1.Easy
Articles 8 to 11 of the ECHR are "qualified" rights. This means that:
- AThey can never be restricted in any way
- BThey can be restricted only during war or a public emergency threatening the life of the nation, under Article 15
- CInterferences can be justified if lawful, for a legitimate aim and necessary in a democratic society
- DThey protect only qualified professionals
2.Easy
Under the Parliament Acts 1911 and 1949, the House of Lords can generally delay most public bills passed by the Commons for about:
- AAs long as it wishes
- BOne week
- COne year
- DFive years
3.Easy
In a parliamentary system, the government usually depends on:
- AA referendum every year
- BThe confidence of parliament
- CThe approval of the courts
- DThe support of the head of state only
4.Medium
In England and Wales, a claim for judicial review must generally be filed:
- AWithin one year
- BPromptly, and in any event within three months
- CAt any time
- DWithin six years
5.Medium
In R v Home Secretary, ex p Fire Brigades Union, the House of Lords held the minister acted unlawfully by:
- ARefusing to consult the fire brigades
- BUsing the prerogative to set up a scheme inconsistent with a statutory scheme not yet in force
- CBringing a statute into force too quickly
- DBringing the statutory scheme into force without first consulting the bodies that would be affected by it
6.Medium
After Burmah Oil v Lord Advocate held that compensation was due for property destroyed during the war, Parliament passed the War Damage Act 1965, which:
- AIncreased the compensation payable
- BWas struck down by the courts
- CRequired the courts to hear the case again
- DRemoved the right to compensation retrospectively
7.Hard
A tribunal orders publication of Prince Charles's letters to ministers. The Attorney General issues a certificate under the Freedom of Information Act overriding it. In R (Evans) v Attorney General (2015), the Supreme Court held:
- AThe certificate was invalid, as he had merely disagreed with the tribunal's view of the same facts
- BThe Act was incompatible with Article 10 ECHR
- CThe certificate was valid, as the Act gave him an unqualified veto over any tribunal decision on disclosure
- DThe letters could never be published
8.Hard
In R (Miller) v Secretary of State for Exiting the EU (2017), the Supreme Court said about the Sewel convention that:
- AIt requires Scottish consent to the UK's withdrawal from the EU
- BIt applies only to Northern Ireland
- CIt is a political convention that courts cannot enforce
- DIt became legally binding when written into statute
Answer key
- 1. C · Interferences can be justified if lawful, for a legitimate aim and necessary in a democratic society
- 2. C · One year
- 3. B · The confidence of parliament
- 4. B · Promptly, and in any event within three months
- 5. B · Using the prerogative to set up a scheme inconsistent with a statutory scheme not yet in force
- 6. D · Removed the right to compensation retrospectively
- 7. A · The certificate was invalid, as he had merely disagreed with the tribunal's view of the same facts
- 8. C · It is a political convention that courts cannot enforce
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