1.Easy
Articles 8 to 11 of the ECHR are "qualified" rights. This means that:
- AThey can never be restricted in any way
- BThey can be restricted only during war or a public emergency threatening the life of the nation, under Article 15
- CThey protect only qualified professionals
- DInterferences can be justified if lawful, for a legitimate aim and necessary in a democratic society
2.Easy
Section 3 of the UK Human Rights Act 1998 requires courts to:
- ARead and give effect to legislation compatibly with Convention rights, so far as possible
- BAsk Parliament to interpret unclear statutes
- CFollow every judgment of the Strasbourg court
- DStrike down any provision of an Act that cannot be read compatibly with Convention rights
3.Easy
The European Convention on Human Rights was drawn up within:
- ANATO
- BThe Council of Europe
- CThe European Union
- DThe United Nations
4.Medium
Under British Oxygen v Minister of Technology, a public body that adopts a policy for exercising its discretion must:
- AHave the policy approved by Parliament
- BApply the policy rigidly in every case to ensure consistent treatment
- CStill be willing to listen to anyone with something new to say
- DMake no policy at all
5.Medium
Article 2 of the ECHR (right to life) imposes on states a positive obligation to:
- ATake appropriate steps to safeguard lives within their jurisdiction
- BGuarantee that no citizen ever dies
- CGuarantee free housing and healthcare to everyone within their territory
- DAbolish all police forces
6.Medium
In Soering v UK, the European Court of Human Rights held that extraditing a man to the US to face a possible death sentence would breach Article 3 because:
- AOf the extreme conditions and long wait on death row
- BThe death penalty itself always amounts to torture under Article 3
- CThe US is not a party to the Convention
- DHe would not receive a fair trial
7.Hard
People buy TV licences early to avoid a fee increase, and the Home Office threatens to revoke them unless they pay the extra. In Congreve v Home Office, the court held:
- AThe minister could act for any purpose
- BUsing the revocation power this way was unlawful
- CLicence holders had no legal rights
- DThe revocation was lawful under the statute
8.Hard
The Wednesbury unreasonableness test asks whether a decision is:
- ADifferent from what the judge would have decided on the same evidence
- BUnpopular with the public
- CSo unreasonable that no reasonable authority could have made it
- DSlightly less than ideal
Answer key
- 1. D · Interferences can be justified if lawful, for a legitimate aim and necessary in a democratic society
- 2. A · Read and give effect to legislation compatibly with Convention rights, so far as possible
- 3. B · The Council of Europe
- 4. C · Still be willing to listen to anyone with something new to say
- 5. A · Take appropriate steps to safeguard lives within their jurisdiction
- 6. A · Of the extreme conditions and long wait on death row
- 7. B · Using the revocation power this way was unlawful
- 8. C · So unreasonable that no reasonable authority could have made it
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