1.Easy
A writ of habeas corpus:
- AAllows the police to detain a suspect without charge for up to a week while a court reviews the evidence against them
- BPermits the government to search private homes
- COrders a public body to perform a statutory duty
- DRequires a detained person to be brought before a court so that the legality of the detention can be tested
2.Easy
Judicial independence means that:
- AJudges cannot be bound by statute
- BJudges decide cases free from pressure from government or other parties
- CJudges may set aside any statute they consider unjust or contrary to good policy
- DJudges are elected by the public
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
- BFollow every judgment of the Strasbourg court
- CAsk Parliament to interpret unclear statutes
- DRead and give effect to legislation compatibly with Convention rights, so far as possible
4.Medium
Under British Oxygen v Minister of Technology, a public body that adopts a policy for exercising its discretion must:
- AApply the policy rigidly in every case to ensure consistent treatment
- BStill be willing to listen to anyone with something new to say
- CMake no policy at all
- DHave the policy approved by Parliament
5.Medium
In Pickin v British Railways Board, the House of Lords held that courts:
- ACan strike down a private Act if it is shown that Parliament was misled during its passage
- BMust investigate any allegation of fraud in Parliament
- CWill not examine whether Parliament followed its internal procedures in passing an Act
- DCan review Acts for compliance with private bill rules
6.Medium
Which rights in the ECHR are absolute and allow no derogation even in an emergency?
- ARight to respect for private life (Article 8)
- BFreedom of expression (Article 10)
- CThe prohibition of torture (Article 3)
- DFreedom of assembly (Article 11)
7.Hard
In R (Privacy International) v Investigatory Powers Tribunal (2019), the Supreme Court held that an ouster clause protecting the Tribunal's decisions:
- ADid not exclude judicial review of its errors of law
- BApplied only to decisions on national security
- CExcluded all review of its decisions
- DWas invalid because it was in secondary legislation
8.Hard
A prison policy requires prisoners to be absent while officers search their cells, including their legal correspondence. In R (Daly) v Home Secretary (2001), the House of Lords held:
- AThe policy was lawful, as prisons need security
- BThe blanket policy unlawfully interfered with legal professional privilege
- CThe policy was lawful, as prisoners have no privacy
- DThe policy was unlawful only for unconvicted prisoners held on remand awaiting trial
Answer key
- 1. D · Requires a detained person to be brought before a court so that the legality of the detention can be tested
- 2. B · Judges decide cases free from pressure from government or other parties
- 3. D · Read and give effect to legislation compatibly with Convention rights, so far as possible
- 4. B · Still be willing to listen to anyone with something new to say
- 5. C · Will not examine whether Parliament followed its internal procedures in passing an Act
- 6. C · The prohibition of torture (Article 3)
- 7. A · Did not exclude judicial review of its errors of law
- 8. B · The blanket policy unlawfully interfered with legal professional privilege
Full step-by-step solutions: practise this topic on examproblems.com.