1.Easy
Article 14 of the European Convention on Human Rights prohibits discrimination:
- AIn the enjoyment of the other Convention rights
- BOnly on grounds of nationality
- CIn every area of life, as a free-standing right
- DOnly by private employers
2.Easy
A codified constitution is one whose main rules are:
- AFound only in judicial decisions
- BCollected in a single written document
- CAgreed afresh after every election
- DBased entirely on unwritten customs
3.Easy
The UK convention of collective ministerial responsibility means that:
- AEach minister can veto Cabinet decisions
- BMinisters are elected together as a group
- CMinisters must publicly support government decisions or resign
- DAll ministers are jointly liable in court for government decisions
4.Medium
Under Article 94 of the Dutch Constitution, Dutch courts:
- AApply statutes even if they conflict with treaties
- BCan strike down statutes that conflict with the Constitution or with general principles
- CDo not apply statutes that conflict with treaty provisions binding on everyone
- DMust refer all treaty questions to the Council of State
5.Medium
Ellen Street Estates v Minister of Health is cited for the principle that:
- AParliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- BEarlier Acts always prevail over later Acts
- CParliament can entrench an Act against later repeal by stating expressly that it may not be amended in future
- DCourts may refuse to apply a later Act
6.Medium
In R (Jackson) v Attorney General, the House of Lords held that:
- AThe House of Lords could veto any bill permanently
- BThe Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
- CThe Hunting Act was incompatible with Convention rights
- DActs passed under the Parliament Acts were merely invalid delegated legislation
7.Hard
The "margin of appreciation" doctrine of the European Court of Human Rights means that:
- AStates have some discretion in how they protect rights, especially on sensitive moral issues
- BThe Court never reviews national decisions
- CStates may disregard Strasbourg judgments whenever their own parliament disagrees with the outcome
- DEvery state must apply identical rules
8.Hard
In R (Privacy International) v Investigatory Powers Tribunal (2019), the Supreme Court held that an ouster clause protecting the Tribunal's decisions:
- AWas invalid because it was in secondary legislation
- BDid not exclude judicial review of its errors of law
- CExcluded all review of its decisions
- DApplied only to decisions on national security
Answer key
- 1. A · In the enjoyment of the other Convention rights
- 2. B · Collected in a single written document
- 3. C · Ministers must publicly support government decisions or resign
- 4. C · Do not apply statutes that conflict with treaty provisions binding on everyone
- 5. A · Parliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- 6. B · The Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
- 7. A · States have some discretion in how they protect rights, especially on sensitive moral issues
- 8. B · Did not exclude judicial review of its errors of law
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