Public Law (LLB) - Human Rights

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Human Rights Self-Test Questions

Question:

(1) According to the Council of Europe’s website, the European Convention on Human Rights is an international treaty designed to protect three things. Which three things?

(a) Social justice, freedom and fair trade

(b) Freedom, equality and brotherhood

(c) Democracy, human rights and the rule of law

(d) Free trade, free movement of the means of production and European unity 

Answer:

C

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Human Rights Self-Test Questions

Question:

(2) Which of the following statesmen is not listed by the Council of Europe as one of its founding fathers?

(a) Winston Churchill

(b) Charles de Gaulle

(c) Ernest Bevin

(d) Paul-Henri Spaak 

Answe:

B

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Human Rights Self-Test Questions

Question:

(3) Which judicial body was established by the European Convention on Human Rights?

(a) The European Court of Justice

(b) International Court of Justice

(c) The Court of Justice of the European Union

(d) The European Court of Human Rights 

Answer:

C

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Human Rights Self-Test Questions

Question:

(4) Which of the following most accurately describes the status of the European Convention on Human Rights in UK law, before the enactment of the Human Rights Act 1998?

(a) The Convention had the same status as a UK Act of Parliament.

(b) The Convention had the same status as a UK statutory instrument.

(c) The Convention was not considered to be binding law but the courts would use it as an aid to the interpretation of any ambiguous provisions, where it was relevant.

(d) Where UK law and the Convention conflicted, the courts were obliged to disapply the UK law and apply the convention.

Answer: 

C

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Human Rights Self-Test Questions

Question:

(5) Which of the following was cited, by the then UK government, as a reason for enacting a Human Rights Act?

(a) It would improve diplomatic relations with other signatory states.

(b) It would make the separation of powers more complete. MN5 2015/16 2

(c) The UK was increasingly being found to be in breach of its obligations under the European Convention on Human Rights, by the European Court of Human Rights.

(d) The Human Rights Act would be a constitutional statute and would give the higher courts the power to quash incompatible legislation. 

Answer:

C

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Human Rights Self-Test Questions

Question:

(6) Which of the following reasons was not given by the then government to support a Human Rights Act as passed?

(a) The lack of access to convention rights within the UK legal system resulted in lengthy and costly litigation.

(b) In the long term, a Human Rights Act would create a culture of respect for Human Rights within the UK.

(c) The UK was increasingly being found to be in breach of its obligations under the European Convention on Human Rights, by the European Court of Human Rights.

(d) The Human Rights Act would be a constitutional statute and so give the higher courts the power to quash incompatible legislation. 

Answer: D

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Human Rights Self-Test Questions

Question:

(7) What does the pre-amble to the Human Rights Act 1998 say the Act will do?

(a) Prevent the abuse of power.

(b) Give further effect to rights and freedoms guaranteed under the European Convention on Human Rights.

(c) Guarantee the rights and freedoms given further effect under the European Convention on Human Rights.

(d) Incorporate the Convention into UK law.

Answer: 

B

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Human Rights Self-Test Questions

Question:

(8) In which year did the Human Rights Act 1998 come into force?

(a) 1998

(b) 1999

(c) 2000

(d) 2001 

Answer: C

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Human Rights Self-Test Questions

Question: 

(9) Which of one the phrases, below, correctly completes s2(a) Human Rights Act 1998? A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any . . .

(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights.

(b) judgment of the UK Supreme Court. MN5 2015/16 3

(c) relevant Act of Parliament.

(d) relevant legislation of the European Union. 

Answer:

A

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Human Rights Self-Test Questions

Question:

(10) Which of one the phrases, below, correctly completes s3(1) Human Rights Act 1998? So far as it is possible to do so, primary legislation and subordinate legislation must be read . . .

(a) and given effect in a way which is compatible with the Convention rights.

(b) and applied using the ordinary meaning of the words.

(c) and applied in the way that gives effect to the will of Parliament.

(d) and given effect in a way which is compatible with any relevant legislation of the European Union. 

Answer: 

A

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Human Rights Self-Test Questions

Question:

(1) Which of one the phrases, below, most accurately completes the following sentence? The effect of the Human Rights Act 1998 is . . .

(a) to enable the UK Supreme Court to strike down as unconstitutional any legislation that is incompatible with the provisions of the European Convention on Human Rights.

(b) to enable people to challenge the interference, by any public authority, with those Convention rights which are listed in s1 Sch 1 Human Rights Act 1998 in the UK courts.

(c) to prevent Parliament from creating new taxes without the agreement of the public.

(d) to bring the UK into line with the rest of the Member States of the EU with regard to social policy. 

Answer: 

B

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Human Rights Self-Test Questions

Question: 

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Human Rights Self-Test Questions

Question: 

(3) Which one of the following statements is correct?

(a) s7(1) Human Rights Act 1998 allows a person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by [the Human Rights Act 1998] to bring proceedings against the authority under this Act in the appropriate court or tribunal, or rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act.

(b) Art 7(1) Human Rights Act 1998 allows a person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by [the Human Rights Act 1998] to bring proceedings against the authority under this Act in the appropriate court or tribunal, or rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act. MN5 2015/16 2

(c) s7(1) European Convention on Human Rights allows a person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by [the Convention] to bring proceedings against the authority under this Convention in the appropriate court or tribunal, or rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act.

(d) Art 7(1) European Convention on Human Rights allows a person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by [the Convention] to bring proceedings against the authority under this Convention in the appropriate court or tribunal, or rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act. 

Answer:

A

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Human Rights Self-Test Questions

Question:

(4) Which one of the following statements is incorrect?

(a) The definition of a public authority in the Human Rights Act 1998 specifically includes the courts.

(b) The definition of a public authority in the Human Rights Act 1998 specifically includes the Church of England.

(c) The definition of public authority in the Human Rights Act 1998 includes anyone whose functions are of a public nature.

(d) The definition of a public authority in the Human Rights Act 1998 specifically includes tribunals.

Answer: 

B

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Human Rights Self-Test Questions

Question:

(5) Which one of the following statements is correct?

(a) A declaration of incompatibility, under s4 Human Rights Act 1998 invalidates the sections of the incompatible Act of Parliament.

(b) s10 Human Rights Act 1998 provides the High Court, Court of Appeal and Supreme Court the power to amend primary legislation, using a “fast track” procedure.

(c) A declaration of compatibility, under s4 Human Rights Act 1998, should only be made where it is not possible for the court to interpret the UK law in a manner which complies with the European Convention on Human Rights.

(d) Declarations of incompatibility can now be made by county courts, tribunals, the Crown Court and magistrates' courts. 

Answer:

C

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Human Rights Self-Test Questions

Question:

(6) Which of the following provisions is contained in Art 35 European Convention on Human Rights?

(a) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by s6(1) may bring proceedings against the authority under this Act in the appropriate court or tribunal, or rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act. MN5 2015/16 3

(b) The Court may receive applications from any person, nongovernmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the Protocols thereto.

(c) The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of six months from the date on which the final decision was taken.

(d) The court must have particular regard to the importance of the Convention right to freedom of expression.

Answer:

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Human Rights Self-Test Questions

Question:

(7) Which one of the following is not part of the principle of proportionality?

(a) The court considers what is necessary to achieve the legitimate aims of policy or legislation produced by a public body.

(b) Proportionality is now a discrete ground for judicial review.

(c) Proportionality usually involves striking a balance between the benefits to be achieved by a public authority in the production of a particular policy or piece of legislation and the harm that may be done by interfering with individuals' Convention rights in the process.

(d) The court will consider the comparative importance of the actual rights being claimed in the individual case; the justifications for interfering with or restricting each of those rights; and will apply the proportionality test to each.

Answer:

B

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Human Rights Self-Test Questions

Question:

(8) Which one of the following statements is correct?

(a) s6(1) Human Rights Act 1998 makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.

(b) Art 6(1) Human Rights Act 1998 makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.

(c) s6(1) European Convention on Human Rights makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.

(d) Art 6(1) European Convention on Human Rights makes it unlawful for a public authority to act in a way which is incompatible with a Convention right. 

Answer:

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Human Rights Self-Test Questions

Question:

(9) Which one of the following statements is correct?

(a) The definition of a public authority in the Human Rights Act 1998 excludes the courts.

(b) There is no definition of a public authority in the Human Rights Act 1998. MN5 2015/16 4

(c) The definition of public authority in the Human Rights Act 1998 includes anyone whose functions are of a public nature.

(d) The definition of a public authority in the Human Rights Act 1998 includes public limited companies.

Answer:

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Human Rights Self-Test Questions

Question:

(10) Which one of the following statements is incorrect?

(a) A declaration of incompatibility, under s4 Human Rights Act 1998, does not affect the validity of the incompatible Act of Parliament.

(b) s10 Human Rights Act 1998 provides a “fast track” procedure for the amendment of legislation which is subject to a declaration of incompatibility under s4 Human Rights Act 1998.

(c) A declaration of incompatibility, under s4 Human Rights Act 1998, should only be made where it is not possible for the court to interpret the UK law in a manner which complies with the European Convention on Human Rights.

(d) Declarations of incompatibility can now be made by county courts, tribunals, the Crown Court and magistrates' courts. 

Answer:

D

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