SQE 1 - Constitutional and Administrative Law 80 Questions With Correct Answers
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Course
SQE 1
Institution
SQE 1
Administrative Law: What are the three steps of a claim for judicial review? - ️️1. Standing: Whether the application for judicial review meets the requirements for a successful application
2. Grounds: Whether one fo the grounds of judicial review has been established
3. Remedies: What is th...
SQE 1 - Constitutional and Administrative Law 80 Questions With Correct Answers Administrative Law: What are the three steps of a claim for judicial review? - ✔ ✔ 1. Standing: Whether the application for judicial review meets the requirements for a successful application 2. Grounds: Whether one fo the grounds of judicial review has b een established 3. Remedies: What is the appropriate remedy? Administrative Law: What is required for a claim in judicial review to have standing? (8) - ✔ ✔ - Claim must be against a public body - If a contract exists between the parties, it is a matter f or private law - Pre-action protocol (letter to defendant, respond within 14 days, permission) - The outcome for the claimant must be substantially different - Time limit (promptly but no later than 3 months, planning permission = 6 weeks) - Issue of l aw (not facts) - Sufficient interest (incl. groups and associations) - Last Resort Constitutional Law: Can the courts strike down an Act of Parliament? - ✔ ✔ - No - The closest they can get to striking an Act of Parliament down is by issuing a 'declarati on of incompatibility' under S.4 of the Human Rights Act 1998. This does not have any immediate legal effect, however. Constitutional Law: How can an MP be recalled? - ✔ ✔ - Convicted and sentenced to imprisonment - Suspended for 10 days for misconduct - Provided false or misleading information relating to their expenses. If more than 10% of the electorate in that constituency sign the 'recall petition', a by -election is held. Constitutional Law: How can new prerogative powers be created? - ✔ ✔ Trick question. No new prerogative powers can be created. Constitutional Law: How is an international treaty ratified? - ✔ ✔ - Prerogative power subject to Parliament. - Draft laid before Parliament for 21 days, if neither one of the Houses votes against it. - If rejected, they can explain and try again for another 21 days. Constitutional Law: How is the negative aspect of parliamentary sovereignty softened? - ✔ ✔ - The courts interpret on the presumption that Parliament has not intended to legislate contrary to the rule of law Constitutional Law: How is the PM chosen in a hung parliament? - ✔ ✔ - remains in office until it is clear that have lost the confidence of the House. - Parties nego tiate amongst themselves. - If necessary, the existing PM will resign and the Monarch will appoint the person with the confidence of the House. Constitutional Law: How might the devolved bodies of Scotland and Wales be abolished? - ✔ ✔ If they cote in favo ur of their abolition at a referendum. Constitutional Law: What are constitutional conventions? Why are they complied with? - ✔ ✔ - These arise out of a previous course of political dealing. - They are followed because the course of dealing gives rise to a duty to follow the practice and the substantial political criticism that will arise if one acts contrary to it. Constitutional Law: What are Henry VIII powers? - ✔ ✔ - Powers given to government to amend primary legislation
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