Constitutional, Administrative and EU Law — SQE1 practice questions

The Harbour Redevelopment Act was passed by both Houses and received Royal Assent last year. It extinguished the fishing rights of a group of local families. Bethan, one of the families, has evidence that the Act's promoters deliberately misled the relevant parliamentary committee about the existence of those rights. She asks the High Court to declare the Act invalid, or at least inapplicable to her family, because Parliament was deceived.

Which of the following best describes how the court will respond to Bethan's claim?

1. AThe court will investigate the allegation and disapply the Act if the deception is proved, because fraud unravels everything.
2. BThe court will not investigate what happened in Parliament; once an Act appears on the parliamentary roll as duly passed, its validity cannot be questioned on the ground that Parliament was misled.
3. CThe court will declare the Act incompatible with the rule of law but cannot strike it down.
4. DThe court will refer the matter to the Supreme Court, which alone may examine the validity of Acts of Parliament.
5. EThe court will set the Act aside as against Bethan's family only, because it was in substance a private Act.

The House of Commons passed a Bill banning a traditional rural sport in two successive sessions. The House of Lords rejected it each time. The Bill then received Royal Assent without the Lords' consent under the procedure in the Parliament Acts 1911 and 1949. Clement, who organises events affected by the ban, argues that the Act is merely delegated legislation made under the Parliament Act 1949 and that the 1949 Act was itself invalid because it was passed using the 1911 Act procedure.

Which of the following best describes the validity of the Act?

1. AIt is invalid, because the 1911 Act could not be used to amend its own procedure, so the 1949 Act is void.
2. BIt is valid only as delegated legislation, so a court may review it on ordinary judicial review grounds.
3. CIt is invalid, because the House of Lords must consent to all legislation creating new criminal offences.
4. DIt is a valid Act of Parliament, because legislation passed under the Parliament Acts is primary legislation and the 1949 Act was validly enacted.
5. EIt is valid, but only for one year, after which it lapses unless the House of Lords approves it.

A 2025 Act on public order contains a general provision allowing police to 'take such steps as they consider necessary' to clear protest sites. The Act does not mention the Human Rights Act 1998. Della, a protester, relies on the Human Rights Act. The police argue that, because the 2025 Act is later in time and its general wording is wide, it has impliedly repealed the Human Rights Act so far as it applies to protest sites.

Which of the following best describes the court's likely approach?

1. AThe Human Rights Act will not be treated as impliedly repealed, because constitutional statutes can be repealed only by express words or words so specific that the intention is irresistible.
2. BThe Human Rights Act is impliedly repealed, because whenever two Acts conflict the later Act prevails.
3. CThe Human Rights Act cannot be repealed in any circumstances, because it is entrenched.
4. DThe 2025 Act is invalid to the extent that it conflicts with the Human Rights Act.
5. EThe court must make a declaration that the 2025 Act has impliedly repealed the Human Rights Act.