Question 1

The concept of parliamentary sovereignty in the UK is enshrined in statute.

Accepted Answer

Parliamentary sovereignty in the UK is a principle of the constitution, not enshrined in a specific statute. It has developed through common law and constitutional conventions.

Question 2

Given the extra-territorial effect of parliamentary legislation, which of the following crimes committed abroad will be triable in the UK?

Accepted Answer

Murder committed abroad by a British national or a person with a close connection to the UK is triable in the UK due to the extra-territorial jurisdiction provided by UK law.

Question 3

Which of the following do NOT form part of Dicey's views on the non-legal constraints on parliamentary sovereignty?

Accepted Answer

Dicey did not believe that judges always take note of the opinions of the electorate. In fact, he argued that judges are only bound by the law and not by the opinions or wishes of the electorate.

Question 4

Define parliamentary sovereignty with reference to key theorists.

Accepted Answer

The answer of Define parliamentary sovereignty with reference to key...

Question 5

Evaluate the concept of sovereignty in written constitutions.

Accepted Answer

The answer of Evaluate the concept of sovereignty in written...

Question 6

Explain how in the UK the electorate assert political control over the sovereignty of Parliament.

Accepted Answer

The answer of Explain how in the UK the electorate...

Question 7

Explain the difference between the 'validity' and the 'effectiveness' of an Act of Parliament, highlighting the distinction between the legal and political realities of parliamentary sovereignty.

Accepted Answer

The answer of Explain the difference between the 'validity' and...

Question 8

Explain, using case law examples, the doctrine of implied repeal.

Accepted Answer

The answer of Explain, using case law examples, the doctrine...

Question 9

To what extent do you believe the Northern Ireland (Constitution) Act 1973 bound future parliaments?

Accepted Answer

The answer of To what extent do you believe the...

Question 10

To what extent do you believe that the UK's membership of the European Union has destroyed parliamentary sovereignty?

Accepted Answer

The answer of To what extent do you believe that...

Question 11

Which of the following are circumstances in which the sovereignty of the UK Parliament could be lost?

Accepted Answer

The answer of Which of the following are circumstances in...

Question 12

The case of Thoburn v Sunderland City Council lays down the principle that which type of statute cannot be impliedly repealed?

Accepted Answer

The principle laid down in Thoburn v Sunderland City Council is that a constitutional statute cannot be impliedly repealed.

Question 13

If a court believes that an Act of Parliament conflicts with the rights enshrined in the ECHR it can issue a declaration of ...

Accepted Answer

If a court believes that an Act of Parliament conflicts with the rights enshrined in the ECHR it can issue a declaration of incompatibility. This means that the court is stating that the legislation cannot coexist with the rights protected by the ECHR. However, the declaration does not directly impact the validity of the legislation, and it is up to Parliament to decide whether to amend or repeal the relevant law.

Question 14

Parliament can pass legislation to change the length of its terms of office.

Accepted Answer

Parliament has the power to pass laws regarding the length of its own terms of office. However, any such changes would require approval from both the House of Commons and the House of Lords, and would need to follow the standard process for enacting legislation.

Question 15

Parliament can pass legislation which has retrospective effect.

Accepted Answer

It is within the legislative power of Parliament to pass a law which has retrospective effect. However, such legislation must be in compliance with the principles of natural justice and not violate any fundamental rights.

Question 16

Where two statutes conflict a judge can choose which one to apply.

Accepted Answer

When two statutes conflict, it is the duty of the court to determine which statute was intended to apply in the specific situation at hand. The judge cannot simply choose which one to apply based on personal preference. The court will typically use tools such as statutory interpretation and legislative history to determine the intended application of the statutes.

Question 17

The European Communities Act of 1972 expressly states that the law emanating from European Union is supreme.

Accepted Answer

The answer of The European Communities Act of 1972 expressly...

Question 18

Which of the following does NOT form part of Dicey's classic 1885 definition of parliamentary sovereignty?

Accepted Answer

Dicey's classic definition of parliamentary sovereignty did not include any mention of Parliament consisting of three separate arms. This concept is instead associated with the separation of powers doctrine.

Question 19

Which of the following statements is TRUE?

Accepted Answer

Treaties entered into under the Royal Prerogative do not alter domestic law unless they are incorporated into law by an Act of Parliament. This principle ensures that the legal system within the country is only changed through the legislative process, maintaining parliamentary sovereignty.

Question 20

Which of the following cases lays down the principle that the courts will not question an enrolled Act?

Accepted Answer

Pickin v British Railways Board established the principle that the courts will not question the validity of an Act of Parliament once it has been duly enacted and entered the statute books. This case underscores the doctrine of parliamentary sovereignty, indicating that it is not within the courts' jurisdiction to challenge the legitimacy of properly passed legislation.

Quiz 5: Parliamentary Sovereignty