Due 25 August 2025 graded A+
Which ONE of the following propositions is NOT part of Lord Bingham's eight
sub-rules of the rule of law?
A. the law must be accessible, intelligible, clear and predictable
B. the law must afford adequate protection of human rights
C. the law requires that the judiciary is wholly independent of the executive
and legislative branches of state
D. Ministers and public officers must exercise the powers conferred on them
reasonably, in good faith, for the purpose for which powers were conferred
and without exceeding the limits of such powers - correct answer-Correct
answer = C
the correct answer is C. Lord Bingham did not comment specifically on
judicial independence from the executive and legislative branches of state,
although he did make it clear that questions of legal rights and liabilities
should be decided by the courts.
The doctrine of the separation of powers is a legal principle developed by the
courts.
Is this statement true or false?
A. True
,B. False - correct answer-Correct answer = B
The principle of the separation of powers is a political theory developed by,
amongst others, Montesquieu.
Which ONE of the following propositions is NOT an example of the separation
of powers between Parliament and the judiciary?
A. The sub-judice rule
B. The convention that MPs will not criticise an individual judge
C. The provisions of section 1 of the House of Commons (Disqualification) Act
1975
D. The creation of the Judicial Appointments Commission - correct answer-
Correct answer = D
D is the correct answer. The creation of the Judicial Appointments
Commission is an example of the separation of powers between the judiciary
and the executive. The Judicial Appointments Commission is an independent
body with a significant role in the appointment of new members of the
judiciary.
Which ONE of the following propositions is NOT part of Lord Bingham's eight
sub-rules of the rule of law?
A. the law must be accessible, intelligible, clear and predictable
B. the law must afford adequate protection of human rights
C. the law requires that the judiciary is wholly independent of the executive
and legislative branches of state
D. Ministers and public officers must exercise the powers conferred on them
reasonably, in good faith, for the purpose for which powers were conferred
, and without exceeding the limits of such powers - correct answer-Correct
answer = C
the correct answer is C. Lord Bingham did not comment specifically on
judicial independence from the executive and legislative branches of state,
although he did make it clear that questions of legal rights and liabilities
should be decided by the courts.
In 'An Introduction to the Study of the Law of the Constitution' (1885), AV
Dicey identified the rule of law as having three essential components.
Is this statement true or false?
A. True
B. False - correct answer-Correct answer = A
Dicey's three components of the rule of law are set out in Unit 1: Sub-unit 2
of your Public Law Study Manual.
Which ONE of the following is NOT an example of the traditional doctrine of
the separation or powers?
A. The division of legislative power between the House of Lords and the
House of Commons
B. The rule that civil servants may not sit in the House of Commons
C. The principle that the courts may not question proceedings in Parliament
D. The principle that the courts will not adjudicate on questions involving
national security - correct answer-Correct answer = A