Public Law of the UK and the Scotland

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Can you name the P.L.U.S Cases?

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RatioCase NameYear
The test for bias is whether a reasonable man believes it would have been biased
Affirms the Claim of Right in Scotland. Judges can only be removed by both houses1937
Certain statutes are 'constitutional' and cannot be implicitly repealed2003
You cannot use parliamentary records as evidence against someone
The Scotland Act is not justiciable on grounds of procedural impropriety, but other common law challenges are justiciable2007
By signing the EU treaty, and passing the 1972 EU act, parliament consented to be bound by EC derectives. Anything in contravention of these laws will be reinterpreted to bring it
You can apply for judicial review where A is given power over B, and abuses it
Nothing inherently wrong with executive appointing judges on a full-life tenure2000
Race, religion, age, class and background is not bias
The crown is a legal fiction to embody government1978
Breach of convention is not justiciable1969
New privileges can only be created by statute1705
Breaches of the 1707 Act of Union may be justiciable & amenable, but the principles of the AoU are fundamental and unalterable2000
Freedom from civil arrest1963
In the case of incompatibility with convention law, the court cannot strike down a law, but it can refer it back to parliament for review2004
The UK Parliament supercedes the court. In Scotland is amenable to the court2000
Citizens can do anything besides what is illegal1765
The crown cannot be bound implicitly by statute1947
In practice, parliamentary sovereignty is affected by political factors 1983
Acts of Parliament cannot be illegal because Parliament make the law2002
The 1949 Parliament Act is valid2005
Bribery is not allowed by parliament, and is enforceable as a crime in parliament
Prerogative power is amenable to judicial review if they pertain to issues justiciable by the court
No new prerogative powers can be created
You may look at Hansard to help define unclear statutory terms
RatioCase NameYear
Requires MPs to disclose their interests before taking seat and introducing bills
Some conventions are justiciable, if you can use a law to support it1976
The Acts of Union are not justiciable1975
Although the government is bound by common law, due to parliamentary supremacy, parliament can override the common law1965
UK parliament can legislate on foreign affairs, but the practical effect is useless. We must distinguish validity from enforceability1983
Existing prerogative powers can be adapted to cover new, novel situations
No Money Bills; Salisbury Doctrine; Extra procedure of passing bills after 2 loops in the Commons1911 & 1949
In judicial review, private or public bodies can be judicially reviewed. Actions can be struck down but court cannot substitute its own decision
Court cannot intervene in internal affairs of parliament
We will always sidestep questions on the Acts of Union1953
Lord Diplock's criteria for judicial review
The enrolled bill rule
Where judges have pecuniary interests, cases must be struck down1852
Absolute privilege; the right of parliament to regulate its internal affairs
Parliament maintains sole jurisdiction over its own privileges
Tenure 'ad vitum aut culpam' for judges1689
When a prerogative power has been constitutionalised, then the power is bound to the statute1920
What are the precedents? Were they following a rule? Is there a reason behind the rule?General
'Implicit Repeal' rule. If parliament makes a rule and there is conflict with the old rule, we adopt the new rule1934
Central to the rule of law: the judiciary must be independent2002
It was said obiter that a handful of acts effectively limit parliamentary supremacy2005
Even if there is a clause that a certain provision is not to be repealed, the same power which made that clause could repeal it1686
Enrolled bill rule1974
Judicial offences are amenable to parliament, and Judges are immune from suit1907
Monarch can no longer create prerogative powers. Existing prerogative is amenable by the court1610

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