1.Easy
Section 3 of the UK Human Rights Act 1998 requires courts to:
- AStrike down any provision of an Act that cannot be read compatibly with Convention rights
- BRead and give effect to legislation compatibly with Convention rights, so far as possible
- CFollow every judgment of the Strasbourg court
- DAsk Parliament to interpret unclear statutes
2.Easy
A codified constitution is one whose main rules are:
- AAgreed afresh after every election
- BCollected in a single written document
- CBased entirely on unwritten customs
- DFound only in judicial decisions
3.Easy
A unitary state is one in which:
- AThere is only one political party
- BThe head of state is also head of government
- CSovereign power is held at the centre, which may delegate powers to other levels
- DRegions have powers guaranteed by the constitution, which the centre cannot alter alone
4.Medium
Under the Human Rights Act 1998, a private body with some "functions of a public nature" is:
- ABound by the Act for its public functions, but not for private acts
- BBound by the Act in everything it does
- CNever bound by the Act
- DBound by the Act only if it receives most of its funding from the state
5.Medium
Parliamentary sovereignty (as described by Dicey) means that:
- ACourts can strike down any Act of Parliament that conflicts with common law rights
- BThe executive can override Parliament
- CParliament must obey previous Parliaments
- DParliament can make or unmake any law, and no body can override its Acts
6.Medium
In the Factortame litigation, while the UK was an EU member, the House of Lords:
- ADisapplied parts of an Act of Parliament that conflicted with EU law
- BReferred the matter to the European Court of Human Rights
- CHeld that EU law could never limit Acts of Parliament
- DDeclared the European Communities Act 1972 invalid
7.Hard
After a court makes a declaration of incompatibility, section 10 of the UK Human Rights Act 1998 allows a minister to:
- ASuspend the Convention right in question
- BRefer the case directly to Strasbourg
- CAmend the incompatible legislation by a remedial order
- DOverrule the court's declaration
8.Hard
A statute says a commission's "determination ... shall not be called in question in any court of law". In Anisminic v Foreign Compensation Commission, the House of Lords held:
- AThe decision was immune from review because the ouster clause applied to all its determinations
- BThe clause excluded all judicial review
- CThe clause did not protect a decision based on an error of law, because that was a nullity
- DThe clause was invalid as unconstitutional
Answer key
- 1. B · Read and give effect to legislation compatibly with Convention rights, so far as possible
- 2. B · Collected in a single written document
- 3. C · Sovereign power is held at the centre, which may delegate powers to other levels
- 4. A · Bound by the Act for its public functions, but not for private acts
- 5. D · Parliament can make or unmake any law, and no body can override its Acts
- 6. A · Disapplied parts of an Act of Parliament that conflicted with EU law
- 7. C · Amend the incompatible legislation by a remedial order
- 8. C · The clause did not protect a decision based on an error of law, because that was a nullity
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