1.Easy
Judicial independence means that:
- AJudges decide cases free from pressure from government or other parties
- BJudges may set aside any statute they consider unjust or contrary to good policy
- CJudges are elected by the public
- DJudges cannot be bound by statute
2.Easy
Article 5 of the European Convention on Human Rights protects:
- AThe right to marry
- BFreedom of religion
- CThe right to liberty and security
- DThe right to an effective remedy
3.Easy
Which body adopts laws in a parliamentary democracy?
- AThe prime minister alone
- BThe supreme court
- CThe legislature (parliament)
- DThe police
4.Medium
In CCSU v Minister for the Civil Service (the GCHQ case), Lord Diplock classified the grounds of judicial review as:
- AIllegality, irrationality and procedural impropriety
- BLegality, legitimacy and proportionality
- CJurisdiction, motive and fairness
- DFraud, mistake and duress
5.Medium
In the GCHQ case, the House of Lords held that the exercise of prerogative powers:
- AIs always fully reviewable, whatever subject matter it concerns
- BCan be reviewed only if Parliament agrees
- CCan be judicially reviewed, depending on its subject matter
- DCan never be reviewed by the courts
6.Medium
In Marbury v Madison (1803), the US Supreme Court established:
- AThe power of courts to review the constitutionality of legislation
- BThe President's veto power
- CThe right to bear arms
- DThe power of Congress to overrule decisions of the federal judiciary
7.Hard
Under Article 15 of the ECHR, a state may derogate from some obligations in time of war or public emergency, but not from:
- AArticle 5 (liberty) and Article 6 (fair trial), among others
- BArticle 11 (assembly)
- CArticle 8 (private life)
- DArticle 3 (torture) and Article 4(1) (slavery), among others
8.Hard
After 2001, the UK detained foreign terrorism suspects indefinitely without trial. In A v Home Secretary (the Belmarsh case), the House of Lords:
- AOrdered the immediate release of all detainees
- BUpheld the detention as a valid response to an emergency
- CMade a declaration of incompatibility, finding the measure disproportionate and discriminatory
- DHeld that national security questions were for the executive alone and could not be reviewed by courts
Answer key
- 1. A · Judges decide cases free from pressure from government or other parties
- 2. C · The right to liberty and security
- 3. C · The legislature (parliament)
- 4. A · Illegality, irrationality and procedural impropriety
- 5. C · Can be judicially reviewed, depending on its subject matter
- 6. A · The power of courts to review the constitutionality of legislation
- 7. D · Article 3 (torture) and Article 4(1) (slavery), among others
- 8. C · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory
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