Chapter 18 Multiple choice questions

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. Which category of rights 'are essential for the operation of democratic society'?

Political and civil rights correct incorrect

Economic rights correct incorrect

Social rights correct incorrect

Cultural rights correct incorrect

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. In what year was the ECHR introduced?

1953 correct incorrect

1951 correct incorrect

1957 correct incorrect

1966 correct incorrect

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. Which category of ECHR rights can never be qualified?

Absolute correct incorrect

Qualified correct incorrect

Limited correct incorrect

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. Article 15 of the ECHR sets out the circumstances in which can derogate from certain rights. True or false?

True correct incorrect

False correct incorrect

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. Which of the following expressions explains the margin of appreciation?

It permits states to decide which ECHR rights they wish to incorporate correct incorrect

It affords states a margin within which they have discretion as to the ECtHR judgments they wish to follow correct incorrect

It affords states a margin within which the ECHR rights can be interpreted and applied in a manner appropriate to the prevailing circumstances and broader context correct incorrect

It explains how states should change their domestic laws to make allowances for ECHR rights correct incorrect

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. In which year were UK citizens permitted access to the ECtHR?

1951 correct incorrect

1953 correct incorrect

1998 correct incorrect

1966 correct incorrect

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. Which of the following expressions explains the civil liberties approach to human rights protection?

Protecting citizens' rights by 'determining the rights of private persons in particular cases' – everything is lawful except acts expressly prohibited at law correct incorrect

Rights protected by a Civil Code, passed by Parliament and enforced by the government correct incorrect

Protecting citizens' rights by the government determining the rights that should (and should not) be protected by the courts correct incorrect

Everything is unlawful, unless it is supported by statutory authority correct incorrect

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. What does section 3 of the Human Rights Act 1998 set out?

The instances in which courts should make declarations of incompatibility correct incorrect

The institutions that are excluded from the scope of the Act (and therefore the duty to honour ECHR rights) correct incorrect

The interpretative duty, explaining the extent to which judges should interpret legislation in line with the ECHR correct incorrect

The extent to which the courts should follow Strasbourg jurisprudence correct incorrect

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. UK courts are bound by Strasbourg jurisprudence. True or false?

True correct incorrect

False correct incorrect

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. What does a declaration of incompatibility do?

It automatically invalidates the offending legislation correct incorrect

It notifies Parliament and the government that legislation is contrary to the ECHR correct incorrect

It gives judges the opportunity to amend a piece of legislation that is contrary to the ECHR correct incorrect

It has the effect of suspending the progress of the case in which it is made until the offending incompatibility is rectified correct incorrect