Limits on Parliamentary Sovereignty: Test Your Knowledge

Question 1

Which of the following is NOT considered a potential limitation on the sovereignty of the UK Parliament?

Accepted Answer

Royal prerogative

Answer

The courts

Answer

International law

Answer

The European Union

Question 2

The doctrine of constitutional conventions refers to:

Accepted Answer

Unwritten rules and practices that govern the exercise of parliamentary power

Answer

Statutory provisions that limit the authority of the government

Answer

Prerogative powers exercised by the monarch

Answer

Decisions of the courts that interpret the constitution

Question 3

The concept of parliamentary supremacy emerged during which historical period?

Accepted Answer

The Tudor dynasty

Answer

The Middle Ages

Answer

The Stuart dynasty

Answer

The Victorian era

Question 4

How has the European Communities Act 1972 affected the sovereignty of the UK Parliament?

Accepted Answer

It has sparked an ongoing debate about the EU's influence on the UK Parliament's sovereignty.

Answer

It has given the EU complete control over the UK Parliament.

Answer

It has had no effect on the UK Parliament's sovereignty.

Answer

It allows the UK Parliament to cancel the European Communities Act 1972 and regain full sovereignty.

Question 5

Which landmark case established the principle that Parliament cannot bind its successors?

Accepted Answer

Factortame Ltd v Secretary of State for Transport

Answer

Entick v Carrington

Answer

Miller v Secretary of State for Exiting the European Union

Answer

R (on the application of Jackson) v Attorney General

Question 6

Which factor has NOT contributed to the decline in the absolute sovereignty of Parliament?

Accepted Answer

Strengthened executive power

Answer

The growing influence of international human rights law

Answer

The UK's former membership in the European Union

Answer

Increased judicial activism

Question 7

How does the principle of entrenchment limit the UK Parliament's sovereignty?

Accepted Answer

It establishes a mechanism to protect specific laws from being repealed or amended by Parliament without following specific procedures.

Answer

It simplifies Parliament's ability to repeal or amend certain laws.

Answer

It empowers courts to invalidate Acts of Parliament that breach entrenched provisions.

Answer

It has no impact on Parliament's sovereignty.

Question 8

Which of the following is NOT a recognized limitation on the doctrine of parliamentary sovereignty in the United Kingdom?

Accepted Answer

Public opinion

Answer

The role of the courts

Answer

International law

Answer

The European Convention on Human Rights

Question 9

The doctrine of parliamentary sovereignty means that the UK Parliament:

Accepted Answer

Has the exclusive power to make or unmake any law it wishes.

Answer

Is subject to the authority of the courts.

Answer

Can only make laws that are compatible with international law.

Answer

Must obtain the consent of the people before passing laws.

Question 10

In which case did the UK courts first establish their authority to strike down legislation that violates EU law?

Accepted Answer

Factortame Ltd v Secretary of State for Transport

Answer

McDonnell v United Kingdom

Answer

R (on the application of Miller) v Secretary of State for Exiting the European Union

Answer

HS2 Action Alliance Ltd v Secretary of State for Transport

Question 11

The constitutional convention known as the 'Sewel Convention' relates to:

Accepted Answer

The devolution of power to Scotland, Wales, and Northern Ireland.

Answer

The relationship between the UK Parliament and the European Union.

Answer

The role of the courts in interpreting legislation.

Answer

The process of amending the UK constitution.

Question 12

Which of the following is NOT a feature of a codified constitution?

Accepted Answer

Easily amendable

Answer

Written in a single document

Answer

Supreme over all other laws

Answer

Protects individual rights and freedoms

Question 13

Which of the following is a potential limitation on the sovereignty of the UK Parliament?

Accepted Answer

The Human Rights Act 1998

Accepted Answer

The European Union

Answer

The principle of implied repeal

Question 14

Which of the following is a recognized limit on the sovereignty of Parliament?

Accepted Answer

Parliament cannot bind its successors

Answer

Parliament can make laws that violate fundamental human rights

Answer

Parliament can legislate retrospectively

Question 15

The principle of 'implied repeal' refers to the situation where:

Accepted Answer

A later statute implicitly repeals an earlier one if there is inconsistency between them

Answer

Parliament can only repeal a statute expressly

Answer

The courts have the final say in determining whether a statute has been repealed

Question 16

A potential consequence of the UK Supreme Court's decision in R (Miller) v. Secretary of State for Exiting the European Union is that:

Accepted Answer

Parliament may be required to seek the approval of the devolved legislatures before triggering Article 50

Answer

Parliament's sovereignty has been abolished

Question 17

The concept of 'entrenchment' in a constitution refers to:

Accepted Answer

A provision that can only be amended by a higher level of authority

Answer

A provision that cannot be amended or repealed at all

Answer

A provision that has been incorporated into a statute by Parliament

Question 18

Which of the following is a potential advantage of entrenching certain constitutional provisions?

Accepted Answer

It can help safeguard fundamental rights and freedoms from arbitrary interference by Parliament

Answer

It reduces the power of the judiciary to interpret the constitution

Answer

It makes the constitution more flexible and adaptable to changing circumstances

Question 19

The Human Rights Act 1998:

Accepted Answer

Incorporated the European Convention on Human Rights into UK domestic law

Answer

Abolished the principle of parliamentary sovereignty

Answer

Conferred new powers on the judiciary to strike down legislation

Question 20

Which of the following is a potential argument in favor of limiting parliamentary sovereignty?

Accepted Answer

It helps protect the rights of minorities and individuals from the tyranny of the majority

Answer

It ensures that the constitution is always up-to-date with the latest social and political trends

Answer

It makes the government more efficient and effective in responding to the needs of the people

Question 21

According to the doctrine of parliamentary sovereignty, which body in the United Kingdom has the ultimate authority to make and unmake any law?

Accepted Answer

Parliament

Answer

The Courts

Answer

The European Union

Answer

The Executive

Question 22

Which of the following is NOT considered a potential limitation on parliamentary sovereignty in the United Kingdom?

Accepted Answer

The principle of natural justice

Answer

International law

Answer

The European Union

Answer

The rule of law

Question 23

According to the doctrine of implied repeal in the United Kingdom, what is true?

Accepted Answer

A later statute will impliedly repeal an earlier statute to the extent of any inconsistency between them.

Answer

A later statute will always expressly repeal an earlier statute.

Question 24

Which of the following is a distinctive feature of the UK constitution?

Accepted Answer

It is uncodified and based on a combination of statutes, conventions, and common law principles.

Answer

It is heavily influenced by Roman law and the Napoleonic Code.

Answer

It is a single, written document that sets out all of the fundamental principles of the state.

Question 25

Which of the following is a potential argument in favor of parliamentary sovereignty?

Accepted Answer

It ensures that the government is ultimately accountable to the people.

Answer

It protects the rights of minorities.

Answer

It guarantees judicial independence.

Question 26

In the case of Cheney v Conn [1968], the House of Lords ruled that:

Accepted Answer

The courts have no jurisdiction to review the validity of Acts of Parliament.

Answer

Parliament cannot enact laws that violate the European Convention on Human Rights.

Answer

International law can override Acts of Parliament.

Question 27

Which of the following is NOT a recognized limit on the sovereignty of the UK Parliament, specifically in the context of the UK's membership in the European Union?

Accepted Answer

The European Union (Withdrawal) Act 2018

Answer

The common law

Answer

The European Convention on Human Rights

Answer

The Human Rights Act 1998

Question 28

What is the significance of the Human Rights Act 1998 in relation to parliamentary sovereignty, highlighting the tension between domestic law and international obligations?

Accepted Answer

It incorporates the European Convention on Human Rights into UK law, potentially limiting the scope of Parliament's legislative powers.

Answer

It abolished the House of Lords.

Answer

It established a new constitutional court.

Question 29

What is the role of the courts in relation to parliamentary sovereignty, emphasizing the interplay between different branches of government?

Accepted Answer

To interpret and apply legislation, ensuring that Parliament's intent is upheld while respecting broader legal principles.

Answer

To make new laws.

Answer

To overturn legislation, providing a check on Parliament's powers.

Question 30

Which of the following is an example of a way in which the UK Parliament can limit its own sovereignty, demonstrating the complexities of constitutional arrangements?

Accepted Answer

By passing an Act of Parliament that includes a provision stating that it cannot be repealed or amended, illustrating the potential for self-imposed constraints on legislative power.

Answer

By declaring war on another country.

Answer

By signing a treaty with another country.

Question 31

What is the difference between a 'constituent' and a 'legislative' power of Parliament, emphasizing the distinction between different types of parliamentary authority?

Accepted Answer

A constituent power is a power to make or change the constitution, which sets out the fundamental rules and principles of a political system, while a legislative power is a power to make ordinary laws that regulate specific aspects of society.

Answer

A constituent power is a power to make laws that apply to the whole country, while a legislative power is a power to make laws that apply to specific regions.

Question 32

What is the significance of the Magna Carta in relation to the development of parliamentary sovereignty, highlighting historical influences on constitutional principles?

Accepted Answer

It established the principle that the king was subject to the law, marking a crucial step in limiting the arbitrary exercise of royal power and laying the foundation for the concept of parliamentary sovereignty.

Answer

It created a new Parliament.

Answer

It abolished the monarchy.

Question 33

Which of the following is not a recognized potential limitation on the sovereignty of the UK Parliament?

Accepted Answer

The principle of parliamentary sovereignty itself

Answer

The courts

Answer

The European Union

Answer

International law

Question 34

According to the principle of parliamentary sovereignty, Parliament has the power to:

Accepted Answer

Make or unmake any law whatsoever, within the realm of its territorial jurisdiction

Answer

Delegate its legislative powers to other bodies indefinitely

Answer

Be limited by the courts on the grounds of procedural impropriety

Answer

Be bound by international law to which the United Kingdom is a party

Question 35

Which landmark case established the principle that the courts can strike down legislation on the grounds of its incompatibility with EU law?

Accepted Answer

Factortame Ltd. v. Secretary of State for Transport

Answer

Miller v. The Prime Minister

Answer

Anisminic Ltd. v. Foreign Compensation Commission

Answer

Marbury v. Madison

Question 36

Which of the following is a key argument put forward in favor of maintaining parliamentary sovereignty?

Accepted Answer

It ensures democratic accountability by giving the elected representatives of the people the ultimate law-making authority

Answer

It prevents legislative gridlock by allowing Parliament to override the decisions of other branches of government

Answer

It promotes judicial independence by insulating the judiciary from political pressure

Answer

It protects individual rights by incorporating a comprehensive bill of rights into the constitutional framework

Question 37

Which of the following is an example of an external limit on parliamentary sovereignty?

Accepted Answer

International law to which the United Kingdom is a party

Answer

The rule of law as interpreted by the UK courts

Answer

The separation of powers within the UK constitutional framework

Answer

The Bill of Rights incorporated into the UK constitutional framework

Question 38

True or False: The Human Rights Act 1998 placed a limit on the sovereignty of the UK Parliament by incorporating the European Convention on Human Rights into UK law.

Accepted Answer

True

Answer

False

Answer

Only in certain circumstances

Answer

Not yet

Question 39

Under the UK's dualist system, how are international treaties incorporated into UK law?

Accepted Answer

Treaties require an Act of Parliament to become directly enforceable in domestic courts.

Answer

International treaties automatically become part of UK law upon ratification.

Answer

Incorporation is at the sole discretion of the executive branch.

Question 40

How has devolution affected Parliamentary Sovereignty in the UK?

Accepted Answer

It has created a more nuanced picture of sovereignty, with the UK Parliament sharing some legislative competence with devolved bodies.

Answer

Devolution has fundamentally undermined Parliamentary Sovereignty, creating a federal system.

Question 41

Which statement accurately describes the post-Brexit status of EU law in the UK?

Accepted Answer

Retained EU law remains in effect, subject to amendments or repeal by the UK Parliament.

Answer

All EU law ceased to have effect in the UK immediately upon Brexit.

Question 42

The principle of 'judicial review' in the UK empowers courts to:

Accepted Answer

Review the legality of government actions, including those of Parliament.

Answer

Strike down legislation enacted by Parliament that is unconstitutional.

Answer

Overturn international treaties ratified by the UK government.

Question 43

How does the Human Rights Act 1998 (HRA) affect Parliamentary Sovereignty?

Accepted Answer

It requires courts to interpret legislation compatibly with the European Convention on Human Rights, but does not grant power to strike down incompatible legislation.

Answer

Courts can strike down legislation that conflicts with the European Convention on Human Rights.

Question 44

A potential consequence of the UK Supreme Court's judgment in the Miller/Cherry case (2019) is:

Accepted Answer

It may strengthen Parliamentary Sovereignty by limiting executive power.

Answer

It abolishes the doctrine of Parliamentary Sovereignty in the UK.

Question 45

The debate surrounding a potential codified constitution for the UK relates to Parliamentary Sovereignty because:

Accepted Answer

A codified constitution could impose explicit limits on Parliament's power.

Answer

Codifying the constitution is only a symbolic gesture with no legal impact on Parliamentary Sovereignty.

Answer

A codified constitution would give Parliament absolute and unlimited power.