Chapter 14 Self-test questions

. Domestic land law and human rights are not natural bedfellows. True or false?

True

False

. Which piece of domestic legislation incorporated the ECHR into domestic law in England and Wales? Select one of the following.

The HRA 1998

The HRA 2000

The HRA 2002

The HRA 2004

. In order to claim that a domestic law amounts to a breach of a right under the ECHR, conditions must be met. Which one of the following is not a requirement for bringing such a claim?

There must be a route under the HRA 1998 by which the breach is demonstrated as relevant to the domestic courts.

Relevance under ss. 2, 3 or 6 of the HRA 1998 must be demonstrated.

The state's liability must be engaged on the grounds of incompatibility of domestic law with the ECHR.

There must be evidence of financial detriment.

. Which one of the following is the leading case exploring the possibility or otherwise of horizontal effect of the ECHR in domestic property law?

McDonald v McDonald

Manchester City Council v Pinnock

Hounslow LBC v Powell

Harrow LBC v Qazi

. Which one of the following statements most accurately reflects the outcome in the McDonald litigation?

The Supreme Court and Strasbourg Court upheld Fiona McDonald's complaint brought on the basis of Art. 8 of the ECHR against her private landlord.

The Supreme Court and Strasbourg Court rejected Fiona McDonald's claim brought on the basis of Art. 8 of the ECHR against her private landlord.

The Court of Appeal upheld Fiona McDonald's complaint brought on the basis of Art. 8 of the ECHR against her private landlord but the Supreme Court overruled this.

The Court of Appeal rejected Fiona McDonald's complaint brought on the basis of Art. 8 of the ECHR against her private landlord but the Supreme Court overruled this.

. Which provision of the ECHR guarantees the peaceful enjoyment of one's existing possessions and, in substance, therefore guarantees the right to property? Select one of the following.

Article 1 of the First Protocol to the ECHR

Article 2 of the First Protocol to the ECHR

Article 2 of the ECHR

Article 8 of the ECHR

. Article 1 of the First Protocol to the ECHR guarantees a positive right to receive property. True or false?

True

False

. According to the case of Sporrong and Lönnroth v Sweden (1983) Art. 1 of the First Protocol to the ECHR must be understood as comprising three rules. Which one of the following is not one of those rules?

The peaceful enjoyment of property rule.

The deprivation of possession rule.

The control of possession by the state rule.

The equitable distribution of property rule.

. Article 1 of the First Protocol to the ECHR will be engaged when there has been an interference with possessions. True or false?

True

False

. For the purposes of Art. 1 of the First Protocol to the ECHR, once an interference with possessions has been identified, this will constitute a breach of the Convention which cannot be justified. True or false?

True

False

. Which provision of the ECHR guarantees the right to respect for private and family life, and home? Select one of the following.

Article 1 of the First Protocol to the ECHR

Article 3 of the ECHR

Article 6 of the ECHR

Article 8 of the ECHR

. Article 8 is engaged whenever someone does not have a home and is homeless. True or false?

True

False

. What is understood by the word 'home' for the purposes of Art. 8? Select one of the following.

What is required is a sufficient and continuous link to property.

What is required is a tangible connection to property.

What is required is a minimum of one year's connection to property.

All that is required is a brief, temporal connection to property.

. Which one of the following is not a case exploring Art. 8 and possession proceedings?

Manchester City Council v Pinnock

Hounslow LBC v Powell

Doherty v Birmingham City Council

Pye v Graham

. What is the significance of the cases of Pinnock and Powell? Select one of the following.

These two cases confirmed that social tenants threatened with eviction and defending possession proceedings issued by a local authority are able to request that the court consider the proportionality of the proposed eviction under the ECHR.

These two cases confirmed that social tenants threatened with eviction and defending possession proceedings issued by a local authority will no longer be able to request that the court consider the proportionality of the proposed eviction under the ECHR.

These two cases confirmed that Art. 8 arguments will be considered by the court whenever a local authority seeks to evict a social tenant.

These two cases confirmed that Art. 8 has horizontal as well as vertical effect.

. Other than Art. 1 of the First Protocol and Art. 8, no further provisions of the ECHR are relevant to property law. True or false?

True

False

. What does Art. 6 of the ECHR guarantee? Select one of the following.

The right to marry.

The right to education.

The right to freedom of expression.

The right to a fair trial.

. Article 6 guarantees the right to a fair and public hearing. True or false?

True

False

. Which Article of the ECHR provides for the right against discrimination? Select one of the following.

Article 1 of the First Protocol

Article 8

Article 11

Article 14

. Article 14 is 'parasitic' and does not provide a stand-alone cause of action. True or false?

True

False

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