W201 - Public Law - Parliamentary Supremacy

30 Questions | Total Attempts: 292

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Parliamentary Procedure Quizzes & Trivia

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Questions and Answers
  • 1. 
    In Dicey's definition of parliamentary sovereignty, Parliament means 'the _____ in Parliament' i.e. the Queen, House of Lords and House of Commons.
  • 2. 
    Parliamentary supremacy and parliamentary sovereignty are the same thing.
    • A. 

      True

    • B. 

      False

  • 3. 
    A V Dicey's classic formulation of the doctrine of parliamentary sovereignty was provided in which text?
    • A. 

      The Limits of Parliamentary Sovereignty

    • B. 

      Introduction to the Study of the Law of the Constitution

    • C. 

      Introduction to the Study of Parliamentary Sovereignty

    • D. 

      The Limits of UK Constitutional Law

  • 4. 
    How many elements are there in Dicey's formulation of parliamentary supremacy?
    • A. 

      One

    • B. 

      Two

    • C. 

      Three

    • D. 

      Four

  • 5. 
    Parliament has the right to make any law whatsoever.  This is known as unlimited __________.
  • 6. 
    In R (on the application of Jackson) v Attorney General [2006] 1 AC 262, Lord Hope noted that parliamentary sovereignty was no longer absolute (if it ever had been).  What did he say was the ultimate controlling factor on which our constitution was based?
  • 7. 
    It is not for a court to enquire into how an Act came to be, if it has the consent of the three components of Parliament then it is valid.  Which case confirmed this point? 
    • A. 

      Edinburgh & Dalkeith Railway v Wauchope (1842) 8 CI & F 710

    • B. 

      Mortensen v Peters (1906) 14 SLT 227

    • C. 

      Case of Proclamations (1611) 12 Co Rep 74

    • D. 

      Liversidge v Anderson [1942] AC 206

  • 8. 
    The courts have a general power to review legislation.
    • A. 

      True

    • B. 

      False

  • 9. 
    The ________ bill rule was outlined in Edinburgh & Dalkeith Railway Co v Wauchope (1842) 8 CI & F 710 and is the rule that it is not for Parliament to enquire into the manner in which an Act was passed.
  • 10. 
    In simple terms, courts will accept an Act is an Act if it has the correct 'hallmark' of authenticity.  This 'hallmark' is _____ ______.
  • 11. 
    No Bill can be sent for Royal Assent without the consent of the House of Lords.
    • A. 

      True

    • B. 

      False

  • 12. 
    That Parliament can legislate for outwith the UK was confirmed in which case?
    • A. 

      Madzimbamuto v Landner-Burke [1969] 1 AC 645

    • B. 

      Mortensen v Peters (1906) 14 SLT 227

    • C. 

      Burmah Oil Co v Lord Advocate [1965] AC 75

    • D. 

      Bowies v Bank of England [1913] Ch 57

  • 13. 
    The House of Lords decision in Burmah Oil Co v Lord Advocate [1965] AC 75 was reversed by which statute?
  • 14. 
    Statutes will always override constitutional conventions.
    • A. 

      True

    • B. 

      False

  • 15. 
    Which of the following cases confirms that statues will always override constitutional conventions?
    • A. 

      Manuel v Attorney General [1983] Ch 77

    • B. 

      Thoburn v Sunderland City Council [2003] QB 151

    • C. 

      Mortensen v Peters (1906) 14 SLT 227

    • D. 

      Madzimbamuto v Landner-Burke [1969] 1 AC 645.

  • 16. 
    The Criminal Justice Act 2003 makes it an offence punishable in the UK for a public official of any nationality to torture someone anywhere.  This is an example of Parliament's unlimited __________ in that it shows that Acts of Parliament are not limited territorially. 
  • 17. 
    Mortensen v Peters (1906) 14 SLT 227 confirms that Parliament can legislate outside the UK.  It is also authority for what?
    • A. 

      The an Act given Royal Assent is law

    • B. 

      That Parliament can legislate to override constitutional conventions

    • C. 

      That Parliament can legislate contrary to public international law

    • D. 

      That Parliament should not normally be subject to judicial scrutiny

  • 18. 
    The Parliaments Act 1911 stipulated five years as the maximum duration of a Parliament, so no Parliament can ever exceed that term.
    • A. 

      True

    • B. 

      False

  • 19. 
    That the Crown has no common law power to legislate was confirmed in which case?
    • A. 

      Case of Prohibitions (Prohibitions del Roy) (1607) 12 Co Rep 63

    • B. 

      Case of Proclamations (1611) 12 Co Rep 74

    • C. 

      The Sheriff of Middlesex's Case (1840) 11 Ad & El 273

    • D. 

      Entick v Carrington (1765) 19 St Tr 1029

  • 20. 
    EU law can be directly effective in the UK and can override an Act of Parliament, however the argument is that Parliament is still supreme because this is only as a result of an Act of Parliament.  Which Act?
    • A. 

      European Communities Act 1972

    • B. 

      Human Rights Act 1998

    • C. 

      European Union Act 2011

    • D. 

      House of Lords Act 1999

  • 21. 
    Ellen Street Estates v Minister of Health [1934] 1 KB 590 confirms that Parliament can repeal an earlier Act by enacting a later Act which is inconsistent with it; this is _______ ______.
  • 22. 
    Which case suggests that some statutes are constitutional and thus immune to implied repeal.
    • A. 

      Thoburn v Sunderland City Council [2003] QB 151

    • B. 

      Attorney General for New South Wales v Trethowan [1932] AC 526

    • C. 

      Factortame (No. 1) [1990] 2 AC 85

    • D. 

      Macarthys v Smith [1979] ICR 785

  • 23. 
    The case of Thoburn v Sunderland City Council [2003] QB 151 suggests a two-fold test for a 'constitutional statute':
    • that it conditions the legal relationship between _______ and State
    • that it changes the scope of fundamental constitutional rights
  • 24. 
    Attorney General for New South Wales v Trethowan [1932] AC 526 is an Australian case which supports the argument that the UK Parliament can bind its successors to the ______ ___ ____ of future enactments.
  • 25. 
    By s2(4) of the European Communities Act 1972 the courts are entitled to assume that Parliament has the general and continuing intention to uphold rights given by EU law. So in a case of apparently accidental conflict in a later Act the courts would not be obliged to give effect to the later Act.
    • A. 

      True

    • B. 

      False

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