Chapter 4 Multiple choice questions

1. Which one of the following Articles is a 'Convention right', found in Schedule 1 of the Human Rights Act 1998 and given further effect in UK law by the Act?

Article 1 of the First Protocol to the Convention.

Article 1 of the European Convention on Human Rights.

Article 13 of the European Convention on Human Rights.

Article 15 of the European Convention on Human Rights.

2. Which one of the following statements best expresses the duty of UK courts regarding the need, under s 2 HRA 1998, to pay proper heed to the decisions of the European Court of Human Rights (ECtHR) in Strasbourg and (until 1998) the reports of the European Commission on Human Rights?

To follow the decisions of the Strasbourg institutions in all cases.

To take into account the decisions of the Strasbourg institutions, but only as one of a number of other factors; Strasbourg decisions have no particular significance.

Normally to follow the clear and constant general rules and principles developed by the European Court of Human Rights unless there are strong reasons to the contrary.

To take into account and follow the decisions of the Strasbourg institutions except in wholly exceptional circumstances.

3. The court's interpretative duty under s 3 HRA 1998 requires it to interpret legislation, to read words in, to read words out and to read general words down under certain conditions (see Ghaidan v Godin-Mendoza [2004] UKHL 30). Which one of the following statements expresses these conditions?

Section 3 only allows the courts to read in/out/down where the meaning of the Act under ordinary methods of statutory interpretation is unclear or ambiguous (capable of more than one meaning).

If the literal meaning (the ordinary meaning of the words) of the statute is clear, it must be followed by the courts even if leads to incompatibility. In such a case, a declaration of incompatibility under s 4 is the only possibility.

Section 3 requires courts to interpret legislation for compatibility with Convention rights whenever, under normal canons of interpretation (literal, golden and mischief rules) there is incompatibility with Convention rights.

Section 3 allows a court to interpret legislation for compatibility even if, under ordinary principles of statutory interpretation, it is incompatible with Convention rights as long as, in doing so, the courts do not take on a legislative, rather than interpretative, role. Subject to this proviso, a court is not bound by the 'literal rule'.

4. Match each case with its description.

Declaration of incompatibility followed by remedial action taken under s 10.

Use of s 3 HRA 1998 in a way that strained the literal meaning of the Act and in a way that was in tension with the policy of the Act, but which preserved the right to a fair trial.

Declaration of incompatibility because otherwise the courts would be responsible for a major policy change, which, constitutionally, should be for government and parliament.

Use of s 3 HRA 1998 without a declaration of incompatibility—giving effect to social changes and developments already signalled by the law.

5. A Minister can use s 10 HRA 1998 to amend legislation 'by order' if, following either a declaration of incompatibility or an adverse decision by the European Court of Human Rights (ECtHR), he or she thinks there are ……… for so doing.

6. Which of the following are 'public authorities' and under a duty to act compatibly with Convention rights unless compelled otherwise by a valid Act of Parliament? Please select all that apply.

Parliament (House of Commons and House of Lords).

The courts and tribunals.

A charity providing housing and other services to the elderly.

The chief constable of a police force.

7. The Human Rights Act 1998 means that only public authorities must acts compatibly with Convention rights. The Act has no bearing on individuals, commercial companies, charities, trade unions and other private bodies acting in their private capacity.

True

False

8. Under the Human Rights Act 1998, UK courts are required to adjudicate on the 'proportionality' of the actions of government (e.g. Ministers) and public bodies (e.g. the police, a regulatory agency or a tribunal). In so doing, they give appropriate weight to the viewpoint of the officials involved by according them ……….

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