1.Easy
Under section 19 of the UK Human Rights Act 1998, the minister in charge of a bill must:
- ASend it to the European Court of Human Rights
- BObtain the Supreme Court's approval of its compatibility before second reading
- CMake a statement about whether it is compatible with Convention rights
- DHold a public consultation on it
2.Easy
A federal state is one in which:
- AThere is no central government
- BPower is constitutionally divided between a central government and regions
- CAll power is held by the capital city
- DRegions may secede unilaterally whenever a majority of their voters wishes
3.Easy
The Sewel convention says that the UK Parliament will not normally:
- ALegislate on Scottish matters without first holding a referendum in Scotland
- BLegislate on devolved matters without the devolved legislature's consent
- CDebate matters concerning Scotland
- DChange taxes without a referendum
4.Medium
Parliamentary sovereignty (as described by Dicey) means that:
- AThe executive can override Parliament
- BCourts can strike down any Act of Parliament that conflicts with common law rights
- CParliament can make or unmake any law, and no body can override its Acts
- DParliament must obey previous Parliaments
5.Medium
A minister refuses to refer a complaint to a committee because the result might embarrass the government. In Padfield v Minister of Agriculture, the House of Lords held:
- AThe minister had unlimited discretion
- BThe refusal was unlawful, as it frustrated the purpose of the Act
- CThe refusal was lawful, since the Act imposed no duty to give reasons
- DOnly Parliament could question the minister
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:
- ARemoved the right to compensation retrospectively
- BRequired the courts to hear the case again
- CIncreased the compensation payable
- DWas struck down by the courts
7.Hard
A woman with a terminal illness asks for a guarantee that her husband will not be prosecuted for helping her die. In Pretty v UK, the European Court of Human Rights held that Article 2:
- ARequires an immunity for her husband
- BDoes not include a right to die
- CRequires states to allow assisted suicide
- DWas not engaged by her case at all
8.Hard
Which statement about "horizontal effect" of human rights is correct?
- AHorizontal effect means rights apply only to horizontal property boundaries
- BRights can influence legal relations between private parties, often indirectly through courts
- CPrivate parties can be brought directly before the Strasbourg court by individuals whose rights they breach
- DRights apply only between states
Answer key
- 1. C · Make a statement about whether it is compatible with Convention rights
- 2. B · Power is constitutionally divided between a central government and regions
- 3. B · Legislate on devolved matters without the devolved legislature's consent
- 4. C · Parliament can make or unmake any law, and no body can override its Acts
- 5. B · The refusal was unlawful, as it frustrated the purpose of the Act
- 6. A · Removed the right to compensation retrospectively
- 7. B · Does not include a right to die
- 8. B · Rights can influence legal relations between private parties, often indirectly through courts
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