Constitutional law worksheet with answers

Section 3 of the UK Human Rights Act 1998 requires courts to:

1. AStrike down any provision of an Act that cannot be read compatibly with Convention rights
2. BAsk Parliament to interpret unclear statutes
3. CRead and give effect to legislation compatibly with Convention rights, so far as possible
4. DFollow every judgment of the Strasbourg court

Under section 6 of the UK Human Rights Act 1998, it is unlawful for:

1. AParliament to pass any Act limiting rights
2. BCourts to apply Acts of Parliament
3. CA private person to breach any Convention right
4. DA public authority to act incompatibly with Convention rights

Individual ministerial responsibility means that a minister:

1. AIs personally liable to pay damages for errors made by their civil servants
2. BCan be removed from office by the courts
3. CIs accountable to Parliament for their department and personal conduct
4. DMust personally approve every decision of their department

After Burmah Oil v Lord Advocate held that compensation was due for property destroyed during the war, Parliament passed the War Damage Act 1965, which:

1. ARemoved the right to compensation retrospectively
2. BWas struck down by the courts
3. CRequired the courts to hear the case again
4. DIncreased the compensation payable

In R v Bow Street Magistrate, ex p Pinochet (No 2), the House of Lords set aside its own earlier decision because:

1. AThe judges had made a legal mistake
2. BPinochet had not been given a lawyer of his own choice at the hearing
3. COne judge had links to a charity that was a party to the case
4. DThe case had been heard in private

Under section 2 of the UK Human Rights Act 1998, UK courts must, when deciding Convention rights questions:

1. AIgnore Strasbourg case law
2. BFollow every relevant Strasbourg judgment strictly, as binding precedent
3. CRefer all questions to Strasbourg
4. DTake into account judgments of the European Court of Human Rights

In R v Home Secretary, ex p Simms, Lord Hoffmann explained the "principle of legality" as meaning that:

1. ACourts may strike down Acts that breach fundamental rights
2. BGeneral words in a statute are presumed not to override fundamental rights
3. CParliament cannot legislate against fundamental rights
4. DMinisters may limit fundamental rights whenever it is in the public interest

In Madzimbamuto v Lardner-Burke, the Privy Council held that the UK Parliament could still legislate for Southern Rhodesia because:

1. ARhodesia had consented to the legislation
2. BA convention that it would not do so did not limit its legal power
3. CRhodesia had become fully independent
4. DThe convention was legally binding but had been waived by Rhodesia