1.Easy
In a presidential system, such as that of the United States:
- AThe president is chosen by and from the legislature and must resign if it withdraws its confidence in the government
- BThe president is a ceremonial figure with no powers
- CThe president can dissolve the legislature at will
- DThe head of the executive is elected separately and does not depend on the legislature's confidence
2.Easy
Members of the Dutch Senate (Eerste Kamer) are mainly elected by:
- AAppointment by the King
- BMembers of the House of Representatives
- CDirect vote of all citizens
- DMembers of the provincial councils
3.Easy
Article 14 of the European Convention on Human Rights prohibits discrimination:
- AIn every area of life, as a free-standing right
- BOnly by private employers
- COnly on grounds of nationality
- DIn the enjoyment of the other Convention rights
4.Medium
The Dutch Constitution (Article 120) forbids courts from:
- AHearing criminal cases
- BApplying international treaties
- CReviewing decisions of municipalities and provinces against national statutes
- DReviewing Acts of Parliament for compatibility with the Constitution
5.Medium
In Pickin v British Railways Board, the House of Lords held that courts:
- AMust investigate any allegation of fraud in Parliament
- BWill not examine whether Parliament followed its internal procedures in passing an Act
- CCan strike down a private Act if it is shown that Parliament was misled during its passage
- DCan review Acts for compliance with private bill rules
6.Medium
In Bellinger v Bellinger, the House of Lords could not read the marriage law to recognise a trans woman's marriage to a man, so it:
- ARead the statute compatibly under section 3
- BMade a declaration of incompatibility
- CStruck down the relevant provision
- DReferred the case to Strasbourg
7.Hard
A prison policy requires prisoners to be absent while officers search their cells, including their legal correspondence. In R (Daly) v Home Secretary (2001), the House of Lords held:
- AThe blanket policy unlawfully interfered with legal professional privilege
- BThe policy was lawful, as prisoners have no privacy
- CThe policy was unlawful only for unconvicted prisoners held on remand awaiting trial
- DThe policy was lawful, as prisons need security
8.Hard
In R (Nicklinson) v Ministry of Justice (2014), concerning the ban on assisted suicide, the majority of the UK Supreme Court:
- AHeld that Article 8 was not engaged at all
- BDeclined to make a declaration of incompatibility at that time, leaving it to Parliament
- CRead the ban down under section 3 to allow assisted dying
- DMade a declaration of incompatibility with Article 8, while leaving the ban itself in force for now
Answer key
- 1. D · The head of the executive is elected separately and does not depend on the legislature's confidence
- 2. D · Members of the provincial councils
- 3. D · In the enjoyment of the other Convention rights
- 4. D · Reviewing Acts of Parliament for compatibility with the Constitution
- 5. B · Will not examine whether Parliament followed its internal procedures in passing an Act
- 6. B · Made a declaration of incompatibility
- 7. A · The blanket policy unlawfully interfered with legal professional privilege
- 8. B · Declined to make a declaration of incompatibility at that time, leaving it to Parliament
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