entire organisation of a state and how its legal order is
established
(also give effect to values society views as important)
what will a constitution usually do?
Define a state's fundamental political principles,establish
the framework of the government of the state, and
guarantee certain rights andfreedoms to the citizens. The
fundamental political principles of a state will be the key
politicalideas or doctrines on which the state is based
what will a state with a republican constitution usually
have?
A president (as head of state)
what will a state with a monarchical constitution
have?
An unelected monarch (although their role may be largely
ceremonial)
Is it true that the constitution of the UK is unitary?
Yes
--> Westminster Parliament is supreme (sovereign) and
other-law making bodies in UK (eg. LAs and Scottish
Parliament) derive their power from powers they have
been given by Westminster
,A state that has a rigid constitution has a constitution
that is said to be what?
entrenched
(the constitution may be changed only by using special
procedure)
Is it true that the UK has largely informal SoP?
Yes - there is little formal SoP as there is no written
constitution to strictly separate membership and functions
of each branch of state
what is parliamentary sovereignty (supremacy)?
A common law doctrine accepted by the judiciary, under
which the courts acknowledge that legislation enacted by
Parliament takes precedence over common law
what are the various sources of the UK constitution?
(a) Acts of Parliament;
(b) case law;
(c) the royal prerogative; and
(d) constitutional conventions.
what does it mean when legislation is NOT
entrenched?
it may be repealed by an ordinary Act of Parliament just
like any other statute
(no special procedure required for its repeal)
what is the principle of residual freedom?
citizens are free to do or say whatever they wish unless
the law clearly states that such action/statement is
prohibited
what is habeas corpus?
A writ of habeas corpus requires that the government have
a legitimate reason for detaining someone
(ie. right to have legality of detention tested before a court)
,what is the royal prerogative?
Discretionary powers of the Crown that are exercised by
government ministers in the monarch's name
(essentially what remains of the absolute powers that at
one time were exercised by the Monarch)
can acts of parliament remove prerogative powers?
yes
what is the position when an Act does not explicitly
override an aspect of the prerogative (De Keyser's
Royal Hotel confirmed in Miller No 1)?
'if the whole ground of something which could be done by
the prerogative is covered by the statute, it is the statute
that rules'
(but if statute repealed then prerogative power would
revive)
what are constitutional conventions?
A non-legal source of the constitution (hence courts will
not directly enforce them) - considered to be binding on
those who operate the constitution
what is the 'Salisbury Convention'?
The Lords agree not to veto anything in a winning party's
manifesto
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
did including the Sewel Convention in statute turn it
into a legal rule?
No (confirmed in Miller No 1) - conventions only operate in
the political sphere
(there is no legal remedy for their breach)
, what is the Carltona principle?
That the actions of government department officials are
synonymous with the actions of the Minister in charge.
(ministers are politically answerable to Parliament for the
decisions of their departments)
what happens if Parliament passes an Act that
breaches a convention?
the Act may be unconstitutional but courts won't refuse to
apply it for this reason
what should ministers who knowingly mislead
Parliament do?
offer their resignation to Prime Minister
what does the ability of the government to spend
money to exercise its prerogative powers depend on?
Parliament voting to provide the necessary funds
(Gov cannot use the prerogative to authorise expenditure)
what is royal assent?
Royal Assent is the Monarch's agreement to make the Bill
an Act (convention that is never rejected)
What is the sub judice rule?
Parliament will refrain from discussing details of cases
before the courts or waiting to come before the courts
(formal law of parliament NOT a convention)
what is the principle of individual ministerial
responsibility (constitutional convention)?
a minister who has made a grave error should resign
(BUT obvs cannot be legally enforced as convention)
what is the constitutional convention that relates to
criticising individual judges?
QUESTIONS AND THEIR CORRECT
RESPONSES
what does a political constitution deal with?
the entire organisation of a state and how its legal order is
established
(also give effect to values society views as important)
what will a constitution usually do?
Define a state's fundamental political principles,establish
the framework of the government of the state, and
guarantee certain rights andfreedoms to the citizens. The
fundamental political principles of a state will be the key
politicalideas or doctrines on which the state is based
what will a state with a republican constitution usually
have?
A president (as head of state)
what will a state with a monarchical constitution
have?
An unelected monarch (although their role may be largely
ceremonial)
Is it true that the constitution of the UK is unitary?
Yes
--> Westminster Parliament is supreme (sovereign) and
other-law making bodies in UK (eg. LAs and Scottish
Parliament) derive their power from powers they have
been given by Westminster
,A state that has a rigid constitution has a constitution
that is said to be what?
entrenched
(the constitution may be changed only by using special
procedure)
Is it true that the UK has largely informal SoP?
Yes - there is little formal SoP as there is no written
constitution to strictly separate membership and functions
of each branch of state
what is parliamentary sovereignty (supremacy)?
A common law doctrine accepted by the judiciary, under
which the courts acknowledge that legislation enacted by
Parliament takes precedence over common law
what are the various sources of the UK constitution?
(a) Acts of Parliament;
(b) case law;
(c) the royal prerogative; and
(d) constitutional conventions.
what does it mean when legislation is NOT
entrenched?
it may be repealed by an ordinary Act of Parliament just
like any other statute
(no special procedure required for its repeal)
what is the principle of residual freedom?
citizens are free to do or say whatever they wish unless
the law clearly states that such action/statement is
prohibited
what is habeas corpus?
A writ of habeas corpus requires that the government have
a legitimate reason for detaining someone
(ie. right to have legality of detention tested before a court)
,what is the royal prerogative?
Discretionary powers of the Crown that are exercised by
government ministers in the monarch's name
(essentially what remains of the absolute powers that at
one time were exercised by the Monarch)
can acts of parliament remove prerogative powers?
yes
what is the position when an Act does not explicitly
override an aspect of the prerogative (De Keyser's
Royal Hotel confirmed in Miller No 1)?
'if the whole ground of something which could be done by
the prerogative is covered by the statute, it is the statute
that rules'
(but if statute repealed then prerogative power would
revive)
what are constitutional conventions?
A non-legal source of the constitution (hence courts will
not directly enforce them) - considered to be binding on
those who operate the constitution
what is the 'Salisbury Convention'?
The Lords agree not to veto anything in a winning party's
manifesto
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
did including the Sewel Convention in statute turn it
into a legal rule?
No (confirmed in Miller No 1) - conventions only operate in
the political sphere
(there is no legal remedy for their breach)
, what is the Carltona principle?
That the actions of government department officials are
synonymous with the actions of the Minister in charge.
(ministers are politically answerable to Parliament for the
decisions of their departments)
what happens if Parliament passes an Act that
breaches a convention?
the Act may be unconstitutional but courts won't refuse to
apply it for this reason
what should ministers who knowingly mislead
Parliament do?
offer their resignation to Prime Minister
what does the ability of the government to spend
money to exercise its prerogative powers depend on?
Parliament voting to provide the necessary funds
(Gov cannot use the prerogative to authorise expenditure)
what is royal assent?
Royal Assent is the Monarch's agreement to make the Bill
an Act (convention that is never rejected)
What is the sub judice rule?
Parliament will refrain from discussing details of cases
before the courts or waiting to come before the courts
(formal law of parliament NOT a convention)
what is the principle of individual ministerial
responsibility (constitutional convention)?
a minister who has made a grave error should resign
(BUT obvs cannot be legally enforced as convention)
what is the constitutional convention that relates to
criticising individual judges?
