Prerogative Remedies: A Comprehensive Guide for Constitutional Law Students

Question 1

Which judicial body has the authority to issue a writ of habeas corpus in the United Kingdom?

Accepted Answer

The High Court

Answer

The Court of Appeal

Answer

The Supreme Court

Answer

Any judge

Question 2

Which fundamental principle serves as the primary limitation on the use of prerogative remedies?

Accepted Answer

The rule of law

Answer

The principle of natural justice

Answer

The doctrine of precedent

Answer

The separation of powers

Question 3

What is the key distinction between the prerogative remedies of habeas corpus and prohibition?

Accepted Answer

Habeas corpus challenges unlawful detention, while prohibition prevents unlawful acts.

Answer

Prohibition challenges unlawful detention, while habeas corpus prevents unlawful acts.

Answer

Habeas corpus is only available in criminal matters, while prohibition is available in both civil and criminal matters.

Answer

Prohibition is only available in criminal matters, while habeas corpus is available in both civil and criminal matters.

Question 4

Which landmark case established the principle that prerogative remedies can be applied against private entities performing public functions?

Accepted Answer

Anisminic Ltd v Foreign Compensation Commission

Answer

R v Adams

Answer

Bushell's Case

Answer

Entick v Carrington

Question 5

What is the primary role of the courts in reviewing the exercise of prerogative remedies?

Accepted Answer

To ensure that the remedies are applied fairly, consistently, and in accordance with established principles.

Answer

To determine whether the remedies are appropriate in each specific case.

Answer

To make the final decision on whether to grant or refuse the remedies.

Answer

To supervise the execution and enforcement of the remedies.

Question 6

Evaluate the effectiveness of prerogative remedies in upholding constitutional governance, considering their strengths and limitations.

Accepted Answer

Prerogative remedies are theoretically effective but encounter challenges in their practical application.

Answer

Prerogative remedies are outdated and have no practical significance in contemporary constitutional systems.

Answer

Prerogative remedies are the exclusive and most effective means of ensuring constitutional governance.

Answer

Prerogative remedies are not applicable to matters of constitutional law.

Question 7

Which of the following is NOT a prerogative remedy?

Accepted Answer

Injunction

Answer

Habeas corpus

Answer

Mandamus

Answer

Certiorari

Question 8

Which of the following is a valid ground for issuing a writ of mandamus?

Accepted Answer

Failure by a public official to perform a legal duty

Answer

Unfairness or injustice in a decision

Answer

Violation of fundamental rights

Answer

Breach of contract

Question 9

The writ of certiorari is used primarily to:

Accepted Answer

Review the errors of a lower court

Answer

Enforce the judgment of a higher court

Answer

Punish a public official for contempt

Answer

Protect witnesses from intimidation

Question 10

Which of the following is NOT a characteristic of prerogative remedies?

Accepted Answer

Available only to individuals

Answer

Extraordinary remedies

Answer

Discretionary in nature

Answer

Subject to strict time limits

Question 11

What is the main purpose of the remedy of habeas corpus?

Accepted Answer

To challenge the lawfulness of a person's detention or imprisonment.

Answer

To quash an unlawful decision made by a public body.

Answer

To compel a public body to perform a specific duty.

Question 12

What is the primary effect of a writ of certiorari?

Accepted Answer

It quashes or sets aside an unlawful decision made by a public body.

Answer

It orders the release of a person from unlawful detention.

Answer

It prohibits a public body from taking a specific action.

Question 13

What is the historical origin of prerogative remedies in the United Kingdom?

Accepted Answer

They originated from the discretionary powers of the Crown (Royal prerogative).

Answer

They were created by specific statutes enacted by Parliament.

Answer

They were developed through common law principles established by the courts.

Question 14

Which of the following principles governs the exercise of prerogative remedies by the courts?

Accepted Answer

The court has discretion to grant or refuse the remedy based on the specific circumstances of the case.

Answer

Prerogative remedies are only available in cases where there is no other legal remedy.

Answer

The courts are bound to grant a prerogative remedy if the legal requirements are met.

Question 15

What is the primary role of the courts in relation to prerogative remedies?

Accepted Answer

To oversee and ensure the lawful exercise of power by public bodies and officials.

Answer

To create new laws and policies.

Answer

To provide legal advice to public bodies.

Question 16

Provide an example of a significant case in the UK where a prerogative remedy was successfully used.

Accepted Answer

Miller v. Secretary of State for Exiting the European Union (2017)

Answer

Donoghue v. Stevenson (1932)

Answer

R v. Dudley and Stephens (1884)

Question 17

Which of the following is NOT a prerogative remedy?

Accepted Answer

Injunction

Answer

Mandamus

Answer

Habeas corpus

Answer

Prohibition

Question 18

The primary purpose of a writ of habeas corpus is to:

Accepted Answer

Secure the release of a person from unlawful detention

Answer

Compel a public official to perform a specific duty

Answer

Quash a decision of a lower court

Question 19

To obtain a writ of mandamus, which of the following is a primary requirement?

Accepted Answer

A clear legal duty on the part of the defendant

Answer

The defendant must be a government official

Answer

Irreparable harm if the writ is not granted

Answer

A lack of alternative legal remedies

Question 20

Certiorari is a remedy that allows a higher court to:

Accepted Answer

Review the proceedings of a lower court

Answer

Issue an injunction against a party

Answer

Compel a witness to testify

Answer

Punish a party for contempt of court

Question 21

In the context of prerogative remedies, what is the primary role of the courts?

Accepted Answer

To ensure the legality of administrative action

Answer

To create new laws and policies

Answer

To resolve private disputes between individuals

Question 22

Which of the following cases established the principle of judicial review in the UK?

Accepted Answer

Entick v. Carrington

Answer

Donoghue v. Stevenson

Answer

Marbury v. Madison

Answer

Rylands v. Fletcher

Question 23

How have prerogative remedies evolved over time?

Accepted Answer

Their scope has expanded to include challenges to administrative decisions

Answer

They have become less commonly used

Answer

Their availability is now limited to cases involving fundamental rights

Question 24

What is a key significance of prerogative remedies in protecting individual rights?

Accepted Answer

They provide a means for individuals to challenge unlawful government action

Answer

They guarantee that all individuals are treated equally before the law

Answer

They prevent the government from infringing on fundamental freedoms