Chapter 5 Multiple choice questions

. The idea of separation of powers is based on which of the following propositions? Please select all that apply.

Different kinds of public function ought to be distinguished from each other.

Different kinds of public function ought to be exercised by different institutions or personnel.

There should not be an over concentration of power.

There should be no monarchy in a democracy

. According to Raph Dahrendorf, the separation of powers is a fact not a concept.

True

False

. Lord Steyn in the case of Anderson: 'Our Constitution has, however, _____ embraced a rigid doctrine of separation of powers.'

. Match the function with the relevant branch of state.

Makes legally binding rules that apply to people generally.

.

Foreign relations; military action; administration; developing national policy on a wide range of subjects.

.

Applying the law to resolve civil disputes and the conduct of criminal trials.

. Which of the statements below accurately describes a key distinction between a parliamentary system and a presidential system?

In a parliamentary system you can vote for a prime minister, whereas in a presidential system you can vote for a president.

In a parliamentary system there are separate elections for the parliament/legislature and for the prime minister. In contrast in a presidential system you can only vote for a president.

In a parliamentary system there are no separate elections for the legislature and the executive. In contrast in a presidential system there are separate elections for the legislature and the executive.

In a parliamentary system everyone has to wear special wigs. By contrast in presidential systems they wear special hats.

. In relation to the conformity to the 'personnel' form of the separation of powers, what is the main difference between the UK and the USA?

In the UK, all ministers must be members of the legislature. In the USA, a person cannot be a member of both, they can only be a member of one branch at any one time.

In the UK, members of the judiciary cannot be members of the executive, whereas in the USA they can.

In the UK, members of the legislature cannot be members of the executive, whereas in the USA they can.

In the UK, members of the legislature cannot be members of the church, whereas in the USA they can.

. Match the author with their view on the separation of powers.

There can be no liberty if legislative and executive powers are united in the same person.

.

The fusion of legislative and executive powers is the precise principle of Cabinet government.

.

The separation of powers is not in essence concerned with the allocation of functions. Its primary purpose is the prevention of arbitrary government.

.

The separation of powers should not be used as a full normative theory. It is a constitutional tool that enables the author of a constitution to match function to the institution best suited to perform it.

. Adam Tomkins argues that the UK's constitution is not based on a separation of powers between the judiciary, executive, and legislatures. Instead it is based on a separation of two powers: the Crown and Parliament. This separation is designed to advance accountability, whereas a classical separation of powers is designed to safeguard _______.

. In R (on the application of Cart) v Upper Tribunal; R (on the application of U and XC) v Special Appeals Commission [2011] UKSC 28 Lord Phillips said that judges should pay due regard to which of the following factors when exercising the power of judicial review?

Resources

Deference to political authority

The views of media

The United Nations

. Serving judges can no longer directly participate in the legislative process.

True

False

. The case of Pepper v Hart allows a judge to use Hansard to clarify the intention of a statute. There are two conditions that must be satisfied before it can be used, which of the following are they? Please select all that apply.

The statutory provision in question must be ambiguous.

The minister's statement itself is clear.

The minister has published the statement in a newspaper.

The text of the speech cannot exceed one page.

. Which of the following are defining features of the 'Westminster' model? Please select all that apply.

The government of the country is drawn from ministers who are members of the House of Commons or House of Lords.

The UK Parliament is at the pinnacle of the constitutional system, with unlimited legislative competence.

There are effective systems for ensuring that ministers are politically accountable to Parliament between elections.

Coalition governments are not permitted.

. The United Kingdom has never used referendums for constitutional questions.

True

False

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