Chapter 2 – Quiz - Slapper and Kelly's The English Legal System

C2 – Q1

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.

TRUE

FALSE

Neither

None

C2 – Q2

Which of the following cases used HRA s 3 to extend the rights of same sex 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?

Mendoza v Ghaidan (2002)

Re S (2002)

R v A (2001)

Brown v Stott (2001)

R v Rezvi (2002)

None

C2 – Q3

Rechsstaat implies which of the following?

The State may enact whatever law it wishes

The State must only introduce in the interest of the state generally

The State may introduce laws that benefit particular groups

The state must introduce laws that affect people generally and not particular groups

None

C2 – Q4

Which of the following principles does the rule of law NOT encompass?

The rights of individuals are determined by legal rules and not the arbitrary behaviour of authorities

Administrative law is not governed by general legal principles.

There can be no punishment unless a court decides there has been a breach of law

Everyone, regardless of your position in society, is subject to the law.

None

C2 – Q5

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

Supremacy of ordinary law

Superiority of administrative law

Administrative discretion

Equality before the law

C2 – Q6

Hayek ‘s criticism of modern law was founded on two bases – what were they?

Equality

Efficiency

Morality

Justice

Supremacy

C2 – Q7

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?

Brown v Stott (2001)

O’Halloran v UK (2007)

Sheldrake v Director of Public Prosecutions (2004)

R v A (2001)

R v Rezvi (2002)

None

C2 – Q8

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

Statement of compatibility

Declaration of incompatibility

Margin of incompatibility

Margin of appreciation

None

C2 – Q9

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

Criminal Justice Act 2003

Constitutional Reform Act 2005

Civil Evidence Act 1995

Criminal Justice and Immigration Act (CJIA) 2008

Serious Crime Act 2007

None

10.

C2 – Q10

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

Hayek

Dicey

Raz

Neumaan

None

11.

C2 – Q11

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

AV Dicey

Joseph Raz

EP Thompson

FA von Hayek

Franz Neumann

None

12.

C2 – Q12

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

Legislature

Executive

Judiciary

Civil Service

None

13.

C2 – Q13

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

Contextual

Formal

Substantive

Informal

None

14.

C2 – Q14

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

True

False

None

15.

C2 – Q15

Statutory offences placing a reverse burden of proof on the defendant are contrary to the rule of law.

True

False

None

16.

C2 – Q16

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

True

False

None

17.

C2 – Q17

In the UK all laws have equal status

True

False

None

18.

C2 – Q18

The Human Rights Act can never be repealed

True

False

None

19.

C2 – Q19

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

True

False

None