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Higher Civil Service Grade 5 Admin study materials
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Higher Civil Service Grade 5 Admin practice questions

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Question 1Public Administration and Administrative Law

Under the classic Weberian model of bureaucracy, which characteristic most directly supports predictable, rule-bound decision-making by civil servants?

  1. Decision-making based on personal loyalty to a superior
  2. Informal negotiation with clients to reach outcomes
  3. Rotation of officials according to political affiliation
  4. Reliance on written rules and documented procedure Correct answer.

Explanation

Weber's ideal-type bureaucracy rests on legal-rational authority, in which written rules and recorded procedure constrain discretion and make decisions predictable and reviewable. Personal loyalty, political rotation and informal bargaining all undermine that predictability.

Question 2Public Administration and Administrative Law

A ministry delegates authority to a subordinate agency but retains the power to revoke that authority at any time. This arrangement is best described as:

  1. Privatisation of a public function
  2. Delegation of administrative authority Correct answer.
  3. Decentralisation by deconcentration
  4. Devolution of sovereign power

Explanation

Delegation transfers the exercise of authority while the delegating body keeps ultimate control and may withdraw it. Deconcentration relocates functions within the same legal person, devolution transfers real power irrevocably, and privatisation shifts functions outside the public sector.

Question 3Public Administration and Administrative Law

In administrative law, the principle of legality means that public authorities may act only where:

  1. The action follows internal ministerial guidance
  2. The action is approved by the affected citizens
  3. The action is efficient and cost-effective
  4. The action has been authorised by law Correct answer.

Explanation

Legality requires a legal basis for any administrative action that affects rights or imposes obligations; without statutory or other lawful authorisation the action is ultra vires. Efficiency, internal guidance and citizen approval cannot substitute for that legal foundation.

Question 4Public Administration and Administrative Law

An administrator holds a statutory power to grant licences and refuses an application without giving reasons or hearing the applicant, although the statute is silent on procedure. Which ground of judicial review is most directly engaged?

  1. Abuse of power through bad faith
  2. Error of law on the face of the record
  3. Breach of the rules of natural justice Correct answer.
  4. Frustration of the purpose of the statute

Explanation

The duty to act fairly, including hearing the affected person and giving reasons where the decision affects rights, forms part of natural justice and procedural fairness. Silence in the statute does not displace that implied duty. Bad faith and error of law concern the substance of the decision rather than the procedure.

Question 5Public Administration and Administrative Law

Which doctrine allows a court to quash an administrative decision because the decision-maker took into account a factor that the statute did not permit to be considered?

  1. Proportionality
  2. Estoppel against the administration
  3. Legitimate expectation
  4. Relevant and irrelevant considerations Correct answer.

Explanation

Review for relevant and irrelevant considerations asks whether the decision-maker weighed matters the statute required or excluded. Taking an irrelevant factor into account renders the decision vulnerable to being quashed. Proportionality, legitimate expectation and estoppel address different questions.

Question 6Public Administration and Administrative Law

A tribunal's decision is challenged on the ground that the tribunal misunderstood the meaning of a term in its governing statute. This challenge is properly characterised as:

  1. An error of fact within jurisdiction
  2. A breach of a legitimate expectation
  3. An abuse of discretion through unreasonableness
  4. An error of law reviewable by the courts Correct answer.

Explanation

Misinterpreting a statutory term is a question of law, and courts retain authority to correct errors of law by public decision-makers. Errors of fact within jurisdiction are generally not reviewable on the same basis, and the other grounds address different defects.

Question 7Public Administration and Administrative Law

In a civil-law jurisdiction, the administration's unilateral act creating legal effects for an individual, such as a licence grant, is best described as:

  1. A contract of public employment
  2. A private-law tort
  3. A legislative ordinance
  4. An administrative act Correct answer.

Explanation

The administrative act is the classic civil-law instrument by which the administration unilaterally determines the legal position of an individual. It differs from a contract, which requires agreement, from a tort, and from a general legislative ordinance.

Question 8Public Administration and Administrative Law

Which feature most clearly distinguishes a public-law contract from an ordinary private contract in administrative practice?

  1. It is governed by the general law of contract without modification
  2. It cannot be enforced before a court
  3. It may involve the exercise of public powers or the pursuit of a public task Correct answer.
  4. It must always be in writing

Explanation

Public-law contracts are characterised by their connection to a public task or the exercise of public powers, which may justify special rules on modification and termination. Form, enforceability and the applicable general law do not by themselves distinguish them.

Question 9Public Administration and Administrative Law

The ombudsman institution is best understood as a mechanism that:

  1. Prosecutes officials for criminal misconduct
  2. Issues binding judgments on the legality of decisions
  3. Investigates maladministration and recommends remedies Correct answer.
  4. Replaces judicial review of administrative action

Explanation

An ombudsman investigates complaints of maladministration and reports or recommends remedies, supplementing rather than replacing courts. Its findings are typically not binding, and criminal prosecution is a matter for prosecutors.

Question 10Public Administration and Administrative Law

A statute requires a decision-maker to consult affected residents before approving a development plan. The decision-maker consults only a selected group of developers. The decision is most vulnerable on the ground of:

  1. Error of fact
  2. Substantive ultra vires
  3. Procedural ultra vires Correct answer.
  4. Fettering of discretion

Explanation

Failure to follow a mandatory statutory procedure, such as consulting the specified class of affected persons, is procedural ultra vires. Substantive ultra vires concerns exceeding the scope of power, and the other grounds address different defects.

Question 11Public Administration and Administrative Law

Which statement best captures the doctrine of legitimate expectation in administrative law?

  1. Only written statutory promises can create expectations
  2. Expectations of favourable treatment must always be fulfilled
  3. A person may rely on a clear representation or settled practice affecting their legal position Correct answer.
  4. Any promise made by an official creates an enforceable contract

Explanation

Legitimate expectation protects reliance on a clear and unambiguous representation or settled practice where it affects the claimant's legal position, though the court balances it against the public interest. It is not a general rule that every expectation must be satisfied.

Question 12Public Administration and Administrative Law

An agency adopts a policy and refuses to consider any exceptional circumstances in individual cases. This conduct is most likely to be challenged as:

  1. Committing an error of law
  2. Breaching a legitimate expectation
  3. Acting under dictation from a superior
  4. Fettering discretion by rigid policy application Correct answer.

Explanation

An authority may adopt a policy to guide decisions but must remain willing to consider exceptional cases; refusing to do so amounts to fettering its discretion. Acting under dictation concerns improper outside influence, and the other grounds address different defects.

Question 13Public Administration and Administrative Law

The concept of proportionality in administrative review asks primarily whether:

  1. The decision was made within the statutory time limit
  2. The affected party was given a hearing
  3. The means used are suitable and no more restrictive than necessary to achieve a legitimate aim Correct answer.
  4. The decision-maker had the correct qualifications

Explanation

Proportionality assesses the relationship between means and ends: whether the measure is suitable, necessary and not excessive in its impact. Time limits, qualifications and hearings concern other requirements.

Question 14Public Administration and Administrative Law

Which principle requires that a person affected by an adverse administrative decision be informed of the case against them and given an opportunity to respond?

  1. Res judicata
  2. Pacta sunt servanda
  3. Nemo dat quod non habet
  4. Audi alteram partem Correct answer.

Explanation

Audi alteram partem, 'hear the other side', is the core rule of procedural fairness requiring notice of the case and an opportunity to respond. The other maxims concern property transfer, finality of judgments and the binding force of agreements.

Question 15Public Administration and Administrative Law

A civil servant is asked to implement a ministerial instruction that appears to exceed the statutory powers of the ministry. What is the most defensible professional response under administrative law?

  1. Raise the legal concern through the proper channels and seek clarification of the legal basis Correct answer.
  2. Implement the instruction because ministerial direction is conclusive
  3. Publicly denounce the minister without internal escalation
  4. Refuse all further work until the minister resigns

Explanation

Officials owe a duty to act lawfully and should raise concerns through internal legal and accountability channels, seeking clarification of the legal basis. Blind compliance risks unlawful action, while resignation or public denunciation are disproportionate first responses.

Question 16Public Administration and Administrative Law

Which of the following best describes the doctrine of separation of powers as applied to administrative law?

  1. Courts may substitute their own view on the merits of every administrative decision
  2. The executive supervises judicial appointments in all cases
  3. Legislature, executive and judiciary exercise distinct functions with checks between them Correct answer.
  4. Administrative agencies exercise no adjudicative functions

Explanation

Separation of powers allocates legislative, executive and judicial functions to distinct institutions with mutual checks, which underpins judicial review of administration. It does not require courts to decide the merits of every decision, nor does it bar agencies from adjudicative functions.

Question 17Public Administration and Administrative Law

The maxim 'delegatus non potest delegare' in administrative law generally means that:

  1. A person to whom power is delegated cannot delegate it further without authority Correct answer.
  2. Delegation extinguishes the original power
  3. A delegate may freely sub-delegate any power
  4. Delegated powers are always invalid

Explanation

The maxim expresses the presumption that a delegate cannot sub-delegate a power unless the statute permits it. Delegation does not extinguish the original power, and delegated powers are not inherently invalid.

Question 18Public Administration and Administrative Law

An administrator has a discretion to impose 'appropriate conditions' on a permit. Which exercise of that discretion is most likely to be lawful?

  1. Imposing a condition unrelated to the purpose of the permit regime
  2. Imposing a condition to punish the applicant for past criticism
  3. Imposing a condition that requires the applicant to waive all legal rights
  4. Imposing a condition reasonably connected to the statutory purpose Correct answer.

Explanation

Discretionary conditions must be reasonably connected to the statutory purpose and not used for improper purposes. Conditions that are unrelated, punitive or require the surrender of legal rights exceed the proper scope of the discretion.

Question 19Public Administration and Administrative Law

Which of the following is the strongest indicator that a decision-maker has acted under improper dictation?

  1. The decision-maker recorded reasons for the decision
  2. The decision-maker consulted stakeholders before deciding
  3. The decision-maker simply adopted a decision reached by an outside party without independent consideration Correct answer.
  4. The decision-maker applied the statutory criteria independently

Explanation

Improper dictation arises where the nominal decision-maker does not genuinely decide but merely endorses a decision made by someone else. Consultation, independent application of criteria and reasoned decisions all support lawful decision-making.

Question 20Public Administration and Administrative Law

The primary purpose of requiring administrative decision-makers to give reasons is to:

  1. Transfer responsibility to the applicant
  2. Increase the cost of administrative decisions
  3. Replace the need for judicial review
  4. Enable affected persons and reviewing courts to understand and test the basis of the decision Correct answer.

Explanation

Reasons promote transparency and accountability and allow affected persons and courts to assess whether the decision was lawfully reached. They do not replace judicial review or shift responsibility to the applicant.

Question 21Public Administration and Administrative Law

A decision is challenged as 'Wednesbury unreasonable'. This ground is typically satisfied where the decision is:

  1. So unreasonable that no reasonable authority could have reached it Correct answer.
  2. Made without consulting the applicant
  3. Outside the statutory time limit
  4. Based on a mistaken finding of fact

Explanation

The Wednesbury standard asks whether the decision is so unreasonable that no reasonable authority could have made it. Mistaken facts, failure to consult and late decisions engage other grounds of review.

Question 22Public Administration and Administrative Law

Which statement best reflects the relationship between administrative discretion and the rule of law?

  1. Discretion allows officials to act outside the law in emergencies
  2. Discretion is incompatible with the rule of law and must be eliminated
  3. Discretion is compatible with the rule of law where it is bounded by legal limits and subject to review Correct answer.
  4. Discretion is lawful only when exercised by elected officials

Explanation

The rule of law does not require eliminating discretion but demands that it be confined by legal limits, exercised for proper purposes and subject to review. It does not authorise officials to act outside the law, nor is it limited to elected officials.

Question 23Public Administration and Administrative Law

An administrative decision is set aside because the official who made it had a personal financial interest in the outcome. This is best characterised as:

  1. A failure to give reasons
  2. An error of law
  3. A breach of the rule against bias Correct answer.
  4. A procedural irregularity in consultation

Explanation

A decision-maker with a personal financial interest is disqualified under the rule against bias, which is part of natural justice. Consultation, error of law and reasons concern different aspects of decision-making.

Question 24Public Administration and Administrative Law

Which of the following best describes the effect of a successful application for judicial review of an administrative decision?

  1. The court may quash the decision and remit it to the decision-maker Correct answer.
  2. The court permanently bars the agency from acting in the field
  3. The court automatically substitutes its own decision on the merits
  4. The court awards damages as of right in all cases

Explanation

Judicial review typically results in quashing or declaring the decision unlawful and remitting the matter for lawful reconsideration. Courts do not generally substitute their own decision on the merits, and damages are not available as of right.

Question 25Public Administration and Administrative Law

A statutory scheme gives an agency broad discretion to allocate grants 'as it thinks fit'. A court is most likely to intervene where the agency:

  1. Consults applicants before deciding
  2. Records reasons for its allocations
  3. Allocates grants according to criteria that are irrational or inconsistent with the statutory purpose Correct answer.
  4. Adopts a published policy to guide allocations

Explanation

Broad discretionary wording does not license irrational or purpose-inconsistent criteria, and courts may intervene where discretion is abused. Publishing policy, consulting and giving reasons are all consistent with lawful administration.

Question 26Public Administration and Administrative Law

A ministry publishes a general rule that any application for a subsidy must be filed within 30 days of the announcement, although the governing statute sets no time limit. An applicant files on day 45 and is rejected solely for lateness. The rejection is best analysed as:

  1. An unlawful restriction because general administrative rules may not impose burdens not authorized by the statute Correct answer.
  2. A valid decision because time limits are inherent in every subsidy scheme
  3. A valid exercise of the ministry's power to regulate its own procedure, since procedural rules fall outside statutory limits
  4. A lawful decision because the applicant had notice of the rule and could have complied

Explanation

Administrative rule-making must remain within the framework of the enabling statute; a general rule cannot add substantive conditions or burdens that the legislature did not authorize. Because the statute fixed no deadline, the ministry exceeded its normative power by treating the 30-day rule as a binding bar. Notice to the applicant does not cure the absence of legal authority.

Question 27Public Administration and Administrative Law

An agency is empowered to license waste carriers. It refuses a licence because the applicant previously criticized the agency in the press. Which ground of review most directly fits this refusal?

  1. Error of law in interpreting the licensing statute
  2. Failure to give adequate reasons for the decision
  3. Breach of a legitimate expectation of a hearing
  4. Improper purpose or irrelevant consideration Correct answer.

Explanation

A power conferred for a regulatory purpose must be exercised for that purpose and on relevant considerations. Punishing an applicant for criticism is an irrelevant and improper motive, which renders the decision unlawful. The defect lies in the motive, not in the reasoning or statutory interpretation.

Question 28Public Administration and Administrative Law

Which statement best describes the effect of the principle of legality on administrative action?

  1. Administrative action must have a legal basis and cannot override fundamental rights without clear statutory authority Correct answer.
  2. Administrative action is valid if it is later ratified by a supervising minister
  3. Administrators may act freely unless a statute expressly forbids the action
  4. Administrative action is lawful whenever it serves the public interest

Explanation

The principle of legality holds that public authorities derive their powers from law and must act within it. Fundamental rights and common-law protections cannot be displaced except by clear words in a statute. Public interest or later ratification cannot supply missing legal authority.

Question 29Public Administration and Administrative Law

A statute empowers an inspector to enter premises 'where there are reasonable grounds to believe an offence is being committed'. The inspector enters a home on a hunch with no supporting information. The entry is:

  1. Lawful, because the power to enter is administrative and not reviewable
  2. Unlawful, because the statutory precondition of reasonable grounds was not satisfied Correct answer.
  3. Lawful, because the inspector's professional judgment is itself a reasonable ground
  4. Unlawful, but only if the occupier objected at the time

Explanation

Where a power is conditioned on reasonable grounds, the decision-maker must actually hold grounds that are objectively reasonable. A bare hunch does not meet that threshold, so the precondition fails and the entry is ultra vires. Reviewability does not depend on objection by the occupier.

Question 30Public Administration and Administrative Law

A department issues guidance telling officials that they 'must always refuse' applications from a particular category, although the statute confers individual discretion. Which defect does this guidance create?

  1. An error of fact about the applicants' circumstances
  2. A valid policy because guidance is not legally binding
  3. An unlawful fetter on discretion by adopting a rigid policy Correct answer.
  4. A breach of the duty to consult

Explanation

A lawful policy guides discretion but must leave room to consider the individual case. Guidance that mandates refusal in advance replaces the statutory discretion with a rule and amounts to an unlawful fetter. The fact that guidance is formally non-binding does not save it if officials treat it as conclusive.

Question 31Public Administration and Administrative Law

A decision-maker rejects an application after hearing evidence from a competitor who alleges misconduct, without disclosing that allegation to the applicant. The decision is most vulnerable on the ground of:

  1. Absence of proportionality analysis
  2. Breach of the audit alteram partem rule Correct answer.
  3. Failure to publish the decision
  4. Lack of statutory jurisdiction

Explanation

The right to be heard requires that a person facing an adverse decision be told the substance of the case against them and given a chance to respond. Relying on undisclosed allegations from a third party breaches that rule. The other grounds do not address the procedural unfairness described.

Question 32Public Administration and Administrative Law

Which statement most accurately captures the relationship between a public body's policy and its statutory discretion?

  1. A policy binds the courts as if it were delegated legislation
  2. A policy replaces discretion once it is adopted
  3. A policy is unlawful whenever it is applied consistently
  4. A policy may lawfully narrow discretion provided officials retain the ability to depart from it in exceptional cases Correct answer.

Explanation

Policies promote consistency, but the statute's discretion must remain real. Officials may adopt and follow a policy so long as they are willing to consider exceptions and depart from it where the individual case warrants. Policies are not legislation and do not bind courts.

Question 33Public Administration and Administrative Law

A court reviewing an administrative decision concludes that the decision-maker misunderstood a technical term in the statute, leading to a different outcome. The most apt ground of review is:

  1. Irrationality
  2. Error of law Correct answer.
  3. Procedural impropriety
  4. Bias

Explanation

Misconstruing a statutory term is a classic error of law, because the meaning of the statute is for the court to determine. Where the misunderstanding affects the outcome, the decision cannot stand. The remaining grounds concern procedure, reasoning quality, or impartiality.

Question 34Public Administration and Administrative Law

An official has power to grant permits 'subject to such conditions as are necessary to protect public safety'. The official imposes a condition requiring the permit holder to join a trade association. This condition is:

  1. Invalid, because it is not connected to the statutory purpose of protecting public safety Correct answer.
  2. Valid, because the permit holder may choose not to accept it
  3. Invalid, only if the trade association objects
  4. Valid, because conditions are within the official's discretion

Explanation

Conditions attached to a permit must fall within the scope of the enabling power and serve its purposes. A condition unrelated to public safety exceeds that power, even though the official has a broad discretion. The holder's acceptance cannot validate an unauthorized condition.

Question 35Public Administration and Administrative Law

Which of the following best explains why the doctrine of ultra vires is central to judicial review of administrative action?

  1. It confines review to ensuring that public bodies act within the powers conferred by law Correct answer.
  2. It allows courts to substitute their own view of the merits for the administrator's
  3. It requires courts to defer to any decision made in good faith
  4. It prevents courts from reviewing decisions affecting fundamental rights

Explanation

Ultra vires is the foundation of review: a body has only the powers the law gives it, and courts intervene when it exceeds or abuses them. Review is therefore about legality and process, not about the court's preference on the merits. Good faith does not insulate a decision from review.

Question 36Public Administration and Administrative Law

A statutory tribunal awards compensation and states no reasons, although the statute is silent on reasons. An affected party challenges the award. The strongest argument for requiring reasons is that:

  1. Reasons transfer decision-making power to the reviewing court
  2. Reasons guarantee that the decision is correct
  3. Reasons enable the affected party to understand the decision and to assess whether to seek review Correct answer.
  4. Reasons are always required by statute in compensation matters

Explanation

Even where no express duty exists, fairness may require reasons so that a party can understand an adverse decision and decide whether to challenge it. Reasons also discipline the decision-maker by exposing the reasoning. They do not guarantee correctness or shift power to the court.

Question 37Public Administration and Administrative Law

A licensing board includes a member whose business competes directly with the applicant. The member participates in the decision to refuse the licence. The decision is most likely to be set aside because of:

  1. Lack of proportionality
  2. Error of fact
  3. Actual or apparent bias Correct answer.
  4. Failure to consult

Explanation

Decision-makers must be, and appear to be, impartial. A member with a direct competitive interest in the outcome creates at least an appearance of bias, which taints the decision. Proportionality, consultation, and factual error are different grounds not raised by these facts.

Question 38Public Administration and Administrative Law

An agency delegates its statutory decision-making function to a subordinate officer without any authority in the statute to do so. The subordinate's decision is challenged. Which analysis is most accurate?

  1. The decision is valid because the agency remains politically accountable for it
  2. The decision is unlawful because a statutory power must be exercised by the body on whom it is conferred Correct answer.
  3. The decision is unlawful only if the subordinate lacked relevant expertise
  4. The decision is valid if the subordinate acted in good faith

Explanation

Where a statute confers a power on a particular body, that body must generally exercise it; unauthorized sub-delegation is ultra vires. Accountability and good faith do not supply the missing authority. Expertise is irrelevant to whether the power was lawfully exercised by the right actor.

Question 39Public Administration and Administrative Law

A minister is empowered to make regulations 'for the efficient management of the service'. The minister uses the power to impose a new tax on service users. The regulation is:

  1. Invalid, because taxation requires clear statutory authority that the power does not provide Correct answer.
  2. Valid, provided the minister consults service users first
  3. Valid, because efficient management may require additional revenue
  4. Invalid, only because the rate of tax is excessive

Explanation

Subordinate legislation must stay within the purposes and limits of the enabling power. The power to manage the service efficiently does not authorize the imposition of a tax, which requires express legal authority. Consultation or the level of the charge cannot supply that authority.

Question 40Public Administration and Administrative Law

A statute allows a regulator to impose 'such penalties as it considers appropriate' for breaches. The regulator imposes the maximum penalty on a small firm for a trivial first breach, without regard to mitigating factors. The decision is most vulnerable as:

  1. A breach of the rule against sub-delegation
  2. A disproportionate exercise of discretion Correct answer.
  3. An error of law
  4. A failure to give reasons

Explanation

Where a discretion to penalize exists, the penalty must be proportionate to the breach and the circumstances of the offender. Ignoring mitigation and imposing the maximum for a trivial first breach indicates a sanction out of proportion to the wrong. The defect lies in the exercise of the discretion, not in the stated grounds.

Question 41Constitutional and General Law

Under the principle of parliamentary sovereignty in the Westminster model, which statement best describes the legal position of an Act of Parliament?

  1. It can be invalidated by a subsequent referendum without legislative repeal.
  2. It cannot be overridden by the courts, which must apply it as enacted. Correct answer.
  3. Courts may strike it down where it conflicts with a constitutional convention.
  4. It may be set aside by the executive where national security is invoked.

Explanation

Parliamentary sovereignty means the legislature is the supreme law-making body; no higher law binds it and courts have no power to invalidate primary legislation. Conventions are political rules that courts recognise but do not enforce as law. Only Parliament itself can repeal or amend its statutes.

Question 42Constitutional and General Law

A written constitution is described as 'rigid'. Which feature most accurately captures that description?

  1. It is contained in a single document rather than in several statutes.
  2. It is entrenched and can be amended only through a special procedure. Correct answer.
  3. It is interpreted by judges rather than by the legislature.
  4. It is drafted in general terms rather than in detailed rules.

Explanation

Rigidity refers to the amendment process: a rigid constitution is entrenched and requires a special, usually more demanding, procedure to change. Whether the constitution is codified in one document is a separate question of form. Judicial interpretation and generality of drafting are not the criteria for rigidity.

Question 43Constitutional and General Law

Which source of constitutional rules is enforced by courts because it derives from judicial decisions rather than from the legislature?

  1. Common law constitutional principles Correct answer.
  2. Royal prerogative exercised by ministers
  3. Standing orders of the legislature
  4. Ministerial codes of conduct

Explanation

Common law constitutional principles are developed and applied by judges in decided cases and are enforceable in litigation. Standing orders govern internal legislative procedure, prerogative powers flow from the executive's historic authority, and ministerial codes are political instruments. Only the common law is judge-made and directly enforceable as such.

Question 44Constitutional and General Law

The doctrine of the separation of powers is best understood as requiring which arrangement?

  1. That the judiciary be elected by the legislature to ensure accountability
  2. That the executive hold a majority in the legislature at all times
  3. That all three functions be exercised by a single sovereign body
  4. That legislative, executive and judicial functions be distributed among distinct institutions Correct answer.

Explanation

The separation of powers allocates law-making, law-executing and law-adjudicating functions to distinct bodies so that power is checked. Complete institutional isolation is not required, and many systems blend personnel while separating functions. Concentrating all functions in one body is the very thing the doctrine opposes.

Question 45Constitutional and General Law

A minister resigns after a departmental failure even though no legal duty was breached. Which constitutional convention is being applied?

  1. Collective cabinet confidentiality
  2. Ministerial responsibility to the legislature Correct answer.
  3. Judicial independence
  4. The rule of law

Explanation

Ministerial responsibility is the convention under which ministers answer to the legislature for the conduct of their departments and may resign when accountability demands it. It operates politically rather than through legal liability. The rule of law concerns legality of action, judicial independence concerns courts, and confidentiality concerns cabinet discussions.

Question 46Constitutional and General Law

Which characteristic is most closely associated with the rule of law as classically formulated?

  1. Government according to law rather than by arbitrary decree Correct answer.
  2. Legislation enacted only with unanimous consent
  3. Discretionary power exercised without published limits
  4. Judicial decisions subject to ministerial approval

Explanation

The rule of law requires that government be conducted according to law, with powers conferred and limited by legal rules rather than exercised arbitrarily. It also implies that laws be published, prospective and applied equally. Unanimous consent, discretionary arbitrariness and political approval of judgments all contradict it.

Question 47Constitutional and General Law

In a unitary state, where does ultimate legal authority rest?

  1. With regional assemblies that may entrench their own powers
  2. With the central government, which may alter local powers Correct answer.
  3. With an independent constitutional court above the legislature
  4. With local councils exercising original sovereignty

Explanation

A unitary constitution concentrates sovereignty in the central institutions, which may create, modify or abolish sub-national powers. Regional bodies exercise delegated authority rather than original sovereignty. A constitutional court above the legislature would indicate a different, entrenched constitutional order.

Question 48Constitutional and General Law

Which statement correctly distinguishes a constitutional convention from a legal rule?

  1. Conventions are political rules enforced through political pressure, whereas legal rules are enforced by courts. Correct answer.
  2. Conventions bind ministers only, whereas legal rules bind private citizens only.
  3. Conventions are enforced by courts through injunctions, whereas legal rules are enforced politically.
  4. Conventions are always written in statutes, whereas legal rules are unwritten.

Explanation

The defining distinction is the mode of enforcement: legal rules are applied and enforced by courts, while conventions operate politically and are enforced by political sanction. Courts may recognise conventions when interpreting law but do not enforce them directly. Conventions are largely unwritten and can affect many actors, not ministers alone.

Question 49Constitutional and General Law

A statute confers a broad discretion on a minister to grant licences. A court reviews the decision and finds it was made for an improper purpose. Which constitutional principle is the court primarily applying?

  1. Collective ministerial responsibility
  2. Parliamentary sovereignty through statutory interpretation
  3. The law of parliamentary privilege
  4. The rule of law through judicial review of legality Correct answer.

Explanation

Judicial review of administrative action enforces the rule of law by ensuring that statutory powers are exercised within their legal limits, including for proper purposes. The court is not challenging Parliament's sovereignty but holding the executive to the terms of the statute. Ministerial responsibility and privilege concern accountability to the legislature and internal proceedings respectively.

Question 50Constitutional and General Law

Which feature best illustrates the operation of checks and balances within a constitutional system?

  1. A requirement that all judges be appointed by the executive
  2. A constitutional ban on judicial review of legislation
  3. A single party controlling both legislature and executive permanently
  4. The legislature's power to reject executive appointments or budgets Correct answer.

Explanation

Checks and balances operate when each branch can constrain the others, such as legislative approval of appointments or budgets. Executive appointment of judges without counterbalance, permanent single-party dominance, or exclusion of judicial review all weaken checks rather than illustrate them.