筛选结果 共找出24

Which TWO of the following statements in relation to the impact of the Human Rights Act 1998 on legislation are correct? 

(1) All new primary legislation must be compatible with the European Convention on Human Rights  

(2) The courts may strike out secondary legislation that is incompatible with the European Convention on Human Rights  

(3) Courts must interpret legislation in such a way that is compatible with the European Convention on Human Rights  

(4) Under the Human Rights Act 1998, courts are not required to take the decisions of the European Court of Justice when making their decisions 

A

1 and 3 

B

1 and 4 

C

 2 and 3 

D

 2 and 4 

 Obiter dicta form part of the ratio decidendi. 

A

True

B

False

 In 2010, Mr Justice Jeffries, a High Court judge sitting alone, is deciding a case which has similar material facts to one decided by the Court of Appeal in 1910. He can decline to be bound by this decision by showing that 

A

The status of the previous court cannot bind him 

B

The decision was taken too long ago to be of any relevance

C

 The decision does not accord with the rules of a statute passed in 1975 

D

 The obiter dicta are obscure 

Overruling a decision of a lower court affects the outcome of that earlier decision. 

A

True 

B

False 

 Which of the following statements in relation to legislation is correct? 

A

 Legislation may modify or replace existing statutes 

B

 Legislation may not overrule or modify existing case law 

C

 Legislation may prevent a subsequent Parliament from changing the law 

Which of the following types of legislation affects specific individuals or groups? 

A

 Enabling 

B

 Public 

C

Private 

Which rule of statutory interpretation states that words in a statute should be given their plain, ordinary meaning unless this would give rise to a manifest absurdity or inconsistency with the rest of the statute? 

A

Golden rule 

B

 Mischief rule 

C

Contextual rule 

 Which of the following is an intrinsic aid to statutory interpretation? 

A

 Hansard 

B

 The long title of the Act 

C

 Law commission reports 

Which of the following is the final appeal court for human rights issues for persons living in the UK? 

A

Supreme Court 

B

 European Court of Human Rights 

C

 European Court of Justice

 The decisions of which of the following courts is binding on the Court of Appeal?

A

 The County Court 

B

 The Crown Court 

C

 The High Court 

D

 The Court of Appeal