SQE 1 - Constitutional and
Administrative Law
Constitutional Law: What are the functions of a constitution? - Answer-- Establish and identify the key
institutions of the state
- Outline the respective powers of these institutions and their relationship with one another
- Regulate the relationship between the state, its institutions and individual citizens.
Constitutional Law: What is an uncodified constitution? - Answer-- One that lacks a single definitive
source containing its most important constitutional rules.
Constitutional Law: What are the sources of constitutional law? - Answer-- Acts of Parliament
- Common law
- Constitutional Conventions
- ECHR (through the Human Rights Act 1998)
Constitutional Law: What is the Rule of Law? - Answer-- the law should be applied fairly
, - government should act according to the law
- laws should not have retrospective effect
Constitutional Law: What is 'entrenchment'? Why does is the UK constitution not entrenched? -
Answer-- An entrenched constitution is where a higher form of law enables ordinary law to be struck
down if it is contrary to it.
- Act of Parliament are the highest form in the land, but because of the principle of parliamentary
sovereignty, Parliament can repeal or amend any law.
Constitutional Law: Can the courts strike down an Act of Parliament? - Answer-- No
- The closest they can get to striking an Act of Parliament down is by issuing a 'declaration of
incompatibility' under S.4 of the Human Rights Act 1998. This does not have any immediate legal effect,
however.
Constitutional Law: What is the royal prerogative? - Answer-- A collection of powers which belong to
the Crown ('the government')
Constitutional Law: What is the Ram Doctrine? - Answer-- a.k.a. 'Third Source Powers'
- Powers that are incidental to statutory and royal prerogative powers that allow the government to
carry out the ordinary business of government that are not set out in statute or prerogative powers.
Constitutional Law: What are constitutional conventions? Why are they complied with? - Answer--
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 the three basic elements of parliamentary sovereignty? - Answer--
Parliament has the right to make or unmake any law whatsoever
- No person or body is recognised as having the right to override or set aside Acts of Parliament
Administrative Law
Constitutional Law: What are the functions of a constitution? - Answer-- Establish and identify the key
institutions of the state
- Outline the respective powers of these institutions and their relationship with one another
- Regulate the relationship between the state, its institutions and individual citizens.
Constitutional Law: What is an uncodified constitution? - Answer-- One that lacks a single definitive
source containing its most important constitutional rules.
Constitutional Law: What are the sources of constitutional law? - Answer-- Acts of Parliament
- Common law
- Constitutional Conventions
- ECHR (through the Human Rights Act 1998)
Constitutional Law: What is the Rule of Law? - Answer-- the law should be applied fairly
, - government should act according to the law
- laws should not have retrospective effect
Constitutional Law: What is 'entrenchment'? Why does is the UK constitution not entrenched? -
Answer-- An entrenched constitution is where a higher form of law enables ordinary law to be struck
down if it is contrary to it.
- Act of Parliament are the highest form in the land, but because of the principle of parliamentary
sovereignty, Parliament can repeal or amend any law.
Constitutional Law: Can the courts strike down an Act of Parliament? - Answer-- No
- The closest they can get to striking an Act of Parliament down is by issuing a 'declaration of
incompatibility' under S.4 of the Human Rights Act 1998. This does not have any immediate legal effect,
however.
Constitutional Law: What is the royal prerogative? - Answer-- A collection of powers which belong to
the Crown ('the government')
Constitutional Law: What is the Ram Doctrine? - Answer-- a.k.a. 'Third Source Powers'
- Powers that are incidental to statutory and royal prerogative powers that allow the government to
carry out the ordinary business of government that are not set out in statute or prerogative powers.
Constitutional Law: What are constitutional conventions? Why are they complied with? - Answer--
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 the three basic elements of parliamentary sovereignty? - Answer--
Parliament has the right to make or unmake any law whatsoever
- No person or body is recognised as having the right to override or set aside Acts of Parliament
