LAW 399 DEFINITION & SCOPE OF CONSTITUTIONAL LAW REVIEW EXAM UNE Q & A
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Course
Law
Institution
University Of New England (UNE
)
LAW 399 DEFINITION & SCOPE OF CONSTITUTIONAL LAW REVIEW EXAM UNE Q & ALAW 399 DEFINITION & SCOPE OF CONSTITUTIONAL LAW REVIEW EXAM UNE Q & ALAW 399 DEFINITION & SCOPE OF CONSTITUTIONAL LAW REVIEW EXAM UNE Q & A
Definition & Scope of
Constitutional Law
Review Exam
Q&A
2024
, 1. What principle underlies the concept of constitutional supremacy?
A) Rule of Law
B) Separation of Powers
C) Judicial Review
D) Parliamentary Sovereignty
Answer: D) Parliamentary Sovereignty
Rationale: In the UK, the principle of parliamentary sovereignty means
that Parliament is the supreme legal authority, which can create or end any
law. Generally, the courts cannot overrule its legislation and no Parliament
can pass laws that future Parliaments cannot change.
2. Which case established the principle of judicial review in the UK?
A) Entick v Carrington
B) Marbury v Madison
C) A and Others v Secretary of State for the Home Department
D) R (Miller) v Prime Minister
Answer: C) A and Others v Secretary of State for the Home Department
Rationale: This case confirmed the courts' power to review the legality of
acts of Parliament and determine whether they are in accordance with the
Constitution.
3. What is the 'rule of recognition' in the context of UK constitutional law?
A) A rule that recognizes the sovereignty of the monarch
B) A rule that identifies the valid sources of law
C) A rule that outlines the procedure for amending the Constitution
D) A rule that defines the boundaries of legislative authority
Answer: B) A rule that identifies the valid sources of law
Rationale: The rule of recognition is a concept developed by H.L.A. Hart,
which identifies the authoritative sources of law in a given jurisdiction,
such as legislation, judicial decisions, and customary law.
4. Which document is considered the cornerstone of the unwritten UK
Constitution?
A) The Magna Carta
B) The Bill of Rights
C) The Act of Settlement
D) The Parliament Acts
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