QCM : UK Administrative Law and Judicial Review — 11 questions

Questions et réponses du QCM

1. What does Dicey’s myth claim about the UK legal system?

That administrative tribunals are part of the ordinary courts
That UK courts have no power to review public bodies
That Parliament is unable to pass delegated legislation
That the UK lacks a developed system of administrative law

That the UK lacks a developed system of administrative law

Explication

Dicey’s myth is the claim that the UK did not have a developed administrative law system. The other options describe different constitutional or institutional points, not Dicey’s myth.

2. What does Dicey’s myth claim about the nature of administrative law in the UK?

The UK has a highly developed and distinct administrative law system.
The UK and other countries share a similar administrative law structure.
Administrative law in the UK is primarily based on codified statutes.
The UK has no proper term or developed system for administrative law.

The UK has no proper term or developed system for administrative law.

Explication

Dicey’s myth claims that the UK lacks a proper or developed administrative law system and that the phrase is not a familiar legal term, implying its absence or underdevelopment.

3. Which pair of constitutional principles is associated with Dicey?

Separation of powers and federalism
Ministerial responsibility and judicial supremacy
Parliamentary sovereignty and the rule of law
Collective cabinet responsibility and devolution

Parliamentary sovereignty and the rule of law

Explication

Dicey is identified with parliamentary sovereignty and the rule of law. The other pairs are important constitutional ideas, but they are not Dicey’s two principles.

4. Who is the Victorian jurist known for shaping key constitutional ideas and authoring 'Introduction to the Study of the Law of the Constitution' in 1885?

A. V. Dicey
Blackstone
H. L. A. Hart
John Austin

A. V. Dicey

Explication

A. V. Dicey is the Victorian jurist credited with shaping constitutional ideas and authoring the influential book in 1885, which is central to UK constitutional law.

5. What is judicial review in UK public law?

A full rehearing of the merits of an administrative decision
A private law remedy for enforcing contractual promises
A parliamentary procedure for approving delegated legislation
A court process for checking the legality of decisions or actions by public bodies

A court process for checking the legality of decisions or actions by public bodies

Explication

Judicial review is the process by which courts examine whether public bodies have acted lawfully. It does not re-decide the merits of the decision, which makes the second option wrong.

6. What is the primary role of judicial review within UK law?

To provide a forum for debating political policies
To examine the legality of decisions or actions by public bodies
To determine the best policy outcome for the government
To replace parliamentary legislation with court decisions

To examine the legality of decisions or actions by public bodies

Explication

Judicial review is primarily used by courts to examine whether decisions or actions by public bodies are lawful. It does not evaluate the merits or policy decisions, nor does it replace legislative authority.

7. Why did Dicey’s influence matter for the development of judicial review?

It required courts to defer completely to ministers
It encouraged many lawyers to think England had no administrative law
It made tribunal decisions immune from legal challenge
It abolished prerogative writs as outdated remedies

It encouraged many lawyers to think England had no administrative law

Explication

Dicey’s writing led many lawyers to defend the belief that England had no administrative law. That belief later came under pressure as judicial review expanded and public power grew.

8. When was the first edition of Dicey’s 'Introduction to the Study of the Law of the Constitution' published, marking a significant point in UK constitutional law history?

1885
1850
1920
1900

1885

Explication

The first edition of Dicey’s influential work was published in 1885, shaping debates on UK constitutional principles. This date predates other major constitutional developments and is a key reference point in legal history.

9. How does the concept of Parliament in the principle of parliamentary sovereignty differ from the idea of the King in Parliament as described by Dicey?

Parliament in sovereignty is the highest legal authority capable of making or unmaking laws, while King in Parliament describes the historical collective of the monarch, Lords, and Commons acting together.
Parliament in sovereignty is solely the House of Commons, whereas King in Parliament includes the monarch as well.
Parliament in sovereignty refers only to the legislative powers exercised today, whereas King in Parliament relates only to medieval governance.
Parliament in sovereignty is limited by constitutional statutes, whereas King in Parliament has unlimited powers.

Parliament in sovereignty is the highest legal authority capable of making or unmaking laws, while King in Parliament describes the historical collective of the monarch, Lords, and Commons acting together.

Explication

Dicey’s definition of Parliament as 'the King in Parliament' includes the monarch, the House of Lords, and the House of Commons acting together, reflecting its historical development. In contrast, parliamentary sovereignty today emphasizes that Parliament is the supreme legal authority to make or unmake laws, with no body able to override its legislation.

10. Who is credited with formulating the principle of parliamentary sovereignty, emphasizing that Parliament has the supreme legal authority and no one can override its legislation?

A. V. Dicey
Thomas Hobbes
William Blackstone
John Locke

A. V. Dicey

Explication

A. V. Dicey is credited with formulating the principle of parliamentary sovereignty, which holds that Parliament can make or unmake any law and that no entity can override its legislation.

11. What is a primary consequence of the presumption of procedural fairness in administrative law when public power is exercised?

It requires authorities to adhere to fairness principles such as representation and disclosure before making decisions.
It allows authorities to bypass natural justice if there is an urgent need to act.
It permits authorities to make decisions without providing reasons if it is in the public interest.
It mandates that all decisions must be published publicly, regardless of their nature.

It requires authorities to adhere to fairness principles such as representation and disclosure before making decisions.

Explication

The presumption of procedural fairness ensures that authorities follow fairness principles, such as providing representations and disclosure, to uphold natural justice before decisions affecting individuals are made.

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UK administrative law — Dicey’s myth?

UK lacks a developed administrative law system, according to Dicey.

Dicey’s myth

UK lacks a developed administrative law system.

Judicial review — core of UK law?

It examines legality of public body decisions.

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