1.Easy
Members of the Dutch Senate (Eerste Kamer) are mainly elected by:
- AMembers of the House of Representatives
- BMembers of the provincial councils
- CDirect vote of all citizens
- DAppointment by the King
2.Easy
Judicial review allows courts to:
- AAppoint government ministers
- BDecide elections
- CCheck whether public bodies act lawfully
- DRewrite any legislation they consider unwise
3.Easy
Section 3 of the UK Human Rights Act 1998 requires courts to:
- AStrike down any provision of an Act that cannot be read compatibly with Convention rights
- BAsk Parliament to interpret unclear statutes
- CRead and give effect to legislation compatibly with Convention rights, so far as possible
- DFollow every judgment of the Strasbourg court
4.Medium
To bring a claim for judicial review in England and Wales, the claimant must have:
- APermission from the minister
- BSuffered financial loss
- CA contract with the public body
- DA sufficient interest in the matter
5.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:
- ARequired the courts to hear the case again
- BRemoved the right to compensation retrospectively
- CIncreased the compensation payable
- DWas struck down by the courts
6.Medium
Under AG v De Keyser's Royal Hotel, when a statute covers the same ground as a prerogative power:
- AThe prerogative overrides the statute
- BThe prerogative is put in abeyance and the government must act under the statute
- CThe government can choose freely between the two
- DThe government may still choose the prerogative if it offers more flexible powers
7.Hard
In Ireland v UK (1978), the European Court of Human Rights held that the "five techniques" used in interrogating detainees in Northern Ireland were:
- AInhuman and degrading treatment, but not torture
- BLawful because of the emergency
- CTorture under Article 3
- DA breach of Article 5 only
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:
- AThe convention of Cabinet secrecy is directly enforceable law, so publication of the diaries had to be restrained
- BMinisters' diaries are always Crown property
- CCabinet discussions could be protected as confidential, but the material was now too old to restrain
- DCourts can never restrain publication of political material
Answer key
- 1. B · Members of the provincial councils
- 2. C · Check whether public bodies act lawfully
- 3. C · Read and give effect to legislation compatibly with Convention rights, so far as possible
- 4. D · A sufficient interest in the matter
- 5. B · Removed the right to compensation retrospectively
- 6. B · The prerogative is put in abeyance and the government must act under the statute
- 7. A · Inhuman and degrading treatment, but not torture
- 8. C · Cabinet discussions could be protected as confidential, but the material was now too old to restrain
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