Chapter 24

Instructions

Choose your answers from a-d by clicking the radio button next to each choice and then press 'Submit' to get your score.

Question 1

The British judiciary is competent to review the actions of central government in which one of the following circumstances?

a) They can review the constitutionality of statutes

b) They can review whether ministers have statutory authority for their actions

c) They can review the exercise of royal prerogative powers

d) They can review treaties which the British government has agreed with foreign powers

Question 2

The decision in the case of Pepper vs. Hart (1992) was significant for which one of the following reasons?

a) It allowed judges to refer the parliamentary debates when reaching a decision

b) It allowed judges to declare strike action illegal

c) It provided judges with privileged access to government papers to allow them to reach a decision

d) It permitted judges to subpoena government ministers

Question 3

Professor John Griffith argues that...

a) ...the British judiciary are reluctant to overturn the decisions of elected politicians.

b) ...the British judiciary's aggressive judicial activism undermines public faith in the justice system.

c) ...the British judiciary are biased towards the interests of private property.

d) ...the British judiciary fail to protect civil liberties because they fear being portrayed as 'soft on crime' by politicians and the media.

Question 4

The 2005 Constitutional Reform Act was responsible for which of the following?

a) It established a commission which will make recommendations on judicial appointments in Britain

b) It revised the Human Rights Act 1998 to curb the emerging 'compensation culture'

c) It revoked the Northern Ireland (Emergency Provisions) Act permitting the trial of those accused of terrorism in Northern Ireland by a single judge

d) It established clear criteria establishing in what circumstances judicial activism is permissible

Question 5

The judgment in the Factortame case was significant because it...

a) ...restored the office of Lord Chancellor, against the government's wishes.

b) ...provided the basis for cases to be brought against the government for breaches of the Bill of Rights of 1689.

c) ...allowed the courts to suspend provisions in Act of Parliament which are contrary to the provisions of European law.

d) ...established that the provisions of common law can take priority over the provisions of statute law.

Question 6

Which of the following best completes the following sentence?
"Human and civil rights in Britain have traditionally been protected by..."

a) ...statute law.

b) ...negative view of freedom.

c) ...constitutional conventions.

d) ...institutions like the Joint Committee on Human Rights.

Question 7

Which one of the following statements accurately identifies a provision of the 1998 Human Rights Act?

a) The European Court of Justice can now overturn Acts of Parliament which are incompatible with the European Convention of Human Rights

b) The British Courts can now refer Acts of Parliament which are incompatible with the European Court of Human Rights to the European Courts

c) The British Courts can now overturn Acts of Parliament which are incompatible with the European Convention of Human Rights

d) The British Courts can now overturn legislation of the Scottish Parliament and Welsh Assembly which is incompatible with the European Convention of Human Rights

Question 8

Why did the government exempt itself from the Human Rights Act in 2001?

a) So that it could overturn the decision of the House of Lords on the extradition of General Pinochet

b) So that it could overturn the decision to release Jon Venables and Robert Thompson

c) So that it could close a loophole which allowed drivers caught on speed cameras to escape prosecution

d) So that it could detain terrorist suspects without trial and deport terrorist suspects from the UK

Question 9

Which of the following helps to limit political control of the judiciary?

a) The scrutiny of the Parliamentary Joint Committee on Human Rights

b) The need for both Houses of Parliament to support removal of a judge

c) A system of appointment, payment and removal which involves the oversight of the European Court of Justice

d) A system of professional self-regulation of the judiciary involving the Law Society

Question 10

What is the significance of the principle of sub judice?

a) It establishes a clear hierarchy of courts which deal with civil and criminal cases

b) It allows delegated legislation to be scrutinised by the courts

c) It prevents public comment upon a case being considered by the courts

d) It specifies the procedures for judicial review of ministerial actions

Oxford University Press, Online Resource Centre, Chapter 24.

Chapter 24

Instructions

Question 1

Question 2

Question 3

Question 4

Question 5

Question 6

Question 7

Question 8

Question 9

Question 10