1.Easy
The European Convention on Human Rights was drawn up within:
- AThe European Union
- BThe Council of Europe
- CNATO
- DThe United Nations
2.Easy
An ombudsman typically:
- AProsecutes criminal offences committed by ministers and civil servants
- BHears appeals from the highest court
- CDrafts legislation for parliament
- DInvestigates complaints of maladministration by public bodies
3.Easy
The principle of legality in public law means that a public authority:
- AMust always be elected
- BCan act freely unless a statute expressly prohibits the particular action taken
- CNeeds a legal basis for its actions, especially when interfering with rights
- DCan ignore laws during weekends
4.Medium
Under Porter v Magill, the test for apparent bias asks whether:
- AThe decision-maker was actually biased
- BThe claimant personally and reasonably believed that the decision-maker had been biased against them
- CThe decision-maker had ever met any party
- DA fair-minded and informed observer would conclude there was a real possibility of bias
5.Medium
To amend the Dutch Constitution under Article 137:
- AThe King and the Council of State decide it
- BA national referendum must approve it
- CA simple majority in both chambers is enough, after which the King must sign the amendment into law
- DA proposal is passed, elections follow, and then both chambers must approve it by two-thirds
6.Medium
Under the UK Human Rights Act 1998, if a court cannot read an Act compatibly with Convention rights, it can:
- ARefer the case to the European Court of Human Rights automatically
- BStrike down the Act immediately
- CMake a declaration of incompatibility, leaving the Act in force
- DOrder Parliament to amend the Act within a month
7.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
- CHeld that national security questions were for the executive alone and could not be reviewed by courts
- DMade a declaration of incompatibility, finding the measure disproportionate and discriminatory
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
- COverrule the court's declaration
- DRefer the case directly to Strasbourg
Answer key
- 1. B · The Council of Europe
- 2. D · Investigates complaints of maladministration by public bodies
- 3. C · Needs a legal basis for its actions, especially when interfering with rights
- 4. D · A fair-minded and informed observer would conclude there was a real possibility of bias
- 5. D · A proposal is passed, elections follow, and then both chambers must approve it by two-thirds
- 6. C · Make a declaration of incompatibility, leaving the Act in force
- 7. D · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory
- 8. B · Amend the incompatible legislation by a remedial order
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