Deck 2: The Rule of Law and Human Rights

Question 1

The rule of law asserts that law, is based upon fundamental principles which can be discovered, but which cannot be created through an act of will.

Answer 1

True

Question 2

Which of the following cases used s 3 to extend the rights of samesex partners to inherit a statutory tenancy under the Rent Act 1977 and shows how the HRA can permit lower courts to avoid previous and otherwise binding decisions of the House of Lords?

A) Mendoza v Ghaidan (2002)
B) Re S (2002)
C) R v A (2001)
D) Brown v Stott (2001)
E) R v Rezvi (2002)

Answer 2

A
Explanation:Mendoza v Ghaidan is of particular interest in the fact that it shows how the HRA can permit lower courts to avoid previous and otherwise binding decisions of the House of Lords. It also clearly shows the extent to which s 3 increases the powers of the judiciary in relation to statutory interpretation.

Question 3

Which case first set out the foundations for how the issue of supremacy and conflicts with UK domestic law should be resolved?

A) Thoburn v Sunderland City Council (2002) EWHC 195 Admin
B) Costa v ENEL (6/64)
C) Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein (C-120-78)
D) McCarthy's Ltd v Smith (1981) QB 199
E) Van Gend en Loos (26/62)

Answer 3

E
Explanation:The case of Van Gend en Loos (26/62) set out the foundations for how the issue of supremacy should be resolved. The European Court of Justice declared that the spirit of the treaty requires member states to give full effect to community laws

Question 4

Which of the following principles does the rule of law encompass?

A) The rights of individuals are determined by legal rules and not the arbitrary behaviour of authorities
B) The police and the government are the only two branches not subject to the law
C) There can be no punishment unless a court decides there has been a breach of law
D) Everyone, regardless of your position in society, is subject to the law.
E) Those higher up in society such as judges and politicians are less likely to recieve a punishment for breaking the law

Question 5

Which of the following statements did Dicey believe in, in regards to the rule of law?

A) Supremacy of ordinary law
B) Discretionary powers should be exercised in an arbitrary manner
C) Supremacy of criminal law
D) Equality before the law
E) Equality before the police

Question 6

FA von Hayek was a severe critic of the interventionist State in all its guises. His criticism was founded on two bases - what were they?

A) Equality
B) Efficiency
C) Morality
D) Justice
E) Supremacy

Question 7

Match up the following to the role that they play
-Legislature

A)The power to consider proposals for new laws and amendments to existing law
B)To administer justice through the courts and tribunals by interpreting and applying the law
C)The power to govern the country and handle the day-to-day control and running of the state
D)To undertake constitutional and representational duties and plays a part in State functions in Britain
E) Supremacy

Question 8

Match up the following to the role that they play
-Executive

A)The power to consider proposals for new laws and amendments to existing law
B)To administer justice through the courts and tribunals by interpreting and applying the law
C)The power to govern the country and handle the day-to-day control and running of the state
D)To undertake constitutional and representational duties and plays a part in State functions in Britain
E) Supremacy

Question 9

Match up the following to the role that they play
-Judiciary

A)The power to consider proposals for new laws and amendments to existing law
B)To administer justice through the courts and tribunals by interpreting and applying the law
C)The power to govern the country and handle the day-to-day control and running of the state
D)To undertake constitutional and representational duties and plays a part in State functions in Britain
E) Supremacy

Question 10

Match up the following to the role that they play
-Queen

A)The power to consider proposals for new laws and amendments to existing law
B)To administer justice through the courts and tribunals by interpreting and applying the law
C)The power to govern the country and handle the day-to-day control and running of the state
D)To undertake constitutional and representational duties and plays a part in State functions in Britain
E) Supremacy

Question 11

What are the key rules which Dicey believed underpins the doctrine of parliamentary sovereignty?

Question 12

Consider some of the key anti-terrorist measures and prominent cases in relation to human rights

Question 13

The Rule of Law, in its most basic form, is the principle that ___ is above the law

Question 14

In analysing Dicey's version of the rule of law, it can be seen that it venerated ___ equality at the expense of substantive equality

Question 15

Tension exists between the rule of law and ___

Question 16

The idea of the ___ is posited on the existence of three distinct functions of government (the legislative, executive and judicial functions) and the conviction that these functions should be kept apart in order to prevent the centralisation of too much power

Question 17

___ prevents the executive from trying to influence the judges

Question 18

In which of the following cases did the defendant in a case of alleged rape claimed that the provisions of the YJCEA 1999 were contrary to Art 6 of the ECHR to the extent that they prevented him from putting forward a full and complete defence?

A) Brown v Stott (2001)
B) O'Halloran v UK (2007)
C) Sheldrake v Director of Public Prosecutions (2004)
D) R v A (2001)
E) R v Rezvi (2002)

Question 19

Which concept allows for countries to deal with particular problems in the context of their own internal circumstances?

A) Statement of contrary
B) Declaration of incompatibility
C) Freedom of movement
D) Incompatible statement
E) Margin of appreciation

Question 20

The rule of law does not favour one type of governance and is therefore has no aversion to dictatorship and to anarchy

Question 21

Some statutory offences place a reverse burden on the defendant

Question 22

It is the job of the judiciary to uphold the rule of law

Question 23

The three organs of the state remain seperate and without any overlaps

Question 24

In the UK all laws have equal status

Question 25

The Human Rights Act can never be repealed

Question 26

In the case when a declaration of incompatibility is made, the act remains valid and must be applied by the courts in the case that a decision is being made on

Question 27

Which piece of legislation has for the first time recognised this centrality in the form of a statutory provision?

A) Criminal Justice Act 2003
B) Constitutional Reform Act 2005
C) Civil Evidence Act 1995
D) Criminal Justice and Immigration Act (CJIA) 2008
E) Serious Crime Act 2007

Question 28

Who first stated that the UK had no such thing as administrative law as distinct from the ordinary law of the land?

A) Lord Bingham
B) FA von Hayek
C) EP Thompson
D) AV Dicey
E) Lord Donaldson

Question 29

Which theorist suggested that it would be impossible in practical terms for law to consist solely of general rules?

A) AV Dicey
B) Joseph Raz
C) EP Thompson
D) FA von Hayek
E) Franz Neumann

Question 30

Who said that he law must be accessible and so far as possible intelligible, clear and predictable?

A) Lord Bingham
B) Lord Donaldson
C) Lord Woolf
D) AV Dicey
E) Joseph Raz

Question 31

Which organ of the state has the power to make legislation?

A) Legislature
B) Executive
C) Judiciary
D) Civil Service
E) Queen

Question 32

Joseph Raz was an advocate of which approach to the rule of law?

A) Contextual
B) Strict
C) Formal
D) Substantive
E) Informal

Question 33

The courts are required to use methods of ___ to render, as far as possible, UK law in line with the ECHR rights