1.Easy
A writ of habeas corpus:
- AOrders a public body to perform a statutory duty
- BAllows the police to detain a suspect without charge for up to a week while a court reviews the evidence against them
- CRequires a detained person to be brought before a court so that the legality of the detention can be tested
- DPermits the government to search private homes
2.Easy
Under section 6 of the UK Human Rights Act 1998, it is unlawful for:
- ACourts to apply Acts of Parliament
- BA public authority to act incompatibly with Convention rights
- CA private person to breach any Convention right
- DParliament to pass any Act limiting rights
3.Easy
A referendum is:
- AA direct vote by the electorate on a particular question
- BA decision of the constitutional court
- CA vote of no confidence in the government by members of parliament
- DAn election of members of parliament
4.Medium
Under Article 94 of the Dutch Constitution, Dutch courts:
- ADo not apply statutes that conflict with treaty provisions binding on everyone
- BCan strike down statutes that conflict with the Constitution or with general principles
- CApply statutes even if they conflict with treaties
- DMust refer all treaty questions to the Council of State
5.Medium
Ellen Street Estates v Minister of Health is cited for the principle that:
- AParliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- BEarlier Acts always prevail over later Acts
- CParliament can entrench an Act against later repeal by stating expressly that it may not be amended in future
- DCourts may refuse to apply a later Act
6.Medium
A bicameral legislature has:
- AThree chambers
- BTwo chambers
- CNo elected members
- DOne chamber
7.Hard
A tribunal orders publication of Prince Charles's letters to ministers. The Attorney General issues a certificate under the Freedom of Information Act overriding it. In R (Evans) v Attorney General (2015), the Supreme Court held:
- AThe Act was incompatible with Article 10 ECHR
- BThe letters could never be published
- CThe certificate was valid, as the Act gave him an unqualified veto over any tribunal decision on disclosure
- DThe certificate was invalid, as he had merely disagreed with the tribunal's view of the same facts
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 blanket policy unlawfully interfered with legal professional privilege
- BThe policy was lawful, as prisoners have no privacy
- CThe policy was lawful, as prisons need security
- DThe policy was unlawful only for unconvicted prisoners held on remand awaiting trial
Answer key
- 1. C · Requires a detained person to be brought before a court so that the legality of the detention can be tested
- 2. B · A public authority to act incompatibly with Convention rights
- 3. A · A direct vote by the electorate on a particular question
- 4. A · Do not apply statutes that conflict with treaty provisions binding on everyone
- 5. A · Parliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- 6. B · Two chambers
- 7. D · The certificate was invalid, as he had merely disagreed with the tribunal's view of the same facts
- 8. A · The blanket policy unlawfully interfered with legal professional privilege
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