Chapter 9 Self-test questions

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. What type of legal instrument is the European Convention on Human Rights?

A form of non-legal rule correct incorrect

An Act of Parliament correct incorrect

An international treaty correct incorrect

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. The European Convention on Human Rights was created under the auspices of which body?

The European Union correct incorrect

The Council of Europe correct incorrect

The United Nations correct incorrect

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. Members of the Council of Europe may ratify the Convention subject to reservations. They may also derogate from the Convention. Match each of these actions with its appropriate definition.

Reservation

Select an answer choice At the time of signing the Convention, the State concerned reserves a position in which its laws are, to some extent, inconsistent with the Convention. The State, in a time of war or other public emergency threatening the life of the nation, suspends a right (or rights) under the Convention for the duration of that war or emergency.

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Derogation.

Select an answer choice At the time of signing the Convention, the State concerned reserves a position in which its laws are, to some extent, inconsistent with the Convention. The State, in a time of war or other public emergency threatening the life of the nation, suspends a right (or rights) under the Convention for the duration of that war or emergency.

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. Match each Article of the European Convention on Human Rights with its corresponding right.

Article 2

Select an answer choice The right to life The right to protection of private life The right to a fair trial The right to be free of certain types of discrimination The freedom of expression The right against slavery The rights to freedom of conscience and religion The right to liberty The right not to suffer torture or inhuman and degrading treatment The right not to be punished retrospectively The freedom of association

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Article 3

Select an answer choice The right to life The freedom of expression The right not to be punished retrospectively The right to be free of certain types of discrimination The right to protection of private life The right not to suffer torture or inhuman and degrading treatment The right against slavery The freedom of association The right to liberty The right to a fair trial The rights to freedom of conscience and religion

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Article 4

Select an answer choice The freedom of association The right not to be punished retrospectively The right not to suffer torture or inhuman and degrading treatment The right to liberty The right to protection of private life The rights to freedom of conscience and religion The right to be free of certain types of discrimination The right to a fair trial The freedom of expression The right against slavery The right to life

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Article 5

Select an answer choice The right to be free of certain types of discrimination The right not to be punished retrospectively The freedom of association The right against slavery The right to a fair trial The right to liberty The right not to suffer torture or inhuman and degrading treatment The rights to freedom of conscience and religion The right to protection of private life The right to life The freedom of expression

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Article 6

Select an answer choice The freedom of expression The right not to suffer torture or inhuman and degrading treatment The right to life The freedom of association The right to be free of certain types of discrimination The right to protection of private life The right against slavery The right not to be punished retrospectively The rights to freedom of conscience and religion The right to a fair trial The right to liberty

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Article 7

Select an answer choice The freedom of expression The right to liberty The right to protection of private life The right not to suffer torture or inhuman and degrading treatment The freedom of association The right to be free of certain types of discrimination The right against slavery The rights to freedom of conscience and religion The right to life The right not to be punished retrospectively The right to a fair trial

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Article 8

Select an answer choice The right to liberty The right not to be punished retrospectively The right to be free of certain types of discrimination The right not to suffer torture or inhuman and degrading treatment The freedom of association The right to a fair trial The right to life The rights to freedom of conscience and religion The right against slavery The freedom of expression The right to protection of private life

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Article 9

Select an answer choice The right not to suffer torture or inhuman and degrading treatment The right to protection of private life The freedom of expression The right to a fair trial The right to liberty The right to life The right against slavery The right not to be punished retrospectively The right to be free of certain types of discrimination The freedom of association The rights to freedom of conscience and religion

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Article 10

Select an answer choice The right to life The right to liberty The right not to suffer torture or inhuman and degrading treatment The right to a fair trial The right not to be punished retrospectively The right to be free of certain types of discrimination The rights to freedom of conscience and religion The right to protection of private life The right against slavery The freedom of expression The freedom of association

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Article 11

Select an answer choice The right not to be punished retrospectively The right to protection of private life The rights to freedom of conscience and religion The right not to suffer torture or inhuman and degrading treatment The right to be free of certain types of discrimination The freedom of association The right to a fair trial The right to liberty The right to life The right against slavery The freedom of expression

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Article 14

Select an answer choice The right to life The freedom of expression The right against slavery The freedom of association The right to be free of certain types of discrimination The right to liberty The right to protection of private life The right to a fair trial The rights to freedom of conscience and religion The right not to be punished retrospectively The right not to suffer torture or inhuman and degrading treatment

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. Against whom may an action before the ECtHR be brought?

Any public authority correct incorrect

Another individual correct incorrect

The State (e.g. the UK) correct incorrect

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. A party must have _______ all domestic remedies before petitioning the ECtHR.

Your response

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. Which of the following is not a part of the approach to incorporation of the ECHR achieved by the HRA 1998?

Where there is an incompatibility, the HRA obliges the government to introduce amending legislation within a given time period. correct incorrect

The HRA gives the judges the power to declare domestic legislation incompatible with Convention rights. correct incorrect

The HRA has, by s 1, selectively incorporated parts of the ECHR into English law as 'Convention rights'. correct incorrect

The HRA obliges UK judges, so far as is possible, to interpret domestic legislation consistently with the Convention rights. correct incorrect

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. What is the legal effect of a declaration of incompatibility?

There is no legal effect because the declaration does not affect the validity of the Act. correct incorrect

There is a legal effect because the party bringing the action will win if the court issues a declaration of incompatibility. correct incorrect

There is a legal effect because the public authority defending the action will lose if the court issues a declaration of incompatibility. correct incorrect

There is a legal effect because the declaration invalidates the Act in question. correct incorrect

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. Secondary legislation that is incompatible with Convention rights may, in most instances, be annulled by the normal process of judicial review.

True correct incorrect

False correct incorrect

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. Which of these courts in England and Wales has power to issue a declaration of incompatibility (select all that apply)?

The Supreme Court correct incorrect

The Court of Appeal correct incorrect

The magistrates court correct incorrect

The Courts Martial Appeal Court correct incorrect

The County Court correct incorrect

The High Court correct incorrect

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. Which of these courts in Scotland has the power to issue a declaration of incompatibility (select all that apply)?

The Sheriff Courts correct incorrect

The Supreme Court correct incorrect

The High Court of Justiciary correct incorrect

The Court of Session correct incorrect

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. Under s 206 of the ____________ (three words) Act 2006, the Welsh Assembly is obliged to legislate in accordance with Convention rights.

Your response

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. Which of the following statements most accurately describes the obligation expressly imposed on the courts by s 3(1) of the HRA 1998?

Courts must, in so far as it is necessary to do so, interpret legislation so as to achieve consistency with the Convention rights. correct incorrect

Courts must, in so far as the plain meaning of the legislation allows, interpret legislation so as to achieve consistency with the Convention rights. correct incorrect

Courts must, in so far as it is reasonable to do so, interpret legislation so as to achieve consistency with the Convention rights. correct incorrect

Courts must, in so far as it is possible to do so, interpret legislation so as to achieve consistency with the Convention rights. correct incorrect

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. Where a court is considering the effect of legislation passed after the HRA came into force, the dominant judicial approach to declarations of incompatibility indicates that they should be used only where the legislation under consideration shows, expressly or by necessary implication, an intention on the part of Parliament to legislate contrary to the HRA.

True correct incorrect

False correct incorrect

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. The courts have identified each of the following as a technique that may be used to achieve a Convention-compliant interpretation – but which definition applies to which technique?

Translating

Select an answer choice The process of achieving compliance by giving the words of an Act a meaning that is narrower than the literal or normal meaning. The process by which incompatible words are to be changed for words that are compatible. The process by which compliance is achieved by implying words into a statute that are not there on a literal reading.

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Reading down

Select an answer choice The process by which compliance is achieved by implying words into a statute that are not there on a literal reading. The process of achieving compliance by giving the words of an Act a meaning that is narrower than the literal or normal meaning. The process by which incompatible words are to be changed for words that are compatible.

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Reading in

Select an answer choice The process of achieving compliance by giving the words of an Act a meaning that is narrower than the literal or normal meaning. The process by which compliance is achieved by implying words into a statute that are not there on a literal reading. The process by which incompatible words are to be changed for words that are compatible.

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. The term 'margin of appreciation' refers to the range of discretion or 'room for manoeuvre' that the European Court of Human Rights is willing to grant to national authorities in meeting their obligations under the ECHR. The extent of the margin permitted will depend, among other things, on the nature of the rights involved.

True correct incorrect

False correct incorrect

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. The 'textuality principle' is a principle of interpretation used by the EctHR – but what does it mean?

The court must have regard to the ordinary meaning of the terms of the Convention in its context and in the light of its object and purpose. correct incorrect

The court must, in interpreting the Convention, treat the text as a 'living instrument'. correct incorrect

The court must have regard to all relevant written texts (i.e. the Convention, other relevant treaties and its own judgments) in reaching a decision. correct incorrect

The court must adopt a teleological approach in interpreting the text of the Convention. correct incorrect

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. The ECtHR may, in accordance with the Law of Treaties, find _____ terms when construing the Convention.

Your response

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. Which of the following statements accurately reflect the impact of the HRA on the doctrine of precedent (select all that apply)?

The HRA s 5 expressly requires the superior courts (the Court of Appeal and the House of Lords) to overrule any precedent that creates a rule of law that is inconsistent with a Convention right. correct incorrect

The HRA s 3 requires the courts not to follow (so far as is possible) any authority on the meaning of a word or provision in an Act that would result in making that provision non-compliant with Convention rights. correct incorrect

The HRA s 6 has been interpreted to require courts to achieve consistency in respective of any substantive common law rule, that is, any rule created by precedent. correct incorrect

The HRA has no impact on the operation of precedent. correct incorrect

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. Which of the following statements most accurately describes the extent of the UK courts' duty to consider or apply the decisions of the ECtHR?

The UK courts must follow the 'constant jurisprudence' established by the ECtHR through a succession of decisions, although individual decisions of the court are not binding. correct incorrect

The UK courts are bound to follow any decision of the ECtHR that is on point, subject only to any right to rely upon a 'margin of appreciation'. correct incorrect

The UK courts must 'take into account' all relevant decisions of the ECtHR in interpreting the Convention, but need not follow the court's approach. correct incorrect

The UK courts are free to disregard the jurisprudence of the ECtHR, by virtue of the 'free-standing model of incorporation' adopted by the UK. correct incorrect