Chapter 2 Self-test questions

Law, the constitution, EU membership and human rights
_____ law regulates actions between parties in agreements they have voluntarily entered or where society has placed an obligation to take reasonable care not to cause damage or to injure others.

The constitution of the UK may be found:

The UK does not posses a written constitution.

Whereas criminal cases are decided on the test of 'beyond reasonable doubt' the test applied in civil cases is on the __________ _ _________.

When interpreting the Human Rights Act 1998, the judiciary must interpret it consistently with:
i) The European Convention of Human Rights;
ii) The Court of Justice of European Union;
iii) Judgments of the Crown Court;
iv) Judgments of the European Court of Human Rights.

The case Entick v Carrington established that the State's ability to exercise a power must derive from some express authority.

In a breach of contract case, the claimant brings an action for damages against the _________.

In the event that a consistent interpretation with the Human Rights Act 1998 cannot be achieved, the judiciary may:

The doctrine of separation of powers consists of the executive, the police and the judiciary as bodies that should be kept separate to avoid instances of abuse.

The ___________ is the mechanism outlining the power of the State.

The three organs of the State that must be kept separate from the undue influence of each other does NOT include:

The constitutional principle of 'no retrospective laws' is questionable and has been breached several times in the history of the UK.

A feature of the constitution of the UK is that it is ________ as opposed to, for example, the monist system in France.

Which of the following is NOT an example of written documents that establish the constitution of the UK:

Questions relating to the European Convention on Human Rights are heard by the European Court of Justice.

As constitutional conventions are not enforceable in the same way as is the common law, it is often referred to as ___ law.

The UK's constitution may be described as being:

The Human Rights Act 1998 gives the judiciary the power to strike down (disapply) domestic legislation which contravenes the Act.

The theorist Dicey defined the ____ _ ____ as a necessary constitutional principle to ensure tyranny and abuse were avoided.

The case Entick v Carrington established the constitutional principle that:

The judiciary are obliged to interpret primary and secondary legislation, and the common law, as far as is possible, consistently with the European Convention on Human Rights.

The doctrine of _______ _______ provides that in the event of more recent legislation contradicting older legislation, the newer legislation will be held as the definitive Act.

Which of the following are features of the constitution:
i) No retrospective laws;
ii) The separation of powers;
iii) Implied repeal;
iv) The rule of law.

The case X v Y (2004) demonstrated the limitation of the vertical application of the Human Rights Act 1998.

The feature of the constitution separating the functions of the executive, legislature and judiciary is known as the ________ _ ________.

The burden of proof test to establish liability in criminal law is?

The Human Rights Act 1998 has been in force in the UK since the 2nd October 1998.

When faced with a conflict between an Act of Parliament and a provision of the Human Rights Act 1998, the judiciary may issue a __________ __ _______________.

A suspect's absolute right to silence (in s. 34(2)(d)) was removed through which Act of Parliament?

Parliament has been the supreme law making body in the UK since 1688.

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