Chapter 7 Self-test questions

. The Court of Justice of the European Union determines issues relating to the interpretation or application of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950).

True correct incorrect

False correct incorrect

. The UK Government, by signing the European Convention on Human Rights, incorporated the Convention into UK law.

True correct incorrect

False correct incorrect

. Which of the following statements accurately describe the relationship between Parliamentary Sovereignty and the European Convention on Human Rights? Please select all that apply.

The European Convention on Human Rights has been incorporated by Parliament into UK law by the Human Rights Act 1998. correct incorrect

UK courts may strike down legislation which is incompatible with the European Convention on Human Rights correct incorrect

The UK courts must 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.' correct incorrect

Certain UK courts may declare that legislation is incompatible with the European Convention on Human Rights. correct incorrect

. Which of the following statements most accurately states 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. correct incorrect

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

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. correct incorrect

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

. Should a UK court be unable to interpret legislation under s.3 Human Rights Act 1998 to ensure compatibility with the European Convention on Human Rights then it may make a ___________ __ _______________.

Your response

. 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.

Your response

. 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 correct incorrect

False correct incorrect

. Which of the following statements most accurately reflects the approach to be adopted by a UK court when faced by a binding precedent under domestic law which conflicts with the European Convention on Human Rights?

All courts may ignore the binding precedent. correct incorrect

By s. 6(1) of Human Rights Act 1998 it is unlawful for a court to act incompatibly with a Convention right and so a court must ignore a conflicting binding precedent. correct incorrect

The superior courts may refuse to follow a conflicting precedent. correct incorrect

Courts lower than the House of Lords must follow a binding precedent even where it conflicts with a Convention right; any conflict may be dealt with by the House of Lords. correct incorrect

. By s.6 of the 1998 Act it is unlawful for a '______ _________' to act in a way which is incompatible with a Convention right.

Your response

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

A court or tribunal. correct incorrect

A Parochial Church Council. correct incorrect

The police. correct incorrect

Local authority. correct incorrect