Constitutional Law Quiz for Law Students

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Questions and Answers

Which chamber of Parliament must all Money Bills be introduced in?

House of Commons (correct)

House of Lords

House of Representatives

Senate

What must happen for an incumbent Speaker seeking reelection to be returned unopposed?

He must be challenged by other candidates.

He must receive a majority vote.

He must not be opposed by any challenger. (correct)

He must resign before the election.

What convention states that the House of Lords will not veto any Bill announced in a winning party's manifesto?

Parliamentary sovereignty

Westminster convention

Royal Assent convention

Cranborne-Salisbury convention (correct)

What is required for the introduction of a Bill affecting the Royal Prerogative?

Queen's Consent Signup and view all the answers

According to David Hume's distinction, legal rules and constitutional conventions belong to which sphere?

Sphere of is Signup and view all the answers

Which of the following statements is true about habits?

Habits are based on sociological expectations. Signup and view all the answers

Which Prime Minister was last to sit in the House of Lords?

Marquis of Salisbury Signup and view all the answers

What is the goal of legal rules and constitutional conventions?

To impose order and discipline Signup and view all the answers

What does 'reading in' involve in judicial interpretation?

Adding words to legislation for compliance. Signup and view all the answers

Which interpretation process is used to create an interpretation that is compatible when multiple interpretations exist?

Reading down. Signup and view all the answers

What was the significant observation made by Lord Woolf regarding judicial interpretation?

Distinguishing between legislation and interpretation can be challenging. Signup and view all the answers

What is a primary controversy surrounding the processes of reading in and reading out?

They conflict with the clear intent of Parliament. Signup and view all the answers

In the case of Ghaidan v Godin-Mendoza, what was the primary issue addressed in relation to the Rent Act 1977?

Interpretation of 'spouse' in the legislation. Signup and view all the answers

What does reading out refer to in judicial interpretation?

Excluding words from a statute. Signup and view all the answers

Which power do courts have in relation to Prerogative rules or subordinate legislation that are not convention compliant?

To quash them on judicial review. Signup and view all the answers

What was the general agreement during the passing of the Human Rights Act regarding judicial powers?

Courts would have the power to read in or out words. Signup and view all the answers

What was the main question addressed by the Court in Reference Re: Resolution to Amend the Constitution?

Whether a unanimous consent of the provinces is necessary for constitutional amendments. Signup and view all the answers

What did the Court conclude regarding the existence of a convention of unanimity?

There was no convention requiring unanimity among provinces. Signup and view all the answers

What is a crucial element that distinguishes a constitutional convention from a rule of convenience?

Recognition by relevant political actors. Signup and view all the answers

In the context of constitutional conventions, why is the psychological element significant?

It influences whether authorities believe in the convention's importance. Signup and view all the answers

What principle did Quebec claim regarding federal constitutional evolution?

It had a veto based on the principle of duality. Signup and view all the answers

Which of the following best describes the relationship between conventions and general acquiescence?

Conventions largely depend on the general acceptance by political actors. Signup and view all the answers

What characterizes an understanding in political context, as mentioned in the content?

A mere agreement among political actors. Signup and view all the answers

What did the Court imply regarding the requirement of a substantial degree of provincial consent?

A simple majority is sufficient for constitutional amendments. Signup and view all the answers

What are the two main characteristics of EU Law rules concerning primacy before 2020?

Direct applicability and primacy over national laws Signup and view all the answers

In the case of NV Algemene Transport-en Expeditie Onderneming van Gend & Loos, what was established regarding EU norms?

EU norms can be invoked if absolute, unconditional, and precise Signup and view all the answers

What effect does primacy have on national laws in the context of EU law?

National courts must enforce EU law even if it contradicts national or constitutional law Signup and view all the answers

Which act facilitated the incorporation of EU rules into UK law?

European Communities Act 1972 Signup and view all the answers

What significant ruling was made in Factortame Ltd v Secretary of State for Transport?

It emphasized the direct applicability of EU law in UK courts. Signup and view all the answers

What was the main goal of the EU's Common Fisheries Policy initiated in 1970?

To create a common market for fisheries products Signup and view all the answers

What change took place regarding member states' fishing zones in 1977?

Fishing zones were extended to 200 nautical miles from their coastlines. Signup and view all the answers

What concept was introduced in 1983 to manage fishing stocks within the EU?

Total allowable catches Signup and view all the answers

Why is a newly appeared understanding in breach of a convention only identified as a new convention?

Political actors must show it fits social demands better and consider it a duty. Signup and view all the answers

What significant change occurred after the Representation of the People Act 1918 in terms of the Prime Minister's role?

The PM was required to sit in the House of Commons only. Signup and view all the answers

What does the Canada Act 1982 signify in relation to the UK and Canada?

The UK parliament acknowledges Canada's self-governance. Signup and view all the answers

What was the original position of the Prime Minister regarding the Houses of Parliament from the 18th century to WWI?

The PM could choose to sit in either house. Signup and view all the answers

What is suggested by Ivor Jennings' opinion regarding legal precedents?

A strong precedent can establish a new legal rule. Signup and view all the answers

How did the conventions regarding the Prime Minister evolve from the 18th century onwards?

They evolved to reflect changes in political and social expectations. Signup and view all the answers

What significant role did Quebec play in the federation created in 1867?

It was viewed as the representative of the French-speaking minority population. Signup and view all the answers

What does the term 'binding effect' refer to in the context of conventions?

The expected adherence to a new understanding by political actors. Signup and view all the answers

Which courts are permitted to make declarations regarding incompatibility with the Convention?

High Court of England, Court of Appeal, and Supreme Court Signup and view all the answers

What happens when a declaration of incompatibility is issued by the courts?

It has no direct effect on the legislation's validity Signup and view all the answers

What does the HRA allow ministers to do in response to a declaration of incompatibility?

Use subordinate legislation for remedial action Signup and view all the answers

What does the term 'prospective Henry VIII’s clause' refer to?

Enabling amendments to current and future Acts in a unique way Signup and view all the answers

What principle does the HRA's requirement for explicit repeal uphold?

Partial entrenchment without conflicting statutes Signup and view all the answers

What is the implication of leaving a statute incompatible with the ECHR untouched?

It risks condemnation by the European Court of Human Rights Signup and view all the answers

Which of the following represents an example of remedial action taken under the HRA?

The British Nationality Act 1981 (Remedial) Order 2018 Signup and view all the answers

What kind of legislation does a declaration of incompatibility strengthen a claimant's case against?

Their claims in subsequent appeals to the ECtHR Signup and view all the answers

Study Notes

Non-Legal Sources of the UK Constitution

A constitutional convention is an informal, uncodified agreement. It regulates how a state's institutions use constitutional power.
Conventions act as a tacit amendment, limiting the institutions' discretion.
Three categories exist:
- Monarch's exercise of the Royal Prerogative:
  - Must use established advice and be politically accountable.
  - Must choose a Prime Minister from the party with the largest number of seats in the Commons.
  - Must approve laws (parliamentary bills) that have passed both chambers or even just the Commons, depending on the relevant act/legislation.
- Cabinet:
  - Prime Minister (PM) must be an MP (member of parliament).
  - Cabinet members must sit in Commons or Lords.
  - All members are sworn in as Privy Counsellors.
- Parliament:
  - Legislation concerning money (taxes) is submitted/introduced in the Commons exclusively.
  - Incumbent Speakers seeking reelection cannot be opposed by challengers.
  - The House of Lords cannot block Bills announced in the party's electoral mandate.
  - Queen's Consent is required before a Bill affecting Royal Prerogative, Crown's properties, or the Crown's hereditary revenues.

Common and Conventional Rules

Both legal and constitutional conventions are rules, imposing discipline/order onto institutions.
Conventions, however, are based on custom and habit, and are not subject to legal enforcement
Timeframe for formalization of rules differs. Legal rules are formed immediately, whereas conventions develop over time.
Certitude in identifying conventions is lower than that of legal rules, as conventions are based on various sources—parliamentary debates, official statements, etc.
Exceptions to constitutional conventions are considered
For instance, Franklin Roosevelt's third term as President did not violate the established custom of American presidents not serving more than two terms.

Constitutional Conventions and Legal Rules

Some constitutional issues are strictly regulated through legal rules, without significant conventional elements
The existence/relationship between constitutional conventions and legal rules, whereby legal rules grant power and conventions act as constraints for their exercise.
Legal rules are instant creations, whilst conventional rules are formed progressively.
Conventional rules require higher certitude in identification and interpretation compared to legal rules.
There are overlaps between legal standards and constitutional conventions.
Judicial review of legislation and constitutional norms in a case that concerns the existence of a convention under which federal authorities could only apply for amendment of the constitution after a unanimous consent of ten Canadian provinces. This case concluded that there wasn't any established convention, requiring substantial degree of consent from relevant provinces.

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Description

Test your knowledge on key concepts of constitutional law, including parliamentary procedures, legal rules, and judicial interpretation. This quiz covers topics such as Money Bills, the role of the Speaker, and the implications of constitutional conventions. Challenge yourself and see how well you understand the foundations of legal principles.