The Legal System, Constitutional and Administrative Law and EU Law

• Topic 01

  Sources of Law

  42 questions
• Topic 02

  Statutory Interpretation

  33 questions
• Topic 03

  The Court System and Judiciary

  49 questions
• Topic 04

  The UK Constitution

  35 questions
• Topic 05

  Parliamentary Sovereignty

  30 questions
• Topic 06

  The Monarch and the Crown

  26 questions
• Topic 07

  Central Government and Accountability

  47 questions
• Topic 08

  Devolution

  49 questions
• Topic 09

  Legitimacy, Separation of Powers, and the Rule of Law

  30 questions
• Topic 10

  Legislation and Legislative Procedures

  30 questions
• Topic 11

  Public Order Law

  30 questions
• Topic 12

  Judicial Review

  42 questions
• Topic 13

  Human Rights Act 1998 and the ECHR

  42 questions
• Topic 14

  Assimilated Law (formerly Retained EU Law)

  60 questions

A few questions from this unit, with the answer and a full explanation. The complete bank is available when you start practising.

1. What happens at First Reading of a Bill in the House of Commons?

   • A
     The House debates amendments proposed by the House of Lords
   • B
     The Bill receives Royal Assent and becomes an Act of Parliament
   • C
     The Bill is examined clause by clause in a Public Bill Committee
   • D
     The title of the Bill is read out and the Bill is ordered to be printed, with no debate or vote
     Correct answer
   Explanation

   First Reading is a formal introduction of the Bill. The title is read out and the Bill is ordered to be printed. There is no debate and no vote at this stage. It simply marks the Bill's entry into the parliamentary process. The substantive debate on the Bill's general principles takes place at Second Reading.

2. A constitutional commentator observes that while the UK is formally a unitary state, devolution has created significant practical constraints on Westminster's power. Considering the Sewel Convention and the Supreme Court's ruling in R (Miller) v Secretary of State for Exiting the EU [2017], which of the following most accurately describes the current constitutional position?

   • A
     The courts have held that devolved legislatures have exclusive competence within their areas, meaning Westminster cannot legislate in those areas without overriding the Scotland Act
   • B
     Westminster retains unlimited legal sovereignty over devolved matters, but the Sewel Convention creates a strong political expectation that it will not normally legislate on devolved matters without consent; the Supreme Court held this convention is not justiciable even though it has statutory recognition
     Correct answer
   • C
     Devolution has transformed the UK into a federal state with constitutionally entrenched protections for devolved competences
   • D
     Devolution is fully reversible by ordinary Act of Parliament; the Scotland and Wales Acts are ordinary statutes with no special constitutional status
   Explanation

   This tests the nuanced relationship between legal sovereignty and political convention. The Sewel Convention provides that Westminster will not normally legislate on devolved matters without consent from the relevant devolved legislature. Although section 28(8) of the Scotland Act 1998 (as inserted by the Scotland Act 2016) gives statutory recognition to this convention, the Supreme Court in Miller I [2017] held that it remains a political convention and is not justiciable -- the courts will not enforce it. Westminster therefore retains unlimited legal sovereignty, but faces significant political constraints.

3. A trainee solicitor asks why it matters that the Judicial Appointments Commission selects judges independently of political influence. Which of the following best explains the constitutional significance?

   • A
     The JAC was created because the Supreme Court requested the power to appoint its own members
   • B
     Independent judicial appointments uphold the separation of powers by ensuring that the judiciary is not controlled by the executive, thereby protecting judicial independence and the rule of law
     Correct answer
   • C
     The JAC's purpose is to ensure that judges share the political views of the government in power
   • D
     The JAC exists to ensure that the Lord Chancellor retains ultimate control over who becomes a judge
   Explanation

   The Judicial Appointments Commission strengthens the separation of powers by ensuring that judicial appointments are made on merit and independently of political influence. If the executive could control judicial appointments, judges might be (or be perceived to be) politically dependent on the government, undermining their ability to hold the executive to account through judicial review. Judicial independence is a cornerstone of the rule of law.