Master Fundamental Rights Protection in Constitutional Law (LLM)

Question 1

Which of the following is NOT a recognized source of fundamental rights protection in the UK?

Accepted Answer

The royal prerogative

Answer

The Human Rights Act 1998

Answer

The common law

Answer

The European Convention on Human Rights

Question 2

Which of the following is NOT a source of fundamental rights protection in the UK?

Accepted Answer

The Magna Carta (1215)

Answer

The Human Rights Act 1998

Answer

The European Convention on Human Rights

Answer

The Bill of Rights 1689

Question 3

Which of the following is NOT a protected fundamental right under the Human Rights Act 1998?

Accepted Answer

The right to bear arms

Answer

The right to life

Answer

The right to a fair trial

Answer

The right to freedom of religion

Question 4

According to the European Convention on Human Rights, when can fundamental rights be temporarily suspended?

Accepted Answer

Only during times of war or other public emergencies that threaten national security

Answer

Never, as derogation is always prohibited under the Convention

Question 5

The Human Rights Act 1998 incorporates which international treaty into UK law?

Accepted Answer

European Convention on Human Rights

Answer

Universal Declaration of Human Rights

Answer

International Covenant on Civil and Political Rights

Answer

International Covenant on Economic, Social and Cultural Rights

Question 6

The Privacy International v Secretary of State for Foreign and Commonwealth Affairs case established that:

Accepted Answer

The right to privacy is not absolute and can be overridden by national security concerns

Answer

The government has a duty to protect citizens from excessive surveillance

Answer

Data protection laws are incompatible with the Human Rights Act

Answer

The Internet is not a public space subject to fundamental rights

Question 7

Which of the following is **NOT** a factor considered by the courts when applying the Human Rights Act?

Accepted Answer

Government policy

Answer

The text and purpose of the Convention

Answer

The jurisprudence of the European Court of Human Rights

Answer

The common law

Question 8

Explain the principle of 'proportionality' and how it is applied to balance fundamental rights with societal interests, including the factors considered by courts.

Accepted Answer

Proportionality involves assessing whether the interference with the right is necessary, pursues a legitimate aim, and is balanced against its negative impact.

Answer

Proportionality is only applicable when fundamental rights are being violated.

Question 9

What is the primary role of courts in enforcing fundamental rights?

Accepted Answer

To interpret and apply the relevant legal provisions

Answer

To create new rights and remedies

Answer

To provide compensation for any proven violations

Answer

To prosecute individuals who violate fundamental rights

Question 10

What was the significance of the Human Rights Act 1998?

Accepted Answer

It incorporated the European Convention on Human Rights into UK domestic law

Answer

It created new fundamental rights not previously recognized in the UK

Answer

It abolished common law as a source of fundamental rights protection

Answer

It made it impossible for individuals to bring claims for violations of their fundamental rights

Question 11

Which of the following is a fundamental right guaranteed by the European Convention on Human Rights?

Accepted Answer

The right to protection against torture and inhumane or degrading treatment

Answer

The right to a free education

Answer

The right to keep and bear arms

Answer

The right to vote in national elections

Question 12

What is the purpose of the principle of subsidiarity in relation to fundamental rights protection?

Accepted Answer

To ensure that fundamental rights are protected at the most local level possible

Answer

To give national governments more power to override international human rights law

Answer

To create a hierarchy of courts responsible for enforcing fundamental rights

Answer

To abolish national courts' jurisdiction over human rights matters

Question 13

How does the concept of 'margin of appreciation' affect the enforcement of fundamental rights in the UK?

Accepted Answer

It gives the UK courts more discretion in interpreting and applying the European Convention on Human Rights

Answer

It allows the UK government to derogate from its obligations under the European Convention on Human Rights

Answer

It requires the UK courts to follow the decisions of the European Court of Human Rights in all cases

Answer

It has no impact on the enforcement of fundamental rights in the UK

Question 14

Which of the following is NOT a recognized fundamental right protected in the UK?

Accepted Answer

Right to bear arms

Answer

Right to vote

Answer

Right to fair trial

Answer

Right to life

Question 15

The Human Rights Act 1998 in the UK:

Accepted Answer

Incorporated the European Convention on Human Rights into UK law.

Answer

Abolished the common law protection of fundamental rights.

Answer

Applies only to cases involving government action.

Question 16

Which court in the UK has the ultimate authority to determine whether a law violates fundamental rights?

Accepted Answer

Supreme Court

Answer

European Court of Human Rights

Answer

High Court

Answer

Court of Appeal

Question 17

The principle of proportionality requires that any interference with a fundamental right must be:

Accepted Answer

Legitimate, necessary, and proportionate to the desired objective.

Answer

Justified by a compelling public interest.

Answer

Reasonable and fair in all circumstances.

Question 18

Which of the following is NOT a limitation on the right to freedom of expression under the European Convention on Human Rights?

Accepted Answer

Protection of national security

Answer

Protection of reputation or rights of others

Answer

Prevention of disorder or crime

Answer

Protection of public order

Question 19

The concept of 'margin of appreciation' in the context of fundamental rights:

Accepted Answer

Allows national courts and authorities to interpret and apply fundamental rights within a certain range of discretion.

Answer

Requires international tribunals to defer to national courts' interpretation of fundamental rights in all cases.

Question 20

A purpose of judicial review in the context of fundamental rights is:

Accepted Answer

To ensure that government action is lawful and does not violate fundamental rights.

Answer

To punish government officials for violating fundamental rights.

Answer

To create new fundamental rights not recognized by statute or common law.

Question 21

The right to a fair trial includes the right to:

Accepted Answer

Legal representation, an impartial tribunal, and the presumption of innocence.

Answer

A jury trial in all criminal cases.

Answer

Freedom from arrest or detention without charge.

Question 22

Which of the following is a potential challenge to the effective protection of fundamental rights?

Accepted Answer

Lack of access to legal representation or legal aid.

Answer

Independent and impartial judiciary.

Answer

Strong public support for fundamental rights.

Question 23

The protection of fundamental rights is essential because it:

Accepted Answer

Guarantees the inherent dignity and freedom of individuals.

Answer

Promotes economic growth and prosperity.

Answer

Prevents the government from becoming too powerful.