House Of Lords Ruling

uk

Which statement best ****escribes the ruling of the House of Lor****s in R (Begum) v Governors of Denbigh High School [*] UKHL *? Question 1Select one: A. When an a****ministrative ****ecision interferes with a Convention right, the primary ****ecision-maker ought to ****emonstrate that it took into consi****eration the ****ecision’s impact on the right. B. When an a****ministrative ****ecision interferes with a Convention right, the primary ****ecision-maker ought to consult a court about whether the ****ecision passes the proportionality test. C. When an a****ministrative ****ecision interferes with a Convention right, the primary ****ecision-maker ought to ****emonstrate that it applie**** the proportionality test when reaching that ****ecision. D. It is for the reviewing court, not the primary ****ecision-maker, to apply the proportionality test in or****er to ****etermine whether an a****ministrative ****ecision complies with Convention rights.

Why was former Prime Minister Davi**** Cameron ‘sickene****’ by the ****ecision in R (F) v Home Secretary * UKSC *? Question 2Select one: A. Because while the Courts accepte**** that the Human Rights Act * has un****ermine**** our legal tra****itions, it is constitutionally impossible to ignore or reform B. Because the Human Rights Act * guarantees former prisoners, rapists, immigrants, an**** terrorists rights in relation to housing assistance an**** life skills ****evelopment lessons C. Because the Courts pointe**** out that certain provisions of the Sexual Offences Act * (inclu****ing the lifelong ****uty of sex offen****ers to keep the police notifie**** of their whereabouts) were incompatible with Article * of the European Convention on Human Rights D. Because before the incorporation of the ECHR, in****ivi****uals in the UK ha**** no other option but complain of unlawful interference with their rights un****er the ECHR by lo****ging a petition with the European Commission of Human Rights in Strasbourg

What is the ‘margin of appreciation’ that the European Court of Human Rights affor****s Member states when applying the European Convention on Human Rights? Question 3Select one: A. It is a ****octrine that allows each Member State to ****erogate from Convention rights. B. It is a ****octrine that the European Court of Human Rights uses to forge a consensus among Member States regar****ing the interpretation of Convention rights. C. It is a ****octrine that allows each Member State to a****opt a slightly ****ifferent un****erstan****ing of the requirements of Convention rights. D. It is a ****octrine that allows the European Court of Human Rights to ****evelop the interpretation of Convention rights in or****er to keep up with evolving moral stan****ar****s.

What is the ‘margin of appreciation’ that the European Court of Human Rights affor****s Member states when applying the European Convention on Human Rights? Question 3Select one: A. It is a ****octrine that allows each Member State to ****erogate from Convention rights. B. It is a ****octrine that the European Court of Human Rights uses to forge a consensus among Member States regar****ing the interpretation of Convention rights. C. It is a ****octrine that allows each Member State to a****opt a slightly ****ifferent un****erstan****ing of the requirements of Convention rights. D. It is a ****octrine that allows the European Court of Human Rights to ****evelop the interpretation of Convention rights in or****er to keep up with evolving moral stan****ar****s.

Which statement best ****escribes the reception in the UK of the ****ecision of the European Court of Human Rights in Hirst (No2) (*) ECHR * on prisoners voting? Question 4Select one: A. Parliament replie**** that it will never amen**** the Representation of the People Act * because the European Court of Human Rights was compose**** of unelecte**** an**** unaccountable ju****ges B. After thirteen years of heate**** ****ebate, the Government propose**** in * to partially lift the general ban by allowing prisoners on temporary licence to vote an**** submitte**** an action report to the Council of Europe to that effect C. After 13 years of ****ebate, the Government refuse**** to lift the ban on prisoners voting because the thought of giving prisoners’ the right to vote ma****e the Prime Minister ‘physically ill’ D. The Council of Europe argue**** in * that the UK’s propose**** amen****ments faile**** to satisfy the case law of the European Court of Human Rights on prisoner voting.

Section * HRA1998 Question 5Select one: A. Allows that only victims of a human rights interference may bring a claim against that interference. B. Imposes a ****uty on courts to interpret primary an**** secon****ary legislation, so far as possible, compatibly with Convention rights. C. Provi****es that private in****ivi****uals ****o not have a ****uty to act compatibly with Convention rights. D. Exempts Parliament from the ****uty to act compatibly with Convention rights.

Section * HRA1998 Question 5Select one: A. Allows that only victims of a human rights interference may bring a claim against that interference. B. Imposes a ****uty on courts to interpret primary an**** secon****ary legislation, so far as possible, compatibly with Convention rights. C. Provi****es that private in****ivi****uals ****o not have a ****uty to act compatibly with Convention rights. D. Exempts Parliament from the ****uty to act compatibly with Convention rights.

A strong criticism against the Human Rights Act * an**** in favour of a British Bill of Rights is that… Question 6Select one: A. Section * of the Human Rights Act weighs the balance too heavily in favour of the ECtHR at the expense of national courts. B. New figures show that the number of Section * ****eclarations of incompatibility of legislation has ****ouble**** in the last year C. The common law provi****es a better level of human rights protection than the Human Rights Act * D. Brexit makes repealing the Human Rights Act * an**** replacement with a British Bill of Rights necessary

Why ****i**** Lor**** Denning ****escribe what is now EU law as an incoming ti****e? Question 1Select one: A. Because he wante**** to ****emonstrate how EU law’s authority comes an**** goes from time to time B. Because he wishe**** to emphasise the impact of EU law on the sovereignty of Parliament C. Because the European Convention on Human Rights takes prece****ence over national law. D. Because ju****ges can activate EU law whenever they wish against Parliament’s will

In Thoburn Laws LJ hel**** that there was a category of constitutional statute of which… Question 2Select one: A. …the Water Act * was one an**** the Extra****ition Act * another B. …the Human Repro****uctive Cloning Act * was one an**** the Homelessness Act * another C. …the Electronic Communications Act * was one an**** the Arme**** Forces Discipline Act * another D. …the European Communities Act * was one an**** the Human Rights Act * another

Which one of the below is a source of constitutional rules in the UK? Question 3Select one: A. The Treaty on the Functioning of the European Union B. The European Convention on Human Rights C. The EU Charter of Fun****amental Rights D. The Treaty on European Union

Article * TEU provi****es that… Question 4Select one: A. Member States are generally not allowe**** to with****raw from the EU but only in the exceptional circumstances that the EU has acte**** in ba**** faith B. Any Member State of the EU may ****eci****e to leave the EU after forty years of continuous membership C. Any Member State of the EU may ****eci****e to with****raw from the Union in accor****ance with its own constitutional requirements D. Any Member State of the EU may ****eci****e to join another international organisation once it has obtaine**** permission by the European Parliament

The EU (With****rawal) Act * that became law on * June * is one of the most constitutionally significant pieces of legislation because… Question 5Select one: A. …it repeale**** the Human Rights Act * an**** provi****e**** legal authority for the Government to intro****uce a British Bill of Rights. B. …it repeale**** the European Parliamentary Elections Act * an**** change**** the mechanism of UK representation in the EU C. …it amen****e**** the Treaty on European Union an**** the Treaty on the Functioning of the European Union D. …it repeale**** the European Communities Act * an**** provi****e**** legal authority for EU law to have effect as national law in the UK.

The UK is a ****ualist state. With regar**** to EU law this means that… Question 6Select one: A. That accor****ing to ****ualist theory EU law became the law of the lan**** from * until *. B. Upon accession to the European Communities (now the European Union) in *, EU law became integrate**** into national law through legislation in or****er to become vali**** in the UK C. Upon accession to the EU in *, EU law became ****irectly effective in the UK without an Act of Parliament vali****ating it D. Upon accession to the EU in * the UK transferre**** its sovereignty on all matters, except for security an**** ****efence, to Brussels officials