Chapter 4 Self-test questions

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. The Human Rights Act has direct vertical effect but not direct horizontal effect.

True correct incorrect

False correct incorrect

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. When an interference with rights under Article 1 Protocol 1 has been justified, the matter of ____________ may come down to the simple question of whether it amounts to a deprivation or control of property.

Your response

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. The human right to protection from arbitrary dispossession by the state is born of a deep impulse which views lawless seizure of property as a particularly violating kind of molestation—a form of ___________.

Your response

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. The rights under Article 8 are intended to respect the privacy of the individual.

True correct incorrect

False correct incorrect

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. If it is unlawful for a public authority to act in a way which is incompatible with a Convention right, which of the following could be considered to be a 'public authority'?
Please select all that apply.

The House of Lords. correct incorrect

The Court of Appeal. correct incorrect

A local authority acting in a private capacity as an employer. correct incorrect

A parochial council reviewing a planning application. correct incorrect

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. HRA s. 2 requires a court to take account of decisions of the European Court of Human Rights, but in the light of the doctrine of precedent, which courts are bound by previous Strasbourg rulings and which are free to depart therefrom?

European Court of Human Rights

Not strictly required to follow Strasbourg rulings. Bound by Supreme Court decisions, but free to depart from its own decisions that it believed to be inconsistent with a subsequent decision of the Strasbourg Court. Highest judicial authority on the interpretation of those ECHR rights. Free to depart from its own decisions and will need to do so if that decision is subsequently found not to take adequate account of the views of the

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.

The Supreme Court Strasbourg Court.

Not strictly required to follow Strasbourg rulings. Bound by Supreme Court decisions, but free to depart from its own decisions that it believed to be inconsistent with a subsequent decision of the Strasbourg Court. Highest judicial authority on the interpretation of those ECHR rights. Free to depart from its own decisions and will need to do so if that decision is subsequently found not to take adequate account of the views of the

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.

Court of Appeal

Not strictly required to follow Strasbourg rulings. Highest judicial authority on the interpretation of those ECHR rights. Free to depart from its own decisions and will need to do so if that decision is subsequently found not to take adequate account of the views of the Bound by Supreme Court decisions, but free to depart from its own decisions that it believed to be inconsistent with a subsequent decision of the Strasbourg Court.

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.

High Court

Highest judicial authority on the interpretation of those ECHR rights. Not strictly required to follow Strasbourg rulings. Free to depart from its own decisions and will need to do so if that decision is subsequently found not to take adequate account of the views of the Bound by Supreme Court decisions, but free to depart from its own decisions that it believed to be inconsistent with a subsequent decision of the Strasbourg Court.

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. A public authority is not permitted to act in a way incompatible with a Convention right.

True correct incorrect

False correct incorrect

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. It is suggested that when a home is repossessed by a public authority a claim for breach of the occupier's Article 8 rights may involve one of more of three limbs:
1. the compatibility of the substantive law
2. the adequacy of the process by which repossession is achieved
3. the proportionality of the repossession upon the personal circumstances of the occupier.
Which of these limbs are the primary candidates for a human rights attack?

1. correct incorrect

2. correct incorrect

3. correct incorrect

All of them. correct incorrect

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. Match the description to the relevant article of the ECHR.

Article 14

Is aimed at preventing discrimination in the enjoyment of Convention Rights. Applies to the determination of a person's property rights. May be interfered with by a legitimate aim which is necessary in a democratic society to address a pressing social need. May be interfered with by a legitimate aim which is in the public or general interest.

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.

Article 6

May be interfered with by a legitimate aim which is necessary in a democratic society to address a pressing social need. Applies to the determination of a person's property rights. May be interfered with by a legitimate aim which is in the public or general interest. Is aimed at preventing discrimination in the enjoyment of Convention Rights.

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.

Article 8(1)

May be interfered with by a legitimate aim which is necessary in a democratic society to address a pressing social need. May be interfered with by a legitimate aim which is in the public or general interest. Applies to the determination of a person's property rights. Is aimed at preventing discrimination in the enjoyment of Convention Rights.

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.

Article 1 of Protocol 1

May be interfered with by a legitimate aim which is necessary in a democratic society to address a pressing social need. Is aimed at preventing discrimination in the enjoyment of Convention Rights. May be interfered with by a legitimate aim which is in the public or general interest. Applies to the determination of a person's property rights.

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. The effect of the HRA 1998 has been described as a ____________ through which our proprietary rules must pass.

Your response