Time to move to the second part of the Day One Outcome for the MCT parto of the QLTS, A2 Knowledge of applicable constitutional law and judicial review processes.
The main content, and therefore the most important areas to cover are the following.
- Constitution and constitutional principles: nature of the constitution; Parliamentary sovereignty; the application of separation of powers (including checks and balances); the rule of law (definition, key concepts and legal status).
- How the core institutions of state function and interrelate constitutionally:
Parliament; cabinet and central government; the monarch; ‘the Crown’; the Judiciary (including the nature and powers of the Supreme Court); government accountability through Parliament and via the conventions on collective and individual ministerial responsibility; the nature of legislation and requirements for enactment and repeal; the nature and status of the devolution legislation.
- The Prerogative: (its nature, extent and legal status; its relationship with legislation) and constitutional conventions (definition, nature and legal status) and how the prerogative and constitutional conventions interrelate.
- Public order law: breach of the peace and the Public Order Act 1986; Public Order Act offences; the law on public processions and assemblies including the impact of the Human Rights Act 1998.
- Judicial review: nature and limits of judicial review; preliminary hurdles/requirements for obtaining permission to proceed to a substantive hearing; standing to bring a claim; grounds and remedies; judicial review and accountability of government and public bodies for ultra vires actions and decisions; the impact of human rights law on judicial review including the concept of proportionality.
If you are not enrolled in one of the QLTS preparation courses and you don’t know where to find the best preparation material for each of the outcomes of the MCT part of the QLTS exam, have a look here.
For the Day One Outcome A2, I suggest the following: