Chapter 4 Multiple choice questions

. According to Wheare (1966) what does constitutional government mean? Please select all that apply.

Government according to rules as opposed to arbitrary government.

Government limited by the terms of a constitution.

Government that in practice operates to strengthen constitutional limitations.

Government established by a formal written constitution.

. Which of the following form part of Lord Bingham's sub-rules of the rule of law? Please select all that apply.

The laws of the land should apply equally to all, save to the extent that objective differences require differentiation.

The law must be accessible and so far as possible intelligible, clear and predictable.

The law must allow for fair and free elections.

The law must protect socio-economic rights.

. There a lively debate over what is meant by the 'rule of law'. Identify the following arguments with their authors.

The rule of law is a characteristic of the English Constitution because: nobody can be punished by arbitrary power, everybody is subject to the law in the same way, and the judicial decisions have determined the rights of private persons.

.

The rule of law is a negative value and conformity to the rule of law is not itself an ultimate goal.

.

Compliance with a rights-based conception of the rule of law will create a just society.

.

The rule of law is merely a rhetorical expression, and the main value of the concept is its aspirational quality

. The formal and substantive versions of the rule of law do not include any of the same requirements or sub-rules.

True

False

. In the United Kingdom the common law has sought to protect a number of constitutional rights in two main ways. Which of the following are they? Please select all that apply.

Tort law.

Statutory interpretation.

By developing socio-economic rights.

By invalidating statutes.

. In Entick v Carrington, the victim of state interference is protected by the common law through tort law. In Malone v Metropolitan Police Commissioner, the victim of state interference cannot rely on tort law. What was the reason that Malone couldn't rely on the common law to seek redress? One factor present in the former case affords the individual protection from the state's interference. The absence of the same factor denies the individual protection in the latter case. Which of the following factors is it?

Legislation authorised the police and Home Secretary to carry out phone tapping.

There was no consensus that phone tapping is an offence.

There is no individual protection from state interference.

There had been no trespass to his property.

. Sir Robert Megarry V-C in Malone explained that England is a country where everything is forbidden except for what is expressly permitted.

True

False

. The common law's protection of fundamental rights is subject to a number of important criticisms. Which of the following represents a legitimate criticism? Please select all that apply.

Common law rights are weak.

Common law rights only afford protection in a limited range of circumstances and that range is rooted in a liberal economic system.

The judgments are erratic.

Judges always defer to the government.

. Which of the following statements accurately reflect the restriction imposed on Parliament by the court's application of the principle of legality to the exercise of statutory interpretation?

Parliament cannot legislate contrary to fundamental principles of human rights.

The courts presume that Parliament does not intend to deprive people of their rights, unless it does so expressly.

The courts will assume that Parliament does intend to deprive people of their rights, even if the intention of the statute is not clear.

. T.R.S Allen argues that the scope of Parliament's sovereign power is limited by the constitution.

True

False

. The Constitutional Reform Act 2005 requires that the Prime Minister only appoint a Lord Chancellor if they possess one of a number of qualities. Which of the following are correct? Please select all that apply.

Experience as an MP.

Experience as a lawyer.

Experience as a law teacher in a university.

Experience of wearing many 'hats'.

. In a debate in the House of Lords over the proposals to reform the office of Lord Chancellor, a number of senior figures expressed dissatisfaction with the reforms. Which of the following reasons do you think they gave for their dissatisfaction? Please select all that apply.

The idea of the separation of powers was denounced.

They came about as a result of the Prime Minister falling out with an old friend.

The changes were the result of authoritarianism winning over liberalism within the Cabinet power struggle.

They were rushed.

. One of the most important roles of the modern Lord Chancellor is to defend the ______ __ ______.

Quiz Content