1.Easy
Which right is protected by Article 10 of the European Convention on Human Rights?
- ARight to marry
- BRight to life
- CFreedom of expression
- DProhibition of torture
2.Easy
A writ of habeas corpus:
- ARequires a detained person to be brought before a court so that the legality of the detention can be tested
- BOrders a public body to perform a statutory duty
- CPermits the government to search private homes
- DAllows the police to detain a suspect without charge for up to a week while a court reviews the evidence against them
3.Easy
In a parliamentary system, the government usually depends on:
- AThe support of the head of state only
- BThe approval of the courts
- CA referendum every year
- DThe confidence of parliament
4.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
5.Medium
Under the UK Human Rights Act 1998, if a court cannot read an Act compatibly with Convention rights, it can:
- ARefer the case to the European Court of Human Rights automatically
- BStrike down the Act immediately
- CMake a declaration of incompatibility, leaving the Act in force
- DOrder Parliament to amend the Act within a month
6.Medium
Under British Oxygen v Minister of Technology, a public body that adopts a policy for exercising its discretion must:
- AHave the policy approved by Parliament
- BStill be willing to listen to anyone with something new to say
- CMake no policy at all
- DApply the policy rigidly in every case to ensure consistent treatment
7.Hard
In the Harmonisatiewet judgment (1989), the Dutch Supreme Court held that Article 120 of the Constitution:
- AAllows courts to strike down Acts that breach fundamental principles such as legal certainty
- BPrevents courts from reviewing Acts of Parliament against fundamental principles of law
- CApplies only to delegated legislation
- DWas overridden by the principle of legal certainty
8.Hard
The government tried to stop publication of a former Cabinet minister's diaries. In AG v Jonathan Cape (the Crossman diaries case), the court held that:
- ACabinet discussions could be protected as confidential, but the material was now too old to restrain
- BCourts can never restrain publication of political material
- CMinisters' diaries are always Crown property
- DThe convention of Cabinet secrecy is directly enforceable law, so publication of the diaries had to be restrained
Answer key
- 1. C · Freedom of expression
- 2. A · Requires a detained person to be brought before a court so that the legality of the detention can be tested
- 3. D · The confidence of parliament
- 4. D · Disapplied parts of an Act of Parliament that conflicted with EU law
- 5. C · Make a declaration of incompatibility, leaving the Act in force
- 6. B · Still be willing to listen to anyone with something new to say
- 7. B · Prevents courts from reviewing Acts of Parliament against fundamental principles of law
- 8. A · Cabinet discussions could be protected as confidential, but the material was now too old to restrain
Full step-by-step solutions: practise this topic on examproblems.com.