Chapter 7 Multiple choice questions

. Which of the following are regarded as the foundations of the human rights law? Please select all that apply.

The United States Bill of Rights

The French Declaration of the Rights of Man and Citizen

The Treaty of Rome

The Treaty of Versailles

. Match the relevant legal level to the relevant instrument for protection of the right of freedom of expression.

International Covenant on Civil and Political Rights 1966, Art. 19.

.

European Convention of Human Rights, Art. 10.

.

Charter of Fundamental Rights of the European Union, Art. 11.

.

Common law (Derbyshire County Council v Times Newspapers Ltd).

. The Universal Declaration of Human Rights adopted by the UN General Assembly was a groundbreaking document, but it was not ___________.

. For which of the following reasons did the United Kingdom Government attempt to water down the enforceability mechanisms of the ECHR, in particular, the right to individual petition? Please select all that apply.

A concern that it would undermine parliamentary sovereignty.

A fear that it would undermine the ability to detain individuals without trial during times of emergency.

They thought that the provisions were too vague to be applied by judges from a variety of legal traditions.

As a matter of principle, they were opposed to international human rights instruments.

. As well as receiving individual petitions (individuals against states) the European Court of Human Rights at Strasbourg brought cases by signatory states against other signatory states.

True

False

. What does Anthony King suggest is the main reason that human rights campaigners found the pre-HRA situation so unsatisfactory?

Senior figures in the judiciary supported the campaign to incorporate the ECHR.

The government was threatening to withdraw from the Council of Europe.

Individuals had to go to the trouble and expense of taking their cases to the European Court of Human Rights in Strasbourg in order to use their convention rights.

There were no breaches of fundamental rights

. What are the two basic aims of the Human Rights Act 1998? Please select all that apply.

To limit the protection to British citizens.

To encourage public authorities to adopt a human rights culture in all of their decision making.

To prevent individuals bringing cases to the ECHR.

To improve rights enforcement.

. How has the Human Rights Act 1998 been implemented?

By a rule of construction.

By full entrenchment.

By limited entrenchment.

By order in council

. Anthony Bradley submits that despite the fact that the HRA 1998 was designed to preserve parliamentary sovereignty, it only remains unaffected as a matter of form. As a matter of substance it has been affected. Why?

The HRA 1998 Section 4 enables the courts to challenge the substance of legislation if it is held to be incompatible with convention rights.

The HRA 1998 Section 4 enables the courts to invalidate legislation that is incompatible with convention rights.

The HRA 1998 enables the courts to remove the Prime Minister.

The HRA 1998 enables the court to invalidate primary legislation.

. While some have argued that the HRA 1998 has increased tension between the judges and government, others have argued that it has led to constitutional ________ between the executive, judiciary, and the legislature.

. Which of the following statements is an accurate reflection of the decision of the ECtHR in Hirst v UK (No 2) (2004)?

It said that prisoners could not be banned from voting.

It said that all prisoners could not be banned from voting.

It said that all prisoners must be allowed to vote.

It said that rapists, terrorists and murderers must be allowed to vote.

. Following developments on the prisoner's voting rights saga, the dispute between the UK Government and the ECtHR appears to have been resolved, and this is binding on the entirety of the UK.

True

False

. Catherine Dupré argues that the key issue for fundamental rights is not their visibility through codification, but their effective __________.

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