Deck 17: The Protection of Human Rights

Question 1

The European Court of Human Rights will allow an anonymous application to be heard.

Answer 1

False

Question 2

Which of the following can make a declaration of incompatibility?

A) County Court
B) High Court
C) Court of Appeal
D) Crown Court

Answer 2

B, C

Question 3

Under which circumstances will there NOT be a violation of the Article 2 Right to Life?

A) In quelling civil unrest
B) In effecting a lawful arrest
C) If loss of life is caused by reasonable self-defence
D) If loss of life is caused by armed forces

Answer 3

A

Question 4

Outline the social and political factors which led to the adoption of the European Convention on Human Rights.

Question 5

Giving case law examples, analyse the impact the ECHR had on the English Legal System prior to 1998.

Question 6

Outline the impact of the Human Rights Act 1998 on the protection of human rights in the UK.

Question 7

To what extent is the Human Rights Act a 'constitutional statute'?

Question 8

With reference to case law, how is the term 'public authority' defined for the purposes of the Human Rights Act 1998?

Question 9

Explain, with reference to case law, how the section 3 HRA interpretation principle has been invoked.

Question 10

Explain the operation of the 'doctrine of deference' with reference to key cases.

Question 11

With reference to case law, analyse the UK courts' approach to upholding the Article 2 Right to Life

Question 12

Under section 2 of the HRA, which of the following, issued by the ECHR, should a UK court take into account when making a decision?

A) Judgments
B) Decisions
C) Declarations
D) Advisory Opinions

Question 13

Which of the following is not a category of the substantive rights of the ECHR?

A) Limited
B) Absolute
C) Qualified
D) Reviewable

Question 14

If a State does not comply with a judgment of the European Court of Human Rights it can be expelled from the Council.

Question 15

Convention rights can never be used as defences.

Question 16

A UK court can strike down any piece of primary legislation which is not compatible with the articles of the ECHR.

Question 17

If a superior court finds that a statute conflicts with the articles of the ECHR it has to make a declaration of incompatibility.

Question 18

The Article 5 Right to Liberty includes the right to be informed of reasons for arrest.

Question 19

The Article 6 Right to a Fair Trial can be relied upon in relation to a defendant's fitness to plead.

Question 20

Judges are elected to the European Court of Human Rights for terms of how many years?

A) 4
B) 5
C) 6
D) 7

Question 21

In which year were individual citizens of the UK allowed to make an application to the European Court of Human Rights?

A) 1951
B) 1953
C) 1965
D) 1998

Question 22

Derogation is allowed from which ONE of the following rights?

A) Arricle 2: The Right to Life
B) Article 3: Freedom from Torture
C) Article 4: Freedom from Slavery
D) Article 5: Right to Liberty and Security of the Person

Question 23

Under which section of the Human Rights Act does the relevant minister have to make a statement concerning a Bill's compatibility with the ECHR?

A) 4
B) 10
C) 19
D) 21

Question 24

With reference to case law, analyse how Article 8 of the ECHR has influenced the development of a concept of privacy in UK law.