1.Easy
Section 3 of the UK Human Rights Act 1998 requires courts to:
- AFollow every judgment of the Strasbourg court
- BAsk Parliament to interpret unclear statutes
- CRead and give effect to legislation compatibly with Convention rights, so far as possible
- DStrike down any provision of an Act that cannot be read compatibly with Convention rights
2.Easy
In a presidential system, such as that of the United States:
- AThe head of the executive is elected separately and does not depend on the legislature's confidence
- BThe president is a ceremonial figure with no powers
- CThe president is chosen by and from the legislature and must resign if it withdraws its confidence in the government
- DThe president can dissolve the legislature at will
3.Easy
The European Convention on Human Rights was drawn up within:
- AThe Council of Europe
- BNATO
- CThe European Union
- DThe United Nations
4.Medium
Which rights in the ECHR are absolute and allow no derogation even in an emergency?
- AFreedom of assembly (Article 11)
- BThe prohibition of torture (Article 3)
- CFreedom of expression (Article 10)
- DRight to respect for private life (Article 8)
5.Medium
In Marbury v Madison (1803), the US Supreme Court established:
- AThe power of courts to review the constitutionality of legislation
- BThe President's veto power
- CThe power of Congress to overrule decisions of the federal judiciary
- DThe right to bear arms
6.Medium
To bring a claim for judicial review in England and Wales, the claimant must have:
- AA contract with the public body
- BPermission from the minister
- CSuffered financial loss
- DA sufficient interest in the matter
7.Hard
A statute says a commission's "determination ... shall not be called in question in any court of law". In Anisminic v Foreign Compensation Commission, the House of Lords held:
- AThe decision was immune from review because the ouster clause applied to all its determinations
- BThe clause did not protect a decision based on an error of law, because that was a nullity
- CThe clause was invalid as unconstitutional
- DThe clause excluded all judicial review
8.Hard
In R (Privacy International) v Investigatory Powers Tribunal (2019), the Supreme Court held that an ouster clause protecting the Tribunal's decisions:
- ADid not exclude judicial review of its errors of law
- BExcluded all review of its decisions
- CWas invalid because it was in secondary legislation
- DApplied only to decisions on national security
Answer key
- 1. C · Read and give effect to legislation compatibly with Convention rights, so far as possible
- 2. A · The head of the executive is elected separately and does not depend on the legislature's confidence
- 3. A · The Council of Europe
- 4. B · The prohibition of torture (Article 3)
- 5. A · The power of courts to review the constitutionality of legislation
- 6. D · A sufficient interest in the matter
- 7. B · The clause did not protect a decision based on an error of law, because that was a nullity
- 8. A · Did not exclude judicial review of its errors of law
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