1.Easy
The UK convention of collective ministerial responsibility means that:
- AEach minister can veto Cabinet decisions
- BMinisters are elected together as a group
- CMinisters must publicly support government decisions or resign
- DAll ministers are jointly liable in court for government decisions
2.Easy
Articles 8 to 11 of the ECHR are "qualified" rights. This means that:
- AInterferences can be justified if lawful, for a legitimate aim and necessary in a democratic society
- BThey protect only qualified professionals
- CThey can be restricted only during war or a public emergency threatening the life of the nation, under Article 15
- DThey can never be restricted in any way
3.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
4.Medium
Under ECHR case law such as Sunday Times v UK, for a restriction to be "prescribed by law", the law must be:
- AAdequately accessible and foreseeable in its effects
- BOlder than the Convention
- CApproved by a referendum
- DContained in a single written statute passed by parliament
5.Medium
A chief constable is dismissed without being told the charges or given a chance to respond. In Ridge v Baldwin, the House of Lords held:
- AOnly Parliament could review the decision
- BThe dismissal was valid, because the police had no contract
- CThe dismissal was valid, as it was an administrative decision
- DThe dismissal was void for breach of natural justice
6.Medium
Which ground of judicial review applies when a decision-maker ignores a relevant consideration?
- AProcedural impropriety only
- BIllegality
- CLegitimate expectation only
- DNone, because courts never review considerations
7.Hard
In the Case of Proclamations (1610), the court held that the King:
- ACould not create new offences by proclamation
- BCould dismiss judges who disagreed
- CCould change any law by proclamation
- DCould suspend Acts of Parliament
8.Hard
Which statement about "horizontal effect" of human rights is correct?
- ARights apply only between states
- BPrivate parties can be brought directly before the Strasbourg court by individuals whose rights they breach
- CHorizontal effect means rights apply only to horizontal property boundaries
- DRights can influence legal relations between private parties, often indirectly through courts
Answer key
- 1. C · Ministers must publicly support government decisions or resign
- 2. A · Interferences can be justified if lawful, for a legitimate aim and necessary in a democratic society
- 3. D · Requires a detained person to be brought before a court so that the legality of the detention can be tested
- 4. A · Adequately accessible and foreseeable in its effects
- 5. D · The dismissal was void for breach of natural justice
- 6. B · Illegality
- 7. A · Could not create new offences by proclamation
- 8. D · Rights can influence legal relations between private parties, often indirectly through courts
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