1.Easy
Individual ministerial responsibility means that a minister:
- AIs personally liable to pay damages for errors made by their civil servants
- BIs accountable to Parliament for their department and personal conduct
- CMust personally approve every decision of their department
- DCan be removed from office by the courts
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
- CAllows the police to detain a suspect without charge for up to a week while a court reviews the evidence against them
- DOrders a public body to perform a statutory duty
3.Easy
Articles 8 to 11 of the ECHR are "qualified" rights. This means that:
- AThey can be restricted only during war or a public emergency threatening the life of the nation, under Article 15
- BInterferences can be justified if lawful, for a legitimate aim and necessary in a democratic society
- CThey can never be restricted in any way
- DThey protect only qualified professionals
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
- BReferred the matter to the European Court of Human Rights
- CDeclared the European Communities Act 1972 invalid
- DDisapplied parts of an Act of Parliament that conflicted with EU law
5.Medium
In Golder v UK, the European Court of Human Rights held that Article 6 includes:
- AA right of access to a court
- BA right to free legal aid in all cases
- CA right to appeal to Strasbourg
- DA right to a jury trial
6.Medium
Proportionality review usually asks whether a measure:
- AWas adopted quickly
- BPursues a legitimate aim, is suitable, necessary and balanced
- CIs the cheapest option available and has been approved by parliament
- DIs popular with voters
7.Hard
A health authority moves a severely disabled woman into a care home after promising it would be her "home for life", then decides to close it. In R v North and East Devon HA, ex p Coughlan:
- AFrustrating her substantive legitimate expectation was an abuse of power
- BThe promise was void because the authority had no statutory power to make it
- COnly a fair consultation was required
- DThe promise could be broken whenever policy changed
8.Hard
Officers enter a writer's house and seize his papers under a warrant issued by a Secretary of State with no legal authority to issue it. In Entick v Carrington, the court held:
- AThe search was unlawful, because state action needs legal authority
- BThe writer could only complain to Parliament
- CThe search was lawful, because state necessity justified seizing the papers
- DThe search was lawful, because the warrant was signed
Answer key
- 1. B · Is accountable to Parliament for their department and personal conduct
- 2. B · Requires a detained person to be brought before a court so that the legality of the detention can be tested
- 3. B · Interferences can be justified if lawful, for a legitimate aim and necessary in a democratic society
- 4. D · Disapplied parts of an Act of Parliament that conflicted with EU law
- 5. A · A right of access to a court
- 6. B · Pursues a legitimate aim, is suitable, necessary and balanced
- 7. A · Frustrating her substantive legitimate expectation was an abuse of power
- 8. A · The search was unlawful, because state action needs legal authority
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