SQE1 Constitutional Law — Questions and Answers
Question 1: Which constitutional principle holds that Parliament can make or unmake any law and no body can override or set aside an Act of Parliament?
- The rule of law
- Parliamentary sovereignty (Correct answer)
- Separation of powers
- Judicial independence
Correct answer: Parliamentary sovereignty
Parliamentary sovereignty, as described by Dicey, means Parliament has the right to make or unmake any law, and no person or body has the right to override or set aside legislation. It is the cornerstone of the UK constitution.
Question 2: Under the Human Rights Act 1998, what must UK courts do when they find that primary legislation is incompatible with a Convention right?
- Strike down the legislation as invalid
- Issue a declaration of incompatibility under section 4 (Correct answer)
- Refer the matter to the European Court of Human Rights
- Automatically amend the legislation
Correct answer: Issue a declaration of incompatibility under section 4
Under section 4 of the Human Rights Act 1998, courts can issue a declaration of incompatibility if they find primary legislation is incompatible with a Convention right. This does not affect the validity of the legislation — it remains in force unless Parliament decides to amend it.
Question 3: What is the constitutional role of the royal prerogative?
- A set of powers exercised by the monarch personally without ministerial advice
- Residual powers of the Crown exercised by ministers, including treaty-making and deployment of armed forces (Correct answer)
- Powers granted to the monarch by Act of Parliament
- Advisory powers held by the Privy Council
Correct answer: Residual powers of the Crown exercised by ministers, including treaty-making and deployment of armed forces
The royal prerogative consists of residual common law powers of the Crown, now exercised by government ministers. These include foreign affairs, treaty-making, deployment of armed forces, and the prerogative of mercy. They are not derived from statute.
Question 4: The Supreme Court decision in R (Miller) v Secretary of State for Exiting the EU [2017] established that:
- The government could trigger Article 50 using prerogative powers
- An Act of Parliament was required to authorise the triggering of Article 50 (Correct answer)
- The devolved legislatures had a veto over Brexit
- The European Communities Act 1972 was unconstitutional
Correct answer: An Act of Parliament was required to authorise the triggering of Article 50
The Miller case established that the government could not use prerogative powers to trigger Article 50, as this would effectively change domestic law by removing rights granted by the European Communities Act 1972. An Act of Parliament was required.
Question 5: Under the principle of the rule of law, as articulated by Dicey, which of the following is a key requirement?
- The government may act without legal authority in emergencies
- No person shall be punished except for a distinct breach of law established before the ordinary courts (Correct answer)
- The monarch is above the law
- Administrative tribunals are superior to ordinary courts
Correct answer: No person shall be punished except for a distinct breach of law established before the ordinary courts
Dicey's rule of law requires that no person shall be punished or made to suffer except for a distinct breach of law established in the ordinary legal manner before the ordinary courts. This ensures legal certainty and prohibits arbitrary punishment.
Question 6: What is a constitutional convention in the UK?
- A formal written rule in the UK constitution
- A non-legal rule of constitutional practice that is politically binding but not legally enforceable (Correct answer)
- A treaty between the UK and other nations
- A law passed by a special constitutional majority
Correct answer: A non-legal rule of constitutional practice that is politically binding but not legally enforceable
Constitutional conventions are non-legal rules that regulate the conduct of government. They are politically binding (e.g., the Salisbury Convention, collective ministerial responsibility) but are not enforceable by the courts.
SQE1 Constitutional Law
Which constitutional principle holds that Parliament can make or unmake any law and no body can override or set aside an Act of Parliament?