Chapter 3 Self-test questions

. When did The Human Rights Act come into force in the UK?

1998

1999

2000

2001

. Which of the following articles of the ECHR is not incorporated by the Human Rights Act 1998?:

Protocol 1, Article 2

Article 14

Article 12

Article 13

. Under S7 of the Human Rights Act, a person can bring a case if he/she is a victim. To be a victim, the applicant has…

To be directly affected by the act/measure complained of

To have sufficient interest in the act/measure complained of

A representative of a person who has sufficient interest

Be part of a class action

. Which of the following House of Lords (now known as the Supreme Court) judgments sets out the principles used to decide if a body is a public authority under S6 of the Human Rights Act 1998?:

R v A (No 2) [2001]

Donoghue v Poplar Housing & Regeneration Community Association & Sec State DETR [2001]

Bellinger v Bellinger [2003]

YL v Birmingham City Council and others [2007]

. S2 of the Human Rights Act 1998 states that a UK Court…

Must only apply the judgments, decisions, declarations or opinions of the European Court of Human Rights decided against the UK

Is bound by the judgments, decisions, declarations or opinions of the European Court of Human Rights

Must take into account the judgments, decisions, declarations or opinions of the European Court of Human Rights

Must only apply the judgments, decisions, declarations or opinions of the European Court of Human Rights where the meaning of applicable legislation is ambiguous

. Which case found that the domestic court had gone too far in using S3 of the Human Rights Act 1998 to reinterpret legislation so as to make it compatible with the ECHR?

R v A (No 2) [2001]

R (Anderson) v Secretary of State for the Home Department [2003]

R v Horncastle [2009]

Ghaidan v Mendoza [2004]

. Which of the following statements is false?:

Under S4, a court can invalidate a provision of legislation that is incompatible with convention rights

Under S4, if a court finds that a provision of primary legislation is incompatible with the convention rights, a Court may make a declaration of incompatibility.

Under S4, a declaration does not effect the validity of the legislation

Under S4, a court can find subordinate legislation to be void if incompatible with the convention rights unless it is inextricably linked with the primary enabling legislation

. In which of the following cases was the issue of damages as a remedy under S8 treated restrictively by the Court?:

Anufrijeva & others v. Southwark LBC & others [2004]

R v Horncastle [2009]

Donoghue v Poplar Housing & Regeneration Community Association & Sec State DETR [2001]

Re S (children: case plan) [2002]

. Which of the following statement is true?:

The proportionality test is used for all the convention rights

A measure is generally only disproportionate in exceptional cases

Proportionality is used to balance the right of the individual against the needs of the community when deciding if a measure is incompatible

Reasonableness is a similar test to proportionality

. In R (on the application of Pro Life Alliance) v BBC [2003], the House of Lords (now known as the Supreme Court) decided…

The legislation in question could be interpreted to be compatible under S3 of the Human Rights Act 1998

Damages should be paid to Pro Life Alliance

Parliament was best placed to decide on issues of public morality and so found that there was no violation of the applicant's freedom of expression

Freedom of expression was so important that there was a violation of the right in this case

Chapter 3 Self-test questions

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