1.Easy
Article 14 of the European Convention on Human Rights prohibits discrimination:
- AOnly by private employers
- BIn the enjoyment of the other Convention rights
- CIn every area of life, as a free-standing right
- DOnly on grounds of nationality
2.Easy
In a parliamentary system, the government usually depends on:
- AThe approval of the courts
- BThe support of the head of state only
- CThe confidence of parliament
- DA referendum every year
3.Easy
Judicial review allows courts to:
- ACheck whether public bodies act lawfully
- BRewrite any legislation they consider unwise
- CDecide elections
- DAppoint government ministers
4.Medium
Under Porter v Magill, the test for apparent bias asks whether:
- AThe decision-maker was actually biased
- BThe decision-maker had ever met any party
- CA fair-minded and informed observer would conclude there was a real possibility of bias
- DThe claimant personally and reasonably believed that the decision-maker had been biased against them
5.Medium
In Soering v UK, the European Court of Human Rights held that extraditing a man to the US to face a possible death sentence would breach Article 3 because:
- AThe death penalty itself always amounts to torture under Article 3
- BOf the extreme conditions and long wait on death row
- CThe US is not a party to the Convention
- DHe would not receive a fair trial
6.Medium
To bring a claim for judicial review in England and Wales, the claimant must have:
- ASuffered financial loss
- BA sufficient interest in the matter
- CPermission from the minister
- DA contract with the public body
7.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 clause excluded all judicial review
- BThe clause was invalid as unconstitutional
- CThe decision was immune from review because the ouster clause applied to all its determinations
- DThe clause did not protect a decision based on an error of law, because that was a nullity
8.Hard
Soldiers shoot dead three suspected terrorists in Gibraltar. In McCann v UK, the European Court of Human Rights found a breach of Article 2 because:
- AThe operation was not planned and controlled to minimise the use of lethal force
- BThe UK had not ratified the Convention for Gibraltar
- CAny killing by state agents breaches Article 2
- DThe soldiers acted out of personal hatred
Answer key
- 1. B · In the enjoyment of the other Convention rights
- 2. C · The confidence of parliament
- 3. A · Check whether public bodies act lawfully
- 4. C · A fair-minded and informed observer would conclude there was a real possibility of bias
- 5. B · Of the extreme conditions and long wait on death row
- 6. B · A sufficient interest in the matter
- 7. D · The clause did not protect a decision based on an error of law, because that was a nullity
- 8. A · The operation was not planned and controlled to minimise the use of lethal force
Full step-by-step solutions: practise this topic on examproblems.com.