Chapter 2 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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The matter of ____________ is an important factor in assessing whether an interference with Article 1 Protocol 1 is proportionate when that interference amounts to a deprivation but _____________ is not so significant when the interference is a mere control of property.

Your response

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The rights under Article 8 are intended to respect the privacy of the individual which extends to respect for their home.

False correct incorrect

True 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

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. 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 Highest judicial authority on the interpretation of those ECHR rights. Not strictly required to follow Strasbourg rulings.

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The Supreme Court
Strasbourg Court.

Highest judicial authority on the interpretation of those ECHR rights. 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. 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

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Court of Appeal

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. Not strictly required to follow Strasbourg rulings. Highest judicial authority on the interpretation of those ECHR rights.

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High Court

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 Highest judicial authority on the interpretation of those ECHR rights. 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. Not strictly required to follow Strasbourg rulings.

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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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When a home is repossessed by a public authority a claim for breach of the occupier's Article 8 rights may involve one or 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.

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

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 only to the determination of a person's civil rights. Is parasitic in nature.

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Article 6(1)

May be interfered with by a legitimate aim which is necessary in a democratic society to address a pressing social need. Is parasitic in nature. Applies to only to the determination of a person's civil rights. May be interfered with by a legitimate aim which is in the public or general interest.

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Article 8(1)

Is parasitic in nature. May be interfered with by a legitimate aim which is in the public or general interest. Applies to only to the determination of a person's civil rights. May be interfered with by a legitimate aim which is necessary in a democratic society to address a pressing social need.

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Article 1 of Protocol 1

Applies to only to the determination of a person's civil rights. Is parasitic in nature. 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.