1.Easy
Devolution in the UK means that:
- AThe monarch shares power with regional parliaments
- BThe UK has become a federal state in which the regional powers are entrenched and cannot be removed by Westminster
- CLocal councils can override Acts of Parliament
- DParliament transfers some powers to bodies in Scotland, Wales and Northern Ireland while remaining sovereign
2.Easy
A writ of habeas corpus:
- APermits the government to search private homes
- BRequires a detained person to be brought before a court so that the legality of the detention can be tested
- COrders a public body to perform a statutory duty
- DAllows the police to detain a suspect without charge for up to a week while a court reviews the evidence against them
3.Easy
The European Convention on Human Rights was drawn up within:
- AThe United Nations
- BNATO
- CThe European Union
- DThe Council of Europe
4.Medium
In R v Bow Street Magistrate, ex p Pinochet (No 2), the House of Lords set aside its own earlier decision because:
- APinochet had not been given a lawyer of his own choice at the hearing
- BThe judges had made a legal mistake
- COne judge had links to a charity that was a party to the case
- DThe case had been heard in private
5.Medium
In Marbury v Madison (1803), the US Supreme Court established:
- AThe right to bear arms
- BThe power of Congress to overrule decisions of the federal judiciary
- CThe power of courts to review the constitutionality of legislation
- DThe President's veto power
6.Medium
Proportionality review usually asks whether a measure:
- AIs the cheapest option available and has been approved by parliament
- BPursues a legitimate aim, is suitable, necessary and balanced
- CIs popular with voters
- DWas adopted quickly
7.Hard
In R v Home Secretary, ex p Simms, Lord Hoffmann explained the "principle of legality" as meaning that:
- ACourts may strike down Acts that breach fundamental rights
- BParliament cannot legislate against fundamental rights
- CMinisters may limit fundamental rights whenever it is in the public interest
- DGeneral words in a statute are presumed not to override fundamental rights
8.Hard
People buy TV licences early to avoid a fee increase, and the Home Office threatens to revoke them unless they pay the extra. In Congreve v Home Office, the court held:
- AThe revocation was lawful under the statute
- BThe minister could act for any purpose
- CLicence holders had no legal rights
- DUsing the revocation power this way was unlawful
Answer key
- 1. D · Parliament transfers some powers to bodies in Scotland, Wales and Northern Ireland while remaining sovereign
- 2. B · Requires a detained person to be brought before a court so that the legality of the detention can be tested
- 3. D · The Council of Europe
- 4. C · One judge had links to a charity that was a party to the case
- 5. C · The power of courts to review the constitutionality of legislation
- 6. B · Pursues a legitimate aim, is suitable, necessary and balanced
- 7. D · General words in a statute are presumed not to override fundamental rights
- 8. D · Using the revocation power this way was unlawful
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