Chapter 21 Self-test questions

. In the Denbigh High School case, what were the advantages of claiming a violation of the Human Rights Act over making judicial review claim? Please select all that apply.

It would have been difficult to prove that the school's decision was Wednesbury unreasonable.

The claimant would be unable to argue that the school had not taken account of her right to religious freedom under Article 9 of the Convention.

The focus would have been on the decision-making process of the school rather than the claimant's belief that she was prevented from dressing in accordance with her religious beliefs.

. Why did the majority in the House of Lords overturn the judgement of the Court of Appeal in the Denbigh High School case and find that the school's uniform policy did not infringe Begum's right under Article 9 of the Convention? Please select all that apply.

Begum had not been unlawfully excluded from school since she could have attended school by wearing the appropriate uniform.

Even if Begum had been unlawfully excluded by the school, there was no breach of Article 9(1) of the Convention.

Even if there had been an infringement of Begum's right under Article 9(1), this limitation was justified under Article 9(2).

. What were the three major consequences for the United Kingdom of the European Court of Human Right's decision in Chahal v UK? Please select all that apply.

A new procedure had to be introduced that would enable people to challenge decisions to deport made on grounds of national security, but which would not enable the release of confidential information.

It led to the establishment of the Special Immigration Appeals Commission (SIAC).

The Home Secretary was fired.

It has made the deportation of an individual to a country where they could be subject to treatment contrary to Article 3 impossible.

. In A v Secretary of State for the Home Department [2004] UKHL 56 the majority agreed with Lord Hoffmann's position on the question of whether there was a public emergency that threatened the life of the nation.

True

False

. What does Mary Arden argue is the significance of the Belmarsh case?

It is a landmark decision that demonstrates what it means to live in a society where the executive is subject to the rule of law.

It is a landmark decision that demonstrated the weakness of the Human Rights Act 1998.

It is a landmark decision that demonstrated the importance of Parliamentary sovereignty.

It is a landmark decision that demonstrated the importance of the separation of powers.

. The decision of the House of Lords in Belmarsh rendered s23 of the 2001 Act invalid. However, the 9 individuals remained in detention since the Home Secretary believed that their detention was in the interest of national security unless Parliament decided otherwise.

True

False

. Why did the majority in the House of Lords find in Secretary of State for the Home Department v JJ [2007] UKHL 45 that the concerned non-derogating control order meant that the person's life was wholly regulated by the Home Office was contrary to Article 5.? Please select all that apply.

The controlled persons were essentially in solitary confinement for indefinite durations.

The controlled persons had limited contact with the outside world.

The controlled persons could have their flats be entered and searched by the authorities at any time.

The fact that they remained within a one-bedroom flat is unsatisfactory due to the small size of the space.

. The majority in A, D and C v Secretary of State for the Home Department [2005] UKHL 71 held that the Special Immigration Appeals Commission (SIAC) cannot admit evidence in cases where there are doubts as to whether the evidence has been obtained by torture.

True

False

. In Secretary of State for the Home Department v AF and anor [2009] UKHL 28 it was held that there cannot be a fair trial unless the controlee is provided with detailed information about the allegations against him and the sources of the evidence forming the basis of the allegations.

True

False

. What was the reason for the UK's initial refusal to abide by the ruling of the European court in Hirst v UK? Please select all that apply.

The Strasbourg court was wrong to hold that no prisoner could be denied the right to vote since many in the UK believed that prisoners have lost the moral authority to vote.

It was believed that the decision should fall within the margin of appreciation afforded to each member state.

It was believed that these are matters better decided by Parliament than courts due to its democratic pedigree.

Quiz Content