1.Easy
In the UK, the royal prerogative is:
- AThe monarch's personal right to veto any Act
- BA set of powers of the Crown recognised by common law, not created by statute
- CThe right of judges to overrule Parliament
- DA set of powers conferred on the Prime Minister by the Constitutional Reform Act
2.Easy
The European Convention on Human Rights was drawn up within:
- AThe United Nations
- BThe Council of Europe
- CNATO
- DThe European Union
3.Easy
The Sewel convention says that the UK Parliament will not normally:
- ALegislate on Scottish matters without first holding a referendum in Scotland
- BDebate matters concerning Scotland
- CChange taxes without a referendum
- DLegislate on devolved matters without the devolved legislature's consent
4.Medium
In Ghaidan v Godin-Mendoza, the House of Lords used section 3 of the Human Rights Act to read "as his or her wife or husband" in the Rent Act as:
- AIncluding same-sex partners
- BExcluding all unmarried partners
- CIncompatible, so it issued a declaration
- DApplying only to registered marriages
5.Medium
The Dutch Constitution (Article 120) forbids courts from:
- AHearing criminal cases
- BReviewing Acts of Parliament for compatibility with the Constitution
- CApplying international treaties
- DReviewing decisions of municipalities and provinces against national statutes
6.Medium
To bring a claim for judicial review in England and Wales, the claimant must have:
- AA sufficient interest in the matter
- BSuffered financial loss
- CPermission from the minister
- DA contract with the public body
7.Hard
In R (Nicklinson) v Ministry of Justice (2014), concerning the ban on assisted suicide, the majority of the UK Supreme Court:
- ARead the ban down under section 3 to allow assisted dying
- BDeclined to make a declaration of incompatibility at that time, leaving it to Parliament
- CHeld that Article 8 was not engaged at all
- DMade a declaration of incompatibility with Article 8, while leaving the ban itself in force for now
8.Hard
Which statement about "horizontal effect" of human rights is correct?
- AHorizontal effect means rights apply only to horizontal property boundaries
- BRights apply only between states
- CPrivate parties can be brought directly before the Strasbourg court by individuals whose rights they breach
- DRights can influence legal relations between private parties, often indirectly through courts
Answer key
- 1. B · A set of powers of the Crown recognised by common law, not created by statute
- 2. B · The Council of Europe
- 3. D · Legislate on devolved matters without the devolved legislature's consent
- 4. A · Including same-sex partners
- 5. B · Reviewing Acts of Parliament for compatibility with the Constitution
- 6. A · A sufficient interest in the matter
- 7. B · Declined to make a declaration of incompatibility at that time, leaving it to Parliament
- 8. D · Rights can influence legal relations between private parties, often indirectly through courts
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