Chapter 3

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  1. Question 1 of 10

    1. Which European institution is largely responsible for making legislation?

    • Correct. Feedback: Answer (B) is correct: European legislation is largely made by the Council of Europe although the European Parliament have some delegated legislative powers.

    • Incorrect. Feedback: Answer (B) is correct: European legislation is largely made by the Council of Europe although the European Parliament have some delegated legislative powers.

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  2. Question 2 of 10

    2. Which of the following statements is true about the relationship between European and domestic law?

    • Correct. Feedback: Answer (C) is correct. This was confirmed in the case of Factortame Ltd (No.2).

    • Incorrect. Feedback: Answer (C) is correct. This was confirmed in the case of Factortame Ltd (No.2).

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  3. Question 3 of 10

    3. What is the effect of a declaration of incompatibility under section 4 of the Human Rights Act 1998?

    • Correct. Feedback: Answer (C) is correct. The UK court can make a declaration of incompatibility if a statute is incompatible with the European Convention on Human Rights, but it cannot strike down the offending statute.

    • Incorrect. Feedback: Answer (C) is correct. The UK court can make a declaration of incompatibility if a statute is incompatible with the European Convention on Human Rights, but it cannot strike down the offending statute.

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  4. Question 4 of 10

    4. Which of the following statements is true about statutory instruments?

    • Correct. Feedback: Answer (B) is correct: a statutory instrument is a piece of delegated legislation that facilitates the implementation of an Act of Parliament.

    • Incorrect. Feedback: Answer (B) is correct: a statutory instrument is a piece of delegated legislation that facilitates the implementation of an Act of Parliament.

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  5. Question 5 of 10

    5. According to the ejusdem generis maxim of interpretation, which of the following would be include in the class 'apples, cherries, plums and other crops'?

    • Correct. Feedback: Answer (C) is correct. The maxim provides that when a general term follows specific words, only things of the same kind are included. As apples, cherries and plums are fruit that grow on trees, pears are likely to be include in the class.

    • Incorrect. Feedback: Answer (C) is correct. The maxim provides that when a general term follows specific words, only things of the same kind are included. As apples, cherries and plums are fruit that grow on trees, pears are likely to be include in the class.

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  6. Question 6 of 10

    6. Which section of The European Communities Act (1972) provides that English law should be interpreted and have effect subject to the principle that EU law is supreme?

    • Correct. Feedback: The correct answer is (A). In joining the EC, Parliament has effectively limited its own sovereignty in areas, which are governed by EU law.

    • Incorrect. Feedback: The correct answer is (A). In joining the EC, Parliament has effectively limited its own sovereignty in areas, which are governed by EU law.

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  7. Question 7 of 10

    7. Which rule of statutory interpretation allows the court to consider the words of the statute in the context of the 'mischief' that the legislation was intended to resolve?

    • Correct. Feedback: The correct answer is (C). The Mischief rule was established in Heydon's Case in 1584. This is the most flexible rule, allowing the court to consider the words of the statute in the context of the 'mischief' that the legislation was intended to resolve.

    • Incorrect. Feedback: The correct answer is (C). The Mischief rule was established in Heydon's Case in 1584. This is the most flexible rule, allowing the court to consider the words of the statute in the context of the 'mischief' that the legislation was intended to resolve.

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  8. Question 8 of 10

    8. Parliament is the supreme law making body in the English legal system, this means that parliament has the power to enact, revoke or amend any law it wants.

    • Correct. Feedback: The correct answer is True. This is the doctrine of Parliamentary Sovereignty. It is important to note that whilst Parliament is Sovereign, it cannot however, bind its successors.

    • Incorrect. Feedback: The correct answer is True. This is the doctrine of Parliamentary Sovereignty. It is important to note that whilst Parliament is Sovereign, it cannot however, bind its successors.

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  9. Question 9 of 10

    9. A White Paper is a consultation document issued by the government, which sets out and invites comments from interested parties on proposals for legislation

    • Correct. Feedback: The correct answer is False. A White Paper sets out firm proposals for legislation.

    • Incorrect. Feedback: The correct answer is False. A White Paper sets out firm proposals for legislation.

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  10. Question 10 of 10

    10. With reference to control over delegated legislation Substantive ultra vires: is a claim that the procedures established by the Parent Act have not been followed.

    • Correct. Feedback: The correct answer is False. A claim of substantive ultra vires may arise where the person or body that Parliament delegated power to, have acted in excess of the power granted to them by Parliament.

    • Incorrect. Feedback: The correct answer is False. A claim of substantive ultra vires may arise where the person or body that Parliament delegated power to, have acted in excess of the power granted to them by Parliament.

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