1.Easy
A codified constitution is one whose main rules are:
- AFound only in judicial decisions
- BAgreed afresh after every election
- CBased entirely on unwritten customs
- DCollected in a single written document
2.Easy
A referendum is:
- AAn election of members of parliament
- BA vote of no confidence in the government by members of parliament
- CA decision of the constitutional court
- DA direct vote by the electorate on a particular question
3.Easy
The UK convention of collective ministerial responsibility means that:
- AEach minister can veto Cabinet decisions
- BAll ministers are jointly liable in court for government decisions
- CMinisters must publicly support government decisions or resign
- DMinisters are elected together as a group
4.Medium
Which rights in the ECHR are absolute and allow no derogation even in an emergency?
- AFreedom of assembly (Article 11)
- BRight to respect for private life (Article 8)
- CThe prohibition of torture (Article 3)
- DFreedom of expression (Article 10)
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:
- AOf the extreme conditions and long wait on death row
- BThe US is not a party to the Convention
- CThe death penalty itself always amounts to torture under Article 3
- DHe would not receive a fair trial
6.Medium
Under the UK Human Rights Act 1998, if a court cannot read an Act compatibly with Convention rights, it can:
- AOrder Parliament to amend the Act within a month
- BRefer the case to the European Court of Human Rights automatically
- CMake a declaration of incompatibility, leaving the Act in force
- DStrike down the Act immediately
7.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 UK had not ratified the Convention for Gibraltar
- BAny killing by state agents breaches Article 2
- CThe soldiers acted out of personal hatred
- DThe operation was not planned and controlled to minimise the use of lethal force
8.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:
- AThe promise was void because the authority had no statutory power to make it
- BOnly a fair consultation was required
- CThe promise could be broken whenever policy changed
- DFrustrating her substantive legitimate expectation was an abuse of power
Answer key
- 1. D · Collected in a single written document
- 2. D · A direct vote by the electorate on a particular question
- 3. C · Ministers must publicly support government decisions or resign
- 4. C · The prohibition of torture (Article 3)
- 5. A · Of the extreme conditions and long wait on death row
- 6. C · Make a declaration of incompatibility, leaving the Act in force
- 7. D · The operation was not planned and controlled to minimise the use of lethal force
- 8. D · Frustrating her substantive legitimate expectation was an abuse of power
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