Question 1

New privileges can only be created by statute.

Accepted Answer

In most legal systems, new privileges (rights, freedoms, exemptions from liability, etc.) can only be created by passing a statute or law. This ensures that the creation of new privileges is subject to democratic and transparent processes, and not left to the discretion of individuals or groups.

Question 2

Which of the following is NOT a power of the Commons in relation to contempt of Parliament?

Accepted Answer

The Commons does not have the power to fine individuals for contempt of Parliament. The other options (reprimanding, suspending, and expelling) are all powers that the Commons can use in relation to contempt of Parliament.

Question 3

Which of these are the three circumstances laid down in the case of Pepper v Hart (1993) under which courts will be allowed to refer to parliamentary debates?

Accepted Answer

A

Question 4

Which of the following are identified as Erskine May examples of contempt of Parliament?

Accepted Answer

The answer of Which of the following are identified as...

Question 5

Which of the following need to be registered in the Register of Members' Interests?

Accepted Answer

The answer of Which of the following need to be...

Question 6

Explain the source and nature of parliamentary privileges.

Accepted Answer

The answer of Explain the source and nature of parliamentary...

Question 7

Evaluate the relationship between the courts and privilege.

Accepted Answer

The answer of Evaluate the relationship between the courts and...

Question 8

Analyse, with reference to key cases, the nature of the privilege of freedom of speech.

Accepted Answer

The answer of Analyse, with reference to key cases, the...

Question 9

With reference to examples, to what extent do you believe that the operation of the privilege of freedom of speech is effective and necessary in order to allow Parliament to hold the Executive to account.

Accepted Answer

The answer of With reference to examples, to what extent...

Question 10

Describe with reference to case law, the manner and extent to which Parliament can regulate its own proceedings.

Accepted Answer

The answer of Describe with reference to case law, the...

Question 11

In relation to the Parliamentary Commissioner for Standards, which of the following is FALSE?

Accepted Answer

The Commissioner is appointed for a renewable term of five years, not a fixed four year term. A, B, and D are true statements.

Question 12

Which of the following is TRUE in relation to the privilege of freedom of speech?

Accepted Answer

If the privilege of freedom of speech is waived, evidence that would have been excluded due to this privilege can be introduced in court.

Question 13

Which of the following would not attract ABSOLUTE privilege in relation to freedom of speech?

Accepted Answer

While debates, questions on the floor of the House, and questions in Standing Committees attract absolute privilege in relation to freedom of speech, letters from constituents to MPs do not. They may attract qualified privilege, which provides some protection against defamation claims, but not absolute privilege.

Question 14

The privilege of freedom from arrest only applies to criminal matters.

Accepted Answer

The privilege of freedom from arrest also applies to civil matters in certain contexts, such as for legislators during legislative sessions, to ensure they can perform their duties without interference.

Question 15

The privilege of freedom of speech attaches to the criminal activities of MPs.

Accepted Answer

Freedom of speech does not protect criminal activities of MPs or anyone else. Criminal activities are subject to legal consequences.

Question 16

In the case of A v United Kingdom (2002) the defendant was successful in arguing that her inability to challenge defamatory remarks made about her in Parliament infringed upon her rights under articles 6, 8 and 13 of the ECHR.

Accepted Answer

In A v United Kingdom (2002), the European Court of Human Rights held that the immunity provided to Members of Parliament for statements made in Parliament, which prevented the applicant from suing for defamation, did not violate her rights under the European Convention on Human Rights. The Court found that the immunity served a legitimate purpose in protecting free speech in Parliament and that there were other means available to the applicant to counteract the defamatory statements.

Question 17

Article 9 of the Bill of Rights cannot be amended.

Accepted Answer

All amendments to the Constitution, including the Bill of Rights, can be amended with a two-thirds vote in both the House of Representatives and the Senate, as well as ratification by three-fourths of the states. Therefore, Article 9 of the Bill of Rights can be amended. However, there is no Article 9 in the Bill of Rights; it only goes up to Article 8, which is about excessive bail and fines.

Question 18

Due to its right to regulate itself, the House of Commons bars can stay open at any time day or night.

Accepted Answer

The House of Commons has the right to regulate itself and therefore bars can stay open at any time day or night.

Question 19

Ministers must resign any directorships they hold when they take office.

Accepted Answer

The answer of Ministers must resign any directorships they hold...

Question 20

No Speaker has been forced out of office since 1695.

Accepted Answer

This statement is false. Several Speakers of the House of Commons have been forced out of office since 1695 due to various reasons, including political scandal and controversy.

Quiz 16: Parliamentary Privilege