Chapter 25 Multiple choice questions

1. Article 3 of the First Protocol means what it says: it simply puts an obligation on States to hold elections at reasonable intervals.

True

False

2. Which of these statements correctly indicate the effect of Article 3 of Protocol One? Please select all that apply.

Ensuring the 'free expression of the opinion of the people in the choice of the legislature' means that Article 3 requires States to adopt systems of proportional representation.

'Free elections' means that electoral systems that require candidates to pay a modest deposit (which they may lose) or obtain support from hundred of backers, before they can stand, will violate Article 3.

Ensuring the 'free expression of the opinion of the people in the choice of the legislature' means that Article 3 requires States with regions in which the population tends to have a particular ethnic or religious character to ensure that these regions enjoy the same effective rights and capability of voting; special, protected representation is not required.

An electoral system that limited elections to the legislature to every ten years, while having local council elections every three years, would violate Article 3.

3. Relate the legal principle and circumstances given with the appropriate case.

A ban on all convicted, serving prisoners from voting in general elections was too indiscriminate in its effects and not adequately justified, and so, in principle, violated Article 3.

A ban on any member of a foreign legislature from also being a member of the national legislature was upheld as a reasonable qualification on the right to sit.

The right to vote etc is so important that there needs to be an effective and independent, legally based, process for dealing with complaints about electoral rights. States have a wide margin of appreciation on this but the Court will intervene if the national system fails to provide proper independence by, for example, leaving it to Parliament.

Political restrictions imposed on local government workers, which prevented them from standing in elections, were justified and reasonable restrictions aimed at maintaining the impartiality of the public services.

4. The right to vote, as protected under Article 3, is only available in respect of which one of the following tests of public opinion?

Elections for a regional assembly that has powers, under the constitution, to make laws on education for a particular region of a country.

A referendum gauging popular opinion on proposals for major constitutional change for a country.

An election for the executive president of a country whose constitution is based on a strict separation of powers.

Local government elections.

Quiz Content