Deck 5: Parliamentary Sovereignty

Question 1

The concept of parliamentary sovereignty in the UK is enshrined in statute.

Answer 1

False

Question 2

Given the extra-territorial effect of parliamentary legislation, which of the following crimes committed abroad will be triable in the UK?

A) Murder
B) Manslaughter
C) Treason
D) Bigamy

Answer 2

A

Question 3

Which of the following do NOT form part of Dicey's views on the non-legal constraints on parliamentary sovereignty?

A) In the long run the electorate will always enforce its will
B) Judges always take note of the opinions of the electorate
C) A statute which is unpopular with the electorate will not be applied by judges
D) The only link judges have to the will of the electorate is through an Act of Parliament

Answer 3

B

Question 4

Define parliamentary sovereignty with reference to key theorists.

Question 5

Evaluate the concept of sovereignty in written constitutions.

Question 6

Explain how in the UK the electorate assert political control over the sovereignty of Parliament.

Question 7

Explain the difference between the 'validity' and the 'effectiveness' of an Act of Parliament, highlighting the distinction between the legal and political realities of parliamentary sovereignty.

Question 8

Explain, using case law examples, the doctrine of implied repeal.

Question 9

To what extent do you believe the Northern Ireland (Constitution) Act 1973 bound future parliaments?

Question 10

To what extent do you believe that the UK's membership of the European Union has destroyed parliamentary sovereignty?

Question 11

Which of the following are circumstances in which the sovereignty of the UK Parliament could be lost?

A) When there is a vote of no confidence
B) When the judiciary no longer accepts Parliament as a sovereign power
C) When Parliament itself places its residual authority under a written constitution
D) When power is devolved to Scotland, Wales and Northern Ireland

Question 12

The case of Thoburn v Sunderland City Council lays down the principle that which type of statute cannot be impliedly repealed?

A) An enrolled statute
B) A Public statute
C) A constitutional statute
D) An entrenched statute

Question 13

If a court believes that an Act of Parliament conflicts with the rights enshrined in the ECHR it can issue a declaration of ...

A) Conflict
B) Incompatibility
C) Discordance
D) Repeal

Question 14

Parliament can pass legislation to change the length of its terms of office.

Question 15

Parliament can pass legislation which has retrospective effect.

Question 16

Where two statutes conflict a judge can choose which one to apply.

Question 17

The European Communities Act of 1972 expressly states that the law emanating from European Union is supreme.

Question 18

Which of the following does NOT form part of Dicey's classic 1885 definition of parliamentary sovereignty?

A) Parliament has the right to make whatever law it wishes
B) Parliament has the right to unmake whatever law it wishes
C) No person or body has the right to override the legislation of Parliament
D) Parliament must consist of three separate arms

Question 19

Which of the following statements is TRUE?

A) Resolutions of the House of Commons have force of law
B) Proclamations of the Crown have force of law
C) Resolutions of the House of Lords have force of law
D) Treaties entered into under the Royal Prerogative can only alter the law of the land if they are incorporated by an Act of Parliament

Question 20

Which of the following cases lays down the principle that the courts will not question an enrolled Act?

A) Dr Bonham's Case
B) Pickin v British Railways Board
C) AG for New South Wales v Trethowan
D) British Coal Corporation v The King

Question 21

The UK joined the European Union in ...

A) 1953
B) 1973
C) 1979
D) 1998

Question 22

In Scottish constitutional law, where does sovereignty lie?

A) With the written constitution
B) With Parliament
C) With the people
D) With the monarch

Question 23

Explain how the Human Rights Act of 1998 incorporated the European Convention on Human Rights while also preserving the UK's parliamentary sovereignty.