Question 1

The ECtHR may, in accordance with the Law of Treaties, find _____ terms when construing the Convention.

Accepted Answer

The answer of The ECtHR may, in accordance with the...

Question 2

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 6.

Accepted Answer

A)  The right to life. 
B)  The right not to suffer torture or inhuman and degrading treatment. 
C)  The right against slavery. 
D)  The right to liberty. 
E)  The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination. 
A)  The right to life. 
B)  The right not to suffer torture or inhuman and degrading treatment. 
C)  The right against slavery. 
D)  The right to liberty. 
E)  The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Question 3

The courts have identified each of the following as a technique that may be used to achieve a Convention-compliant interpretation - but which definition applies to which technique?

Accepted Answer

a. Translating. = The process by which i

Question 4

What arguments may be used in favour of an 'expansive' approach to interpretation under s 3 of the HRA?

Accepted Answer

To answer this question, you need to loo

Question 5

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 14.

Accepted Answer

A)  The right to life. 
B)  The right not to suffer torture or inhuman and degrading treatment. 
C)  The right against slavery. 
D)  The right to liberty. 
E)  The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination. 
A)  The right to life. 
B)  The right not to suffer torture or inhuman and degrading treatment. 
C)  The right against slavery. 
D)  The right to liberty. 
E)  The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Question 6

Under s 206 of the ____________ (three words) Act 2006, the Welsh Assembly is obliged to legislate in accordance with Convention rights.

Accepted Answer

The answer of Under s 206 of the ____________ (three...

Question 7

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 11.

Accepted Answer

A)  The right to life. 
B)  The right not to suffer torture or inhuman and degrading treatment. 
C)  The right against slavery. 
D)  The right to liberty. 
E)  The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination. 
A)  The right to life. 
B)  The right not to suffer torture or inhuman and degrading treatment. 
C)  The right against slavery. 
D)  The right to liberty. 
E)  The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Question 8

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 8.

Accepted Answer

A)  The right to life. 
B)  The right not to suffer torture or inhuman and degrading treatment. 
C)  The right against slavery. 
D)  The right to liberty. 
E)  The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination. 
A)  The right to life. 
B)  The right not to suffer torture or inhuman and degrading treatment. 
C)  The right against slavery. 
D)  The right to liberty. 
E)  The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Question 9

Which of the following statements most accurately describes the obligation expressly imposed on the courts by s 3(1) of the HRA 1998?

Accepted Answer

A)  Courts must, in so far as it is reasonable to do so, interpret legislation so as to achieve consistency with the Convention rights. 
B)  Courts must, in so far as the plain meaning of the legislation allows, interpret legislation so as to achieve consistency with the Convention rights. 
C)  Courts must, in so far as it is possible to do so, interpret legislation so as to achieve consistency with the Convention rights. 
D)  Courts must, in so far as it is necessary to do so, interpret legislation so as to achieve consistency with the Convention rights. 
A)  Courts must, in so far as it is reasonable to do so, interpret legislation so as to achieve consistency with the Convention rights. 
B)  Courts must, in so far as the plain meaning of the legislation allows, interpret legislation so as to achieve consistency with the Convention rights. 
C)  Courts must, in so far as it is possible to do so, interpret legislation so as to achieve consistency with the Convention rights. 
D)  Courts must, in so far as it is necessary to do so, interpret legislation so as to achieve consistency with the Convention rights.

Question 10

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 5.

Accepted Answer

A)  The right to life. 
B)  The right not to suffer torture or inhuman and degrading treatment. 
C)  The right against slavery. 
D)  The right to liberty. 
E)  The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination. 
A)  The right to life. 
B)  The right not to suffer torture or inhuman and degrading treatment. 
C)  The right against slavery. 
D)  The right to liberty. 
E)  The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Question 11

The term 'margin of appreciation' refers to the range of discretion or 'room for manoeuvre' that the European Court of Human Rights is willing to grant to national authorities in meeting their obligations under the ECHR. The extent of the margin permitted will depend, among other things, on the nature of the rights involved.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is not a part of the approach to incorporation of the ECHR achieved by the HRA 1998?

Accepted Answer

A)  The HRA has, by s 1, selectively incorporated parts of the ECHR into English law as 'Convention rights'. 
B)  The HRA obliges UK judges, so far as is possible, to interpret domestic legislation consistently with the Convention rights. 
C)  The HRA gives the judges the power to declare domestic legislation incompatible with Convention rights. 
D)  Where there is an incompatibility, the HRA obliges the government to introduce amending legislation within a given time period. 
A)  The HRA has, by s 1, selectively incorporated parts of the ECHR into English law as 'Convention rights'. 
B)  The HRA obliges UK judges, so far as is possible, to interpret domestic legislation consistently with the Convention rights. 
C)  The HRA gives the judges the power to declare domestic legislation incompatible with Convention rights. 
D)  Where there is an incompatibility, the HRA obliges the government to introduce amending legislation within a given time period.

Question 13

Which of these courts in Scotland has the power to issue a declaration of incompatibility (select all that apply)?

Accepted Answer

A)  The Court of Session. 
B)  The High Court of Justiciary. 
C)  The Supreme Court. 
D)  The Sheriff Courts. 
A)  The Court of Session. 
B)  The High Court of Justiciary. 
C)  The Supreme Court. 
D)  The Sheriff Courts.

Question 14

Which of these courts in England and Wales has power to issue a declaration of incompatibility (select all that apply)?

Accepted Answer

A)  The Court of Appeal. 
B)  The High Court. 
C)  The Supreme Court. 
D)  The County Court. 
E)  The magistrates court.
F) The Courts Martial Appeal Court. 
A)  The Court of Appeal. 
B)  The High Court. 
C)  The Supreme Court. 
D)  The County Court. 
E)  The magistrates court.
F) The Courts Martial Appeal Court.

Question 15

Which of the following statements accurately reflect the impact of the HRA on the doctrine of precedent (select all that apply)?

Accepted Answer

A)  The HRA has no impact on the operation of precedent. 
B)  The HRA s 3 requires the courts not to follow (so far as is possible) any authority on the meaning of a word or provision in an Act that would result in making that provision non-compliant with Convention rights. 
C)  The HRA s 5 expressly requires the superior courts (the Court of Appeal and the House of Lords) to overrule any precedent that creates a rule of law that is inconsistent with a Convention right. 
D)  The HRA s 6, by implication, requires courts to achieve consistency in respective of any substantive common law rule, that is, any rule created by precedent. 
A)  The HRA has no impact on the operation of precedent. 
B)  The HRA s 3 requires the courts not to follow (so far as is possible) any authority on the meaning of a word or provision in an Act that would result in making that provision non-compliant with Convention rights. 
C)  The HRA s 5 expressly requires the superior courts (the Court of Appeal and the House of Lords) to overrule any precedent that creates a rule of law that is inconsistent with a Convention right. 
D)  The HRA s 6, by implication, requires courts to achieve consistency in respective of any substantive common law rule, that is, any rule created by precedent.

Question 16

What is the legal effect of a declaration of incompatibility?

Accepted Answer

A)  There is no legal effect because the declaration does not affect the validity of the Act. 
B)  There is a legal effect because the declaration invalidates the Act in question. 
C)  There is a legal effect because the party bringing the action will win if the court issues a declaration of incompatibility. 
D)  There is a legal effect because the public authority defending the action will lose if the court issues a declaration of incompatibility. 
A)  There is no legal effect because the declaration does not affect the validity of the Act. 
B)  There is a legal effect because the declaration invalidates the Act in question. 
C)  There is a legal effect because the party bringing the action will win if the court issues a declaration of incompatibility. 
D)  There is a legal effect because the public authority defending the action will lose if the court issues a declaration of incompatibility.

The ECtHR may, in accordance with the Law of Treaties, find _____ terms when construing the Convention.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 6.

The courts have identified each of the following as a technique that may be used to achieve a Convention-compliant interpretation - but which definition applies to which technique?

What arguments may be used in favour of an 'expansive' approach to interpretation under s 3 of the HRA?

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 14.

Under s 206 of the ____________ (three words) Act 2006, the Welsh Assembly is obliged to legislate in accordance with Convention rights.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 11.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 8.

Which of the following statements most accurately describes the obligation expressly imposed on the courts by s 3(1) of the HRA 1998?

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 5.

Which of the following is not a part of the approach to incorporation of the ECHR achieved by the HRA 1998?

Which of these courts in Scotland has the power to issue a declaration of incompatibility (select all that apply)?

Which of these courts in England and Wales has power to issue a declaration of incompatibility (select all that apply)?

Which of the following statements accurately reflect the impact of the HRA on the doctrine of precedent (select all that apply)?

What is the legal effect of a declaration of incompatibility?

Understanding the Law

Finding the Law

Reading the Law

From Reading to Writing

Constructing the Legal Argument

The Doctrine of Judicial Precedent

How Precedent Operates: Ratio Decidendi and Obiter Dictum

Making Sense of Statutes

Bringing Rights Home: Legal Method and Convention Rights

European Legal Method

Filters

Exam 9: Interpreting Statutes

The ECtHR may, in accordance with the Law of Treaties, find _____ terms when construing the Convention.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 6.

The courts have identified each of the following as a technique that may be used to achieve a Convention-compliant interpretation - but which definition applies to which technique?

What arguments may be used in favour of an 'expansive' approach to interpretation under s 3 of the HRA?

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 14.

Under s 206 of the ____________ (three words) Act 2006, the Welsh Assembly is obliged to legislate in accordance with Convention rights.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 11.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 8.

Which of the following statements most accurately describes the obligation expressly imposed on the courts by s 3(1) of the HRA 1998?

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 5.

Which of the following is not a part of the approach to incorporation of the ECHR achieved by the HRA 1998?

Which of these courts in Scotland has the power to issue a declaration of incompatibility (select all that apply)?

Which of these courts in England and Wales has power to issue a declaration of incompatibility (select all that apply)?

Which of the following statements accurately reflect the impact of the HRA on the doctrine of precedent (select all that apply)?

What is the legal effect of a declaration of incompatibility?

Understanding the Law

Finding the Law

Reading the Law

From Reading to Writing

Constructing the Legal Argument

The Doctrine of Judicial Precedent

How Precedent Operates: Ratio Decidendi and Obiter Dictum

Making Sense of Statutes

Bringing Rights Home: Legal Method and Convention Rights

European Legal Method

Filters