1.Easy
The rule of law means, at its core, that:
- AJudges make all laws
- BOnly citizens must follow the law
- CThe government can change any law at any time without limits
- DEveryone, including the government, is subject to the law
2.Easy
A codified constitution is one whose main rules are:
- AAgreed afresh after every election
- BBased entirely on unwritten customs
- CCollected in a single written document
- DFound only in judicial decisions
3.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 can never be restricted in any way
- CThey protect only qualified professionals
- DThey can be restricted only during war or a public emergency threatening the life of the nation, under Article 15
4.Medium
In R v Bow Street Magistrate, ex p Pinochet (No 2), the House of Lords set aside its own earlier decision because:
- APinochet had not been given a lawyer of his own choice at the hearing
- BThe case had been heard in private
- CThe judges had made a legal mistake
- DOne judge had links to a charity that was a party to the case
5.Medium
Ellen Street Estates v Minister of Health is cited for the principle that:
- AEarlier Acts always prevail over later Acts
- BParliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- CCourts may refuse to apply a later Act
- DParliament can entrench an Act against later repeal by stating expressly that it may not be amended in future
6.Medium
Which ground of judicial review applies when a decision-maker ignores a relevant consideration?
- ANone, because courts never review considerations
- BProcedural impropriety only
- CIllegality
- DLegitimate expectation only
7.Hard
Under Article 15 of the ECHR, a state may derogate from some obligations in time of war or public emergency, but not from:
- AArticle 8 (private life)
- BArticle 3 (torture) and Article 4(1) (slavery), among others
- CArticle 11 (assembly)
- DArticle 5 (liberty) and Article 6 (fair trial), among others
8.Hard
Article 79(3) of the German Basic Law (the "eternity clause") forbids amendments that affect:
- AThe electoral system, the number of seats in the Bundestag, or any of the rules in Articles 38 to 48 on elections
- BOnly the articles on taxation
- CThe federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
- DAny article of the Basic Law at all
Answer key
- 1. D · Everyone, including the government, is subject to the law
- 2. C · Collected in a single written document
- 3. A · Interferences can be justified if lawful, for a legitimate aim and necessary in a democratic society
- 4. D · One judge had links to a charity that was a party to the case
- 5. B · Parliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- 6. C · Illegality
- 7. B · Article 3 (torture) and Article 4(1) (slavery), among others
- 8. C · The federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
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