Chapter 20 Self-test questions

. The Human Rights Act 1998 was designed with the single aim of improving people's ability to enforce human rights obligations.

True

False

. 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.

. Which statement best describes the comments made by Lords Kerr and Mance in D v Commissioner of Police of the Metropolis (Liberty and others intervening) v Commissioner of Police of the Metropolis [2018] UKSC 11 on expanding rights set out in the ECHR?

Domestic courts should further socio-economic rights.

Domestic courts shouldn't expand upon rights without Parliamentary authorisation.

Domestic courts should wait for the European Court of Human Rights to rule on the expansion of Convention rights.

Domestic courts should not be afraid to expand upon the rights set out in the Convention.

. Which of the following statements about the position of s.2 of the Human Rights Act are correct? Please select all that apply.

The requirement that UK courts take account of Strasbourg caselaw does not preclude them from some decisions of the European court.

The UK courts may not extend rights at common law after the implementation of the Human Rights Act.

The UK courts can go beyond the protections afforded by the European court where doing so is a natural development from its caselaw.

The UK courts may not depart from the general thrust of Strasbourg caselaw on a matter where the European court has not yet conclusively and specifically dealt with the matter.

. Which of the following statements accurately reflect the restriction imposed on Parliament before the Human Rights Act 1998 by the court's application of the principle of legality to the exercise of statutory interpretation?

Parliament cannot legislate contrary to fundamental principles of human rights.

The courts presume that Parliament does not intend to deprive people of their rights, unless it does so expressly.

The courts will assume that Parliament does intend to deprive people of their rights, even if the intention of the statute is not clear.

. Which of the following statements about s.4 of the Human Rights Act are correct? Please select all that apply.

A declaration of incompatibility does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given.

A declaration of incompatibility makes the provision invalid and cannot be enforced afterwards.

A declaration of incompatibility does not provide a tangible remedy for claimants nor does it impose legal obligations on public authorities.

A declaration of incompatibility provides an instant remedy for claimants and is binding on public authorities.

. In R (Steinfeld and Keidan) v Secretary of State for International Development [2018] UKSC 32, the Supreme Court declined to issue a s.4 declaration of incompatibility because the government had already agreed to amend the Act in question to make it compatible.

True

False

. The Human Rights Act 1998 is said to have more than one form of legal effect. Which of the following are correct? Please select all that apply.

Diagonal effect

Vertical effect

Horizontal effect

Indirect horizontal effect

. What is a 'hybrid' public authority?

It is a private body which performs functions of a 'public nature'.

It is a public authority which performs functions of a 'private nature'.

It is a public body which makes a profit.

It is a private body which does not make a profit.

. The standing requirement under s. 6(1) is broader than it is for judicial review proceedings.

True

False

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