LAW 399 PARLIAMENTARY SCRUTINY REVIEW EXAM UNE Q & A 2024
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Course
Law
Institution
University Of New England (UNE
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LAW 399 PARLIAMENTARY SCRUTINY REVIEW EXAM UNE Q & A 2024LAW 399 PARLIAMENTARY SCRUTINY REVIEW EXAM UNE Q & A 2024LAW 399 PARLIAMENTARY SCRUTINY REVIEW EXAM UNE Q & A 2024
,1. Which case established that the sovereignty of Parliament means that
"the Queen in Parliament is sovereign" and that "no person or body is
recognised by the law of England as having a right to override or set aside
the legislation of Parliament"?
- A) Entick v Carrington
- B) Miller v Secretary of State for Exiting the European Union
- C) R (Factortame Ltd) v Secretary of State for Transport
- D) A and C
Answer: B) Miller v Secretary of State for Exiting the European Union
Rationale: The Miller case reaffirmed the principle of parliamentary
sovereignty, particularly in the context of Brexit, emphasizing that only
Parliament can grant rights and that those rights can only be taken away
by Parliament.
2. What is the primary function of the House of Commons Select
Committees?
- A) To draft legislation
- B) To scrutinize the work of the government
- C) To adjudicate legal disputes
- D) To elect the Prime Minister
Answer: B) To scrutinize the work of the government
Rationale: Select Committees play a crucial role in the scrutiny of
government actions and policies, holding ministers and departments to
account.
3. The Salisbury Convention holds that the House of Lords will not
oppose a second reading of what type of bill?
- A) A bill mentioned in the governing party's last election manifesto
- B) A private member's bill
- C) A bill that has been passed by the House of Commons
- D) A bill that has been rejected by the House of Commons
Answer: A) A bill mentioned in the governing party's last election
manifesto
Rationale: The Salisbury Convention is a constitutional convention that
respects the democratic mandate of the House of Commons by not
opposing legislation promised in the government's election manifesto.
, 4. Which principle was established by the case of Pepper (Inspector of
Taxes) v Hart?
- A) The principle of parliamentary privilege
- B) The principle that clear statutory language is of paramount
importance
- C) The principle that Hansard can be used to interpret unclear
legislation
- D) The principle of judicial review of legislative actions
Answer: C) The principle that Hansard can be used to interpret unclear
legislation
Rationale: Pepper v Hart set a precedent that when statutory provisions
are ambiguous, the courts may refer to Hansard for clarification of the
intention behind the words.
5. What is the 'Ponsonby Rule' now codified in the Constitutional Reform
and Governance Act 2010?
- A) A rule regarding the appointment of judges
- B) A rule concerning the ratification of treaties
- C) A rule about the conduct of Prime Minister's Questions
- D) A rule on the declaration of war
Answer: B) A rule concerning the ratification of treaties
Rationale: The Ponsonby Rule, now part of statutory law, requires
treaties to be laid before Parliament for a specified period before
ratification.
6. The Fixed-term Parliaments Act 2011 established what length of time
between general elections?
- A) Three years
- B) Four years
- C) Five years
- D) Six years
Answer: C) Five years
Rationale: The Fixed-term Parliaments Act was introduced to establish a
set five-year period between general elections, although there are
provisions for an earlier election to be called under certain circumstances.
7. What is the primary purpose of the 'opposition day' debates in the
House of Commons?
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