1.Easy
Section 3 of the UK Human Rights Act 1998 requires courts to:
- ARead and give effect to legislation compatibly with Convention rights, so far as possible
- BFollow every judgment of the Strasbourg court
- CAsk Parliament to interpret unclear statutes
- DStrike down any provision of an Act that cannot be read compatibly with Convention rights
2.Easy
A writ of habeas corpus:
- AOrders a public body to perform a statutory duty
- BAllows the police to detain a suspect without charge for up to a week while a court reviews the evidence against them
- CRequires a detained person to be brought before a court so that the legality of the detention can be tested
- DPermits the government to search private homes
3.Easy
The United Kingdom's constitution is best described as:
- AFully written in one document
- BCopied from the US constitution
- CSet out entirely in EU treaties
- DLargely uncodified
4.Medium
Under Porter v Magill, the test for apparent bias asks whether:
- AA fair-minded and informed observer would conclude there was a real possibility of bias
- BThe claimant personally and reasonably believed that the decision-maker had been biased against them
- CThe decision-maker was actually biased
- DThe decision-maker had ever met any party
5.Medium
In the Factortame litigation, while the UK was an EU member, the House of Lords:
- AHeld that EU law could never limit Acts of Parliament
- BDeclared the European Communities Act 1972 invalid
- CReferred the matter to the European Court of Human Rights
- DDisapplied parts of an Act of Parliament that conflicted with EU law
6.Medium
In Dudgeon v UK, the European Court of Human Rights held that criminalising consensual homosexual acts between adult men in Northern Ireland:
- AViolated the right to respect for private life under Article 8
- BViolated only the right to marry
- CWas outside the scope of the Convention
- DWas justified under Article 8(2) as necessary to protect public morals
7.Hard
Under Article 15 of the ECHR, a state may derogate from some obligations in time of war or public emergency, but not from:
- AArticle 3 (torture) and Article 4(1) (slavery), among others
- BArticle 11 (assembly)
- CArticle 5 (liberty) and Article 6 (fair trial), among others
- DArticle 8 (private life)
8.Hard
A woman with a terminal illness asks for a guarantee that her husband will not be prosecuted for helping her die. In Pretty v UK, the European Court of Human Rights held that Article 2:
- ADoes not include a right to die
- BRequires an immunity for her husband
- CRequires states to allow assisted suicide
- DWas not engaged by her case at all
Answer key
- 1. A · Read and give effect to legislation compatibly with Convention rights, so far as possible
- 2. C · Requires a detained person to be brought before a court so that the legality of the detention can be tested
- 3. D · Largely uncodified
- 4. A · A fair-minded and informed observer would conclude there was a real possibility of bias
- 5. D · Disapplied parts of an Act of Parliament that conflicted with EU law
- 6. A · Violated the right to respect for private life under Article 8
- 7. A · Article 3 (torture) and Article 4(1) (slavery), among others
- 8. A · Does not include a right to die
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