Solicitors Qualifying ExaminationSQE Questions and Answers

Prerogative and terrorism | SQE1 – SQE2 Questions and Answers Examples

Prerogative and terrorism

Following a series of terrorist explosions in central London, the government invoked emergency prerogative powers. These powers enabled the government to take control over commercial buildings damaged in the explosions. The powers also enabled the government to deny the occupiers access to those buildings while forensic teams undertook the lengthy process of gathering evidence. Recognising the impact on the occupiers of such buildings, Parliament passed legislation creating a compensation scheme allowing those affected to claim for any costs and losses incurred while those buildings are under the government’s control. Notwithstanding this new legislation, the government is continuing to use the prerogative powers in order to avoid paying any such compensation under the statutory scheme.

Which of the following statements best summarises the legal position?

Answers:

A. Where there is overlap between a prerogative power and a statute, neither prevails; the courts look to the common law for guidance.

B. Where there is overlap between a prerogative power and a statute, the statute prevails.

C. Where there is overlap between a prerogative power and a statute, the prerogative power prevails.

D. Where there is overlap between a prerogative power and a statute, the judge hearing the matter may refer to proceedings in Parliament for guidance.

E. Where there is overlap between a prerogative power and a statute, the judge hearing the matter may refer to a higher court for guidance.

Correct answer:

B. Where there is overlap between a prerogative power and a statute, the statute prevails.

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