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LAW 399 DEVOLUTION & TERRITORIAL CONSTITUTION REVIEW EXAM UNE Q & A 2024 £14.72
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LAW 399 DEVOLUTION & TERRITORIAL CONSTITUTION REVIEW EXAM UNE Q & A 2024

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LAW 399 DEVOLUTION & TERRITORIAL CONSTITUTION REVIEW EXAM UNE Q & A 2024LAW 399 DEVOLUTION & TERRITORIAL CONSTITUTION REVIEW EXAM UNE Q & A 2024LAW 399 DEVOLUTION & TERRITORIAL CONSTITUTION REVIEW EXAM UNE Q & A 2024

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  • March 25, 2024
  • 19
  • 2023/2024
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LAW 399


Devolution &
Territorial
COnstitution Review
Exam

Q&A



2024

,1. Which principle underpins the devolution settlement in the UK
Constitution?
a) Parliamentary sovereignty
b) The rule of law
c) Separation of powers
d) Constitutional monarchy
Answer: a) Parliamentary sovereignty
Rationale: The principle of parliamentary sovereignty is central to the
UK Constitution and underpins the devolution settlement, as it allows the
UK Parliament to grant powers to devolved institutions while retaining the
authority to legislate on any matter.

2. What is the primary legislation that governs devolution in Scotland?
a) Scotland Act 1998
b) Scotland Act 2016
c) Acts of Union 1707
d) Edinburgh Agreement
Answer: a) Scotland Act 1998
Rationale: The Scotland Act 1998 is the primary legislation that
established the Scottish Parliament and the Scottish Government, setting
the framework for devolution in Scotland.

3. Which case confirmed the legality of the Sewel Convention?
a) AXA General Insurance Ltd v HM Advocate
b) Miller v Secretary of State for Exiting the European Union
c) Reference re Secession of Quebec
d) Imperial Tobacco Ltd v Lord Advocate
Answer: b) Miller v Secretary of State for Exiting the European Union
Rationale: The Miller case confirmed that the Sewel Convention, which
stipulates that the UK Parliament will not normally legislate on devolved
matters without consent, has a legal status but is not legally enforceable.

4. How does the principle of subsidiarity relate to devolution in the UK?
a) It restricts the powers of devolved governments.
b) It supports the idea of centralization of power.
c) It promotes the idea that decisions should be made at the most local
level possible.
d) It is irrelevant to the UK's constitutional arrangements.

, Answer: c) It promotes the idea that decisions should be made at the
most local level possible.
Rationale: The principle of subsidiarity aligns with devolution by
promoting the idea that decisions should be taken as closely as possible to
the citizen, allowing for local governance on matters that are not reserved
to the UK Parliament.

5. What is the significance of the West Lothian question in the context of
devolution?
a) It addresses the voting rights of Scottish MPs on English matters.
b) It concerns the legislative competence of the Welsh Assembly.
c) It relates to the financial arrangements between the UK and Northern
Ireland.
d) It deals with the appointment of judges in the UK Supreme Court.
Answer: a) It addresses the voting rights of Scottish MPs on English
matters.
Rationale: The West Lothian question arises from the situation where
Scottish MPs can vote on matters affecting England in the UK Parliament,
while English MPs cannot vote on similar matters devolved to the Scottish
Parliament.

6. Which of the following is a reserved matter under the Scotland Act
1998?
a) Health
b) Education
c) Defence
d) Housing
Answer: c) Defence
Rationale: Defence is a reserved matter under the Scotland Act 1998,
meaning it is the responsibility of the UK Parliament and not devolved to
the Scottish Parliament.

7. What was the legal significance of the Factortame case for
constitutional law in the UK?
a) It established the supremacy of EU law over national law.
b) It affirmed the sovereignty of the UK Parliament.
c) It clarified the scope of devolved powers.
d) It introduced the concept of legal personality for devolved bodies.

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