Chapter 7 Self-test Questions

Human rights and fundamental freedoms

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?

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

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

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

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.

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?

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.

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.

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.

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.

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.

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.

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

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.

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:

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.

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

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