SQE1 Constitutional & Administrative Law practice questions

Constitutional and administrative law is assessed in FLK1 as part of the legal system. It covers the institutions of the state, parliamentary sovereignty, the rule of law and the separation of powers, the royal prerogative, human rights, judicial review of public decisions, and EU law and its legacy in UK law. Key primary sources include the Human Rights Act 1998, the Senior Courts Act 1981, the European Union (Withdrawal) Act 2018 and Part 54 of the Civil Procedure Rules, which governs judicial review procedure. Every question below links to the source behind its answer.

Rules to remember

Since the end of 2023 EU supremacy is not part of domestic law; assimilated direct legislation is read compatibly with, and is subject to, domestic enactments whenever made. Question L249

A court deciding a question about a Convention right must take relevant Strasbourg case law into account, but is not bound to follow it. Question L248

Only a victim may bring proceedings under HRA s.7(1)(a), within one year of the act or such longer period as the court considers equitable. Question L247

A clear, unambiguous and unqualified promise by a public body may found a substantive legitimate expectation; departure is permitted only if fair, and detrimental reliance is not essential. Question L246

The High Court must refuse judicial review relief if it is highly likely the outcome would not have been substantially different, unless exceptional public interest justifies granting it. Question L245

A breach of the peace involves actual or threatened harm; it is not itself an offence, but anyone may take reasonable steps to prevent one reasonably believed to be about to occur. Question L244

Written notice of a campaigning procession must be delivered to a police station in the starting area at least 6 clear days ahead, unless not reasonably practicable; posting does not count as delivery. Question L243

Article 9 protects proceedings in Parliament, meaning its core or essential business; submitting expenses claims is administrative, so MPs can be prosecuted for dishonest claims. Question L242

The Sewel convention, though recognised in statute, is a political convention: the courts will not enforce it or rule on its scope, and an Act passed without Senedd consent is valid. Question L241

Where Parliament has by statute regulated the same ground as a prerogative power, the prerogative is displaced and the Crown must act under the statute. Question L240

Constitutional statutes are not subject to implied repeal; they can be repealed only by express words or words so specific that an actual intention to repeal is irresistible. Question L239

A judicial review claim must be filed promptly and within three months of the grounds arising, and the parties cannot extend this by agreement. Question 05

A declaration of incompatibility under s.4 HRA 1998 leaves the provision valid, operative and enforceable and does not bind the parties; change is left to Parliament or a Minister's remedial order under s.10. Question 20

A public Bill (not a Money Bill or one extending Parliament's life) rejected by the Lords in two successive sessions can receive Royal Assent without them if a year separates the required Commons stages. Question 34

A private body with some functions of a public nature is a hybrid public authority under HRA 1998 s.6(3)(b), bound by s.6 when performing those functions but not for acts of a private nature (s.6(5)). Question 48