CELE SQE

CELE SQE1 模拟练习

Examination Timing: 00H01M06S

Parliament has passed a controversial bill that prohibits people with black hair from driving their cars on Sundays. The bill has received Royal Assent and is now an Act. Mr. David King, a lawyer, is asked about the legal position regarding this Act and Parliamentary Sovereignty.

Which of the following statements best describes the legal position?

The Act cannot be challenged as Parliament can make laws concerning anything

The Act cannot be challenged as Parliament can make laws concerning anything, unless the case involves a point of law of general public importance. In such a case, the new UK Supreme Court can rule against the new Act

The Act can only be challenged at the European Court of Justice and declared as incompatible as it contradicts EU law

Although the Act may contradict Human Rights, it cannot be challenged by the European Court of Justice as it is an internal matter of the UK

The Act can be challenged at the European Court of Justice as it contradicts EU Law, and also in UK courts and declared as incompatible as it does not comply with the European Convention on Human Rights

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There are limitations on Parliamentary Sovereignty, particularly due to the Human Rights Act 1998, which incorporates the European Convention on Human Rights (ECHR) into UK law. UK courts can declare an Act of Parliament incompatible with the ECHR. Additionally, the UK's membership in the European Union (prior to Brexit) allowed for Acts of Parliament to be challenged at the European Court of Justice if they contravened EU law.

Key Point: Parliamentary Sovereignty in the UK is subject to certain limitations, particularly through the Human Rights Act 1998 and, historically, through EU law. These mechanisms ensure that UK legislation complies with broader human rights standards and international obligations.

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Constitutional & Administrative LawUnit 1Chapter 1: Parliament and Parliamentary Sovereignty

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