1.Easy
Under section 6 of the UK Human Rights Act 1998, it is unlawful for:
- ACourts to apply Acts of Parliament
- BA private person to breach any Convention right
- CParliament to pass any Act limiting rights
- DA public authority to act incompatibly with Convention rights
2.Easy
Article 5 of the European Convention on Human Rights protects:
- AThe right to liberty and security
- BFreedom of religion
- CThe right to marry
- DThe right to an effective remedy
3.Easy
The principle of legality in public law means that a public authority:
- AMust always be elected
- BCan act freely unless a statute expressly prohibits the particular action taken
- CCan ignore laws during weekends
- DNeeds a legal basis for its actions, especially when interfering with rights
4.Medium
Under Porter v Magill, the test for apparent bias asks whether:
- AThe decision-maker had ever met any party
- BThe claimant personally and reasonably believed that the decision-maker had been biased against them
- CA fair-minded and informed observer would conclude there was a real possibility of bias
- DThe decision-maker was actually biased
5.Medium
Under the UK Human Rights Act 1998, if a court cannot read an Act compatibly with Convention rights, it can:
- AMake a declaration of incompatibility, leaving the Act in force
- BRefer the case to the European Court of Human Rights automatically
- COrder Parliament to amend the Act within a month
- DStrike down the Act immediately
6.Medium
In Golder v UK, the European Court of Human Rights held that Article 6 includes:
- AA right to appeal to Strasbourg
- BA right to a jury trial
- CA right of access to a court
- DA right to free legal aid in all cases
7.Hard
In Ireland v UK (1978), the European Court of Human Rights held that the "five techniques" used in interrogating detainees in Northern Ireland were:
- AA breach of Article 5 only
- BTorture under Article 3
- CLawful because of the emergency
- DInhuman and degrading treatment, but not torture
8.Hard
A health authority moves a severely disabled woman into a care home after promising it would be her "home for life", then decides to close it. In R v North and East Devon HA, ex p Coughlan:
- AThe promise could be broken whenever policy changed
- BOnly a fair consultation was required
- CFrustrating her substantive legitimate expectation was an abuse of power
- DThe promise was void because the authority had no statutory power to make it
Answer key
- 1. D · A public authority to act incompatibly with Convention rights
- 2. A · The right to liberty and security
- 3. D · Needs a legal basis for its actions, especially when interfering with rights
- 4. C · A fair-minded and informed observer would conclude there was a real possibility of bias
- 5. A · Make a declaration of incompatibility, leaving the Act in force
- 6. C · A right of access to a court
- 7. D · Inhuman and degrading treatment, but not torture
- 8. C · Frustrating her substantive legitimate expectation was an abuse of power
Full step-by-step solutions: practise this topic on examproblems.com.