Chapter 2

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  1. Question 1 of 8

    1. Which article of the European Convention on Human rights protects against inhumane treatment and torture ?

    • Correct. Feedback: The correct answer is (B). Article 1 protects the right to life. Article 5 protects liberty and security of the person.

    • Incorrect. Feedback: The correct answer is (B). Article 1 protects the right to life. Article 5 protects liberty and security of the person.

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  2. Question 2 of 8

    2. Which section of the Human Rights Act 1998 states that so far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with Convention rights?

    • Correct. Feedback: The correct answer is (B). The House of Lords held that s 3 applied even where there was no ambiguity, and that the court must strive to find a possible interpretation compatible with Convention rights.

    • Incorrect. Feedback: The correct answer is (B). The House of Lords held that s 3 applied even where there was no ambiguity, and that the court must strive to find a possible interpretation compatible with Convention rights.

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  3. Question 3 of 8

    3. Which two features did Dicey identify as characterising the political institutions of England.

    • Correct. Feedback: The correct answer is (B). The Rule or Supremacy of Law and the Supremacy of Parliament.

    • Incorrect. Feedback: The correct answer is (B). The Rule or Supremacy of Law and the Supremacy of Parliament.

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  4. Question 4 of 8

    4. Dicey identified two features which characterised the political institutions of England. They were: the Supremacy of Parliament and Rule or Supremacy of law.

    • Correct. Feedback: The correct answer is (True). In Professor Dicey's view these two characteristics protected us from arbitrary governmental rule.

    • Incorrect. Feedback: The correct answer is (True). In Professor Dicey's view these two characteristics protected us from arbitrary governmental rule.

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  5. Question 5 of 8

    5. The Human Rights Act 1998 was passed to give greater and further effect to the rights contained in the European Convention on Human Rights.

    • Correct. Feedback: The correct answer is (True). The HRA 1998 now works with the common law system to secure human rights.

    • Incorrect. Feedback: The correct answer is (True). The HRA 1998 now works with the common law system to secure human rights.

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  6. Question 6 of 8

    6. Article 8 provides that everyone whose Convention rights are violated shall have an effective remedy before a national authority.

    • Correct. Feedback: The correct answer is (False). It is Article 13 that everyone whose Convention rights are violated shall have an effective remedy before a national authority. Article 8 protects the rights to a private and family life, home and correspondence.

    • Incorrect. Feedback: The correct answer is (False). It is Article 13 that everyone whose Convention rights are violated shall have an effective remedy before a national authority. Article 8 protects the rights to a private and family life, home and correspondence.

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  7. Question 7 of 8

    7. Section 2 of the HRA 1998 provides that when a court is determining a question involving any Convention right, it must apply any judgment, decision, declaratory or advisory opinion of the European Court of Human Rights…, so far as it is relevant to the proceedings.

    • Correct. Feedback: The correct answer is (False). Section 2 does not insist that the courts have to apply such decisions, merely 'take them into account'.

    • Incorrect. Feedback: The correct answer is (False). Section 2 does not insist that the courts have to apply such decisions, merely 'take them into account'.

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  8. Question 8 of 8

    8. Section 4 of the HRA allows courts to declare both primary and secondary legislation incompatible with Convention rights of the European Convention.

    • Correct. Feedback: The correct answer is (True). Section 4(2) of the Act provides that if a court is satisfied that the provision of primary legislation is incompatible with a Convention right, it may make a declaration of incompatibility. Further, s 4(4) states that If a court is satisfied that the provision of secondary legislation is incompatible with a Convention right and that the primary legislation concerned prevents removal of the incompatibility it may make a declaration of incompatibility.

    • Incorrect. Feedback: The correct answer is (True). Section 4(2) of the Act provides that if a court is satisfied that the provision of primary legislation is incompatible with a Convention right, it may make a declaration of incompatibility. Further, s 4(4) states that If a court is satisfied that the provision of secondary legislation is incompatible with a Convention right and that the primary legislation concerned prevents removal of the incompatibility it may make a declaration of incompatibility.

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