1.Easy
The United Kingdom's constitution is best described as:
- AFully written in one document
- BCopied from the US constitution
- CLargely uncodified
- DSet out entirely in EU treaties
2.Easy
Article 6 of the European Convention on Human Rights protects:
- AThe right to a fair trial
- BFreedom of assembly
- CThe right to life
- DThe right to free elections
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 R v Home Secretary, ex p Fire Brigades Union, the House of Lords held the minister acted unlawfully by:
- AUsing the prerogative to set up a scheme inconsistent with a statutory scheme not yet in force
- BRefusing to consult the fire brigades
- CBringing the statutory scheme into force without first consulting the bodies that would be affected by it
- DBringing a statute into force too quickly
5.Medium
Parliamentary sovereignty (as described by Dicey) means that:
- AThe executive can override Parliament
- BParliament can make or unmake any law, and no body can override its Acts
- CParliament must obey previous Parliaments
- DCourts can strike down any Act of Parliament that conflicts with common law rights
6.Medium
To bring a claim for judicial review in England and Wales, the claimant must have:
- ASuffered financial loss
- BPermission from the minister
- CA sufficient interest in the matter
- DA contract with the public body
7.Hard
In YL v Birmingham City Council (2007), the House of Lords held that a private care home housing residents funded by a council:
- AWas not exercising a function of a public nature under the Human Rights Act
- BWas a core public authority
- CCould not house publicly funded residents
- DWas a hybrid public authority bound by the Act for all the care it provided
8.Hard
After a court makes a declaration of incompatibility, section 10 of the UK Human Rights Act 1998 allows a minister to:
- ASuspend the Convention right in question
- BAmend the incompatible legislation by a remedial order
- CRefer the case directly to Strasbourg
- DOverrule the court's declaration
Answer key
- 1. C · Largely uncodified
- 2. A · The right to a fair trial
- 3. B · Interferences can be justified if lawful, for a legitimate aim and necessary in a democratic society
- 4. A · Using the prerogative to set up a scheme inconsistent with a statutory scheme not yet in force
- 5. B · Parliament can make or unmake any law, and no body can override its Acts
- 6. C · A sufficient interest in the matter
- 7. A · Was not exercising a function of a public nature under the Human Rights Act
- 8. B · Amend the incompatible legislation by a remedial order
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