Chapter 7 Self-test questions

. Which principle of the European Convention on Human Rights describes the discretion and flexibility afforded to national authorities and courts to judge how human rights are to implemented?

Margin of Appreciation

Proportionality

Subsidiarity

Derogation.

. Which of the following are types of rights that can be found in the ECHR? Please select all that apply.

Absolute

Qualified

Limited

Special

. It is impossible for a national government that is a signatory to the ECHR to suspend the application of Convention Rights.

True

False

. Which of the following is NOT a question the Court considers in assessing the proportionality of an interference with individual rights.

Whether the legislative objective is sufficiently important to justify limiting a fundamental right

Whether the measures designed to meet the legislative objective are rationality connected to it;

Whether the means used to impair the right or freedom are no more than is necessary to accomplish the objective.

Whether, in the Court's view, the policy being pursued is fair, just and appropriate

. By the enactment of the Human Rights Act 1998, which of the following statements accurately describes the relationship between Parliamentary Sovereignty and the European Convention on Human Rights? Please select all that apply.

The Human Rights Act 1998 imposes no duty or obligation on the Courts in respect of the interpretation of legislation.

The Human Rights Act 1998 permits courts to strike down legislation which is incompatible with the European Convention on Human Rights.

The Human Rights Act 1998 imposes on the courts a duty to read and give effect to primary legislation and subordinate legislation in a way which is compatible with the Convention rights in 'so far as it is possible to do so.'

The Human Rights Act 1998 permits appellate courts to declare, if necessary, that legislation is incompatible with the European Convention on Human Rights.

. Which of the following statements accurately describes the approach of the UK courts to the interpretation of legislation under s.3 of Human Rights Act 1998?

The UK courts must find an ambiguity in legislation in order to be able, under s.3, to read the legislation in a way which is compatible with the Convention rights.

The UK courts cannot give an interpretation to the words used in a piece of legislation that the words will not bear.

Under s.3 of Human Rights Act 1998 the UK courts may give a linguistically strained meaning to the words used in legislation, even reading words in, to ensure compatibility with Convention rights.

The UK courts may give the words used in a piece of legislation a linguistically strained meaning but cannot read words into legislation.

. In the case of Ghaidan v Godin-Mendoza [2004] UKHL 30, the Court was unable to use s3 of the Human Rights Act 1998 to interpret the phrase 'as his or her wife or husband' to include a same sex partner.

True

False

. Which of the following are reasons for courts to be cautious about extending the scope of their duty under s3 of the Human Rights Act 1998? Please select all that apply.

To demonstrate respect for the separation of powers and parliamentary supremacy and not engaging in judicial law-making.

The recognition that s4 of the Human Rights Act 1998 exists to accommodate situations where an interpretation is not possible.

Whether relying on section 3 of the HRA would trigger a significant legal change that would have far-reaching ramifications that would normally call for public discussion and consultation.

How imminent and likely it is that Parliament will soon enact legislation that would address any issues of compliance with Convention Rights.

. Section 4 of the Human Rights Act permits UK courts to issue a declaration of ___________ to both Government and Parliament.

. Lord Neuberger, in the case of R (on the application of Nicklinson and another) v Ministry of Justice [2014] UKSC 38, highlighted several reasons why it was not appropriate to issue a declaration of incompatibility. Which of the following reasons is inaccurate? Please select all that apply.

The issue involved difficult moral and religious questions and should be approached cautiously.

The incompatibility was difficult to precisely identify and would trigger challenges about how best to amend the relevant Act.

The issue was due to be debated in the House of Lords and thus was under active Parliamentary scrutiny.

The issue in the case did not engage a relevant Convention right and thus no question of incompatibility arose.

. In R (on the application of F) and Thompson (FC) v Secretary of State for the Home Department, the Supreme Court declared that s82 of the Sexual Offence Act 2003 was incompatible because it disproportionately interfered with Article 8 of the European Convention on Human Rights.

True

False

. When a bill has been introduced into Parliament, before its second reading a _________ __ _____________ must be made in writing by the minister in charge of the bill.

. When legislation has been declared incompatible with a Convention right under the ECHR, a Minister has the power to take remedial action to pass a new Act of Parliament to remedy the incompatibility.

True

False

. In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Court confirmed that a public authority can comply with the HRA by disregarding a provision of subordinate legislation that was in a breach of a Convention right.

True

False

. Judgments of the European Court of Human Rights are not binding on the UK courts and therefore need not be considered by such courts.

True

False

. Lord Bingham's declaration that 'the duty of national courts is to keep pace with Strasbourg jurisprudence as it evolves over time; no more, but certainly no less' is often referred to as the mirror principle.

True

False

. Lord Bingham's declaration that 'the duty of national courts is to keep pace with Strasbourg jurisprudence as it evolves over time; no more, but certainly no less' is often referred to as:

The Mirror Principle

The principle of horizontal effect

The principle of proportionality

The principle of vertical effect.

. It is likely that national courts will follow the jurisprudence of the European Court of Human Rights when there is a line of decisions that are clear and ______.

. The ________ effect of the Human Rights Act refers to the duty placed on the courts as a public authority not to act inconsistently with human rights.

. Which of the following may be considered, in whole or part, to be public authorities? Please select all that apply.

A Court or Tribunal.

A Parochial Church Council.

The Police.

Local Authority.

. In Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank [2004] 1 AC 546, Lord Nicholls highlight several factors that would be considered in determining whether a function was of a public nature. Which of the following factors did he indicate? Please select all that apply

The role and responsibility of the State in relation to the matter in question.

The extent to which the performance of the function is paid for by the State.

A consideration of the nature and extent of any statutory duty or power with respect to the function.

The extent to which the performance of the function is regulation, supervised and inspected by the State.

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