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Chapter 14 Multiple choice questions
Return to Public Law Concentrate 7e Student Resources
Chapter 14 Multiple choice questions
Quiz Content
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not completed
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Which one of the following statements is false?
Before the
HRA 1998
came into force, human rights protection in the United Kingdom was based on remedies contained in specific causes of action or penalties available through the criminal justice system.
correct
incorrect
During the twentieth century, human rights principles were developed in international law by the law of treaties and by international organizations
correct
incorrect
The European Convention is a treaty and, as such, could not, before the
Human Rights Act 1998
came into force, give individual citizens directly enforceable rights in the UK courts.
correct
incorrect
The European Convention on Human Rights and Fundamental Freedoms guarantees social and economic rights as well as civil and political rights.
correct
incorrect
*
not completed
.
Which one of the following statements is true?
Section 2 of the
Human Rights Act 1998
compels the UK courts to apply all internationally recognized human rights standards and principles as if they were a part of UK law.
correct
incorrect
Section 3 of the
Human Rights Act 1998
gives the British courts jurisdiction to disapply the provisions of an Act of Parliament
correct
incorrect
The
Human Rights Act 1998
compels the UK courts to provide effective remedies in cases where rights guaranteed by the European Convention are violated.
correct
incorrect
The
Human Rights Act 1998
creates Convention Rights, set out in Section 1 and Sched 1 of the Act, incorporated into UK Law from the European Convention on Human Rights and Fundamental Freedoms.
correct
incorrect
*
not completed
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Which one of the following is not part of the principle of proportionality?
The court considers what is necessary to achieve the legitimate aims of a particular policy or legislation.
correct
incorrect
Proportionality often involves striking a balance between the benefits to be achieved by doing something and the harm that may be done by interfering with a person's Convention rights in the process.
correct
incorrect
The court looks at (1) the comparative importance of the actual rights being claimed in the individual case; (2) the justifications for interfering with or restricting each of those rights; and (3) applies the proportionality test to each.
correct
incorrect
Proportionality has now replaced unreasonableness as a ground for judicial review.
correct
incorrect
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not completed
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Which one of the following statements is false?
Section 6(1) of the
Human Rights Act 1998
makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.
correct
incorrect
The definition of public authority in Section 6(3) of the
Human Rights Act 1998
includes anyone whose functions are of a public nature.
correct
incorrect
All claims involving human rights issues must be brought within one year.
correct
incorrect
If a public authority infringes a Convention right, it is possible, under
s 7
, for victims to use the Act against it as a ground for judicial review on the basis of 'illegality' or in private law proceedings for breach of statutory duty or as a defense.
correct
incorrect
*
not completed
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Which one of the following statements is true?
Under s 8
HRA 1998
, damages can be awarded on the basis of what is necessary and appropriate to give just satisfaction and
Section 12(3)
requires the court, before it grants an injunction to restrain publication, to consider the merits of the case and seek to balance the merits one right against another without giving undue weight to either of them.
correct
incorrect
There is an absolute limit of £200,000 damages in human rights claims.
correct
incorrect
The courts no longer have the power to grant injunctions to restrain publication of material because to do so would be incompatible with article 10 of the European Convention which protects freedom of speech.
correct
incorrect
It is no longer possible to go to the European Court of Human Rights if a remedy is unsatisfactory.
correct
incorrect
*
not completed
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Which one of the following statements is false?
The most important effect of making a declaration of compatibility is that it puts pressure on the government to change the law.
correct
incorrect
Declarations of incompatibility are now available in county courts, tribunals, the Crown Court or magistrates' courts.
correct
incorrect
The courts which have power to make such declarations are the House of Lords, the Judicial Committee of the Privy Council, the Courts-Martial Appeal Court, the High Court of Justiciary, the Court of Session, the High Court and the Court of Appeal.
correct
incorrect
A declaration of incompatibility provides a 'fast track' procedure for the amendment of legislation.
correct
incorrect
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