Administrative law and Human Rights
Master SBAQ sheet
Unit 1
Question 1
A solicitor is considering a potential claim against a public authority for a number of
potential breaches of human rights within the meaning of the European Convention on
Human Rights as set out in Schedule 1 of the Human Rights Act 1998.
Which of the following statements best describes the position on the absolute rights contained
in the Convention?
a) The absolute rights contained in the Convention include: the right to life; the right to
liberty and security of the person and the right to respect for private and family life.
b) The absolute rights contained in the Convention include: the right to life; the right to
freedom from torture, inhuman and degrading treatment; and the right to freedom
from slavery.
c) The absolute rights contained in the Convention include: the right to freedom from
torture, inhuman and degrading treatment; the right to liberty and security of the
person and the right to freedom of expression.
d) The absolute rights contained in the Convention include: the right to life; the right to
liberty and security of the person; and the right to freedom of expression.
e) The absolute rights contained in the Convention include: the right to life; the right to a
fair trial; and the right for respect for private and family life.
Feedback
That’s right - B is the only set of rights in the options which lists only absolute rights, i.e.
Article 2 (the right to life); Article 3 (the right to freedom from torture, inhuman and
degrading treatment) and Article 4 (the right to freedom from slavery).
The other options are all wrong as they do not encapsulate the correct set of absolute rights.
Question 2
Which one of the following combinations of rights under the European Convention on
Human Rights consists only of ‘qualified’ rights?
a) Articles 3 and 4
b) Articles 2, 5 and 6
c) Articles 6, 8, 9, 10 and 11
d) Articles 8, 9, 10 and 11
Feedback
Well done! Articles 8-11 are all qualified rights which means that the state can interfere with
them provided that the interference is prescribed by law; for a legitimate aim and necessary in
a democratic society.
Articles 3 and 4 are absolute. Article 5 is limited. Articles 2 and 6 have been variously
described as absolute and limited, but never as qualified.
Question 3
Which of the following statements is correct in relation to Article 15 of the ECHR?
, a) Under Article 15 of the ECHR, a State may derogate from part of the Convention as
long as such derogation is proportionate.
b) Under Article 15 of the ECHR, a State may derogate from certain Articles of the
Convention "in time of war or other emergency threatening the life of the nation."
c) Under Article 15 of the ECHR, a State may derogate from any of the Articles of the
Convention "in time of war or other emergency threatening the life of the nation."
d) Under Article 15 of the ECHR, a State can derogate from certain Articles of the
Convention because it is allowed "a margin of appreciation".
Feedback
That’s right. It is possible to derogate from some, but not all of the Articles of the Convention
in time of war or other emergency threatening the life of the nation.
Question 4
Which of the following statements is WRONG in relation to the European Court of Human
Rights (‘ECtHR’)?
a) The ECtHR may reinterpret the ECHR over time as it is a ‘living instrument’.
b) The Committee of Ministers of the Council of Europe is responsible for ensuring that
the judgments of the ECtHR are complied with by the signatory states.
c) The decisions of the ECtHR have direct binding force in the signatory states.
d) Cases may be brought before the ECtHR either on an inter-state basis or by individual
application.
Feedback
Well done! Decisions of the ECtHR are only binding as a matter of international law and
have no direct binding force in domestic law.
Question 5
Which ONE of the following statements is CORRECT?
a) Under section 8 of the Human Rights Act, a court must award damages to the victim
of an unlawful act.
b) Under section 8 of the Human Rights Act, a court may award damages to the victim
of an unlawful act but only if that victim has suffered physical injury or monetary
loss.
c) Under section 8 of the Human Rights Act, a court must award damages to the victim
of an unlawful act if the court is satisfied that the award is necessary to afford just
satisfaction to the victim.
d) Under section 8 of the Human Rights Act, a court may award damages to the victim
of an unlawful act if the court is satisfied that the award is necessary to afford just
satisfaction to the victim.
Feedback
Well done - Section 8 of the Human Rights Act enables a court to grant any relief or remedy
within its powers. This will include the power to award damages, but such damages may be
awarded only if necessary to afford just satisfaction to the victim of an unlawful act. An
award of damages under s 8 is discretionary.
Question 6
,The Supreme Court is a public authority for the purposes of Section 6 of the Human Rights
Act.
a) True
b) False
Feedback
Well done! This statement is true. Although s 6 does not provide a full definition of the
meaning of the term ‘public authority’, it does state that a court or tribunal will be such a
body. The Supreme Court clearly falls within this.
Question 7
Which one of the following statements is WRONG?
a) Deprivation of life will not be in breach of Article 2 if it results from the use of force
which is no more than absolutely necessary to defend any person from unlawful
violence.
b) Deprivation of life will not be in breach of Article 2 if it results from the use of force
which is no more than absolutely necessary to prevent the destruction of property of
historical, cultural or religious significance.
c) Deprivation of life will not be in breach of Article 2 if it results from the use of force
which is no more than absolutely necessary to effect a lawful arrest or prevent the
escape of a person lawfully detained.
d) Deprivation of life will not be in breach of Article 2 if it results from the use of force
which is no more than absolutely necessary to lawfully quell a riot or insurrection.
Feedback
That’s right! Article 2(2) provides that deprivation of life which results from the use of force
which is no more than absolutely necessary will not contravene Article 2 if it is for the one of
the reasons set out in A, C or D. The Article makes no reference to the destruction of property
of historical, cultural or religious significance.
Question 8
Which of the following statements is correct?
a) Article 3 imposes a qualified duty on the state not to deport a person who would face
a real risk of being subjected to treatment contrary to Article 3 in the receiving state.
b) Article 3 imposes an absolute duty on the state not to deport a person who would face
a real risk of being subjected to treatment contrary to Article 3 in the receiving state.
c) Article 3 imposes no duty on the state not to deport a person who would face a real
risk of being subjected to treatment contrary to Article 3 in the receiving state.
d) Article 3 does not apply to deportation cases if the person to be deported is a
suspected terrorist.
Feedback
Well done! There are no circumstances in which a state could deport an individual and not be
in breach of Article 3, if there is a real risk that the individual would be subjected to treatment
contrary to Article 3 in the receiving state (Chahal v United Kingdom).
Question 9
Which one of the following statements is correct?
, a) Compulsory military service amounts to forced or compulsory labour.
b) Servitude is when someone is owned by another person.
c) Work done by convicted prisoners as part of their sentence does not amount to forced
or compulsory labour.
d) An individual can be subject to forced labour even if they are not exploited.
Feedback
That’s not correct, compulsory military service is not forced labour and neither is work done
by convicted prisoners as part of their sentence. It is an essential element of forced labour that
an individual is exploited. Slavery is when someone is owned by another; servitude includes
an obligation for the serf to live on the property of another.
Question 10
The absolute rights in the ECHR are set out in Articles 2, 3 and 4.
a) True
b) False
Feedback
The statement is incorrect. Articles 2, 3 and 4 are all absolute rights, but they are not the only
absolute rights contained in the ECHR. Other absolute rights include the right to marry
(Article 12) and the right to free elections by secret ballot (Article 3 of the First Protocol).
Question 1
Standing at a bus stop, a man who is carrying a heavy rucksack is watched by armed security
officers who have been instructed that he is a terrorist about to blow up a bus. As the bus
pulls up, the security officers shout to stop the man from boarding bus but he ignores them.
The security officers shout for a second time and, when ignored again, fire shots into the man
who dies instantly. On checking the man’s body, they discover that he is wearing earphones
and his rucksack is full of University library books.
The man’s parents believe that the government has breached their son’s Article 2 ECHR right
to life. Are they able to take the government to court?
A. No, because the security officers acted reasonably in the circumstances. They
believed that he was taking a bomb onto the bus and he failed to follow two orders to
stop.
B. No, because only a person who is directly affected by the action of a public authority
may claim a breach of their human rights.
C. No, because only the Crown Prosecution Service can decide to indict on a murder
charge and are unlikely to do so since it was a matter of national security.
D. Yes, because a breach of Article 2 results in the death of the victim who cannot then
take the matter to court personally. Next of kin, the parents here, can launch a
challenge.
E. Yes, because they can write immediately to the European Court of Human Rights and
ask for prosecution of the UK government for breaching their son’s Article 2 right to
life.
Feedback
Master SBAQ sheet
Unit 1
Question 1
A solicitor is considering a potential claim against a public authority for a number of
potential breaches of human rights within the meaning of the European Convention on
Human Rights as set out in Schedule 1 of the Human Rights Act 1998.
Which of the following statements best describes the position on the absolute rights contained
in the Convention?
a) The absolute rights contained in the Convention include: the right to life; the right to
liberty and security of the person and the right to respect for private and family life.
b) The absolute rights contained in the Convention include: the right to life; the right to
freedom from torture, inhuman and degrading treatment; and the right to freedom
from slavery.
c) The absolute rights contained in the Convention include: the right to freedom from
torture, inhuman and degrading treatment; the right to liberty and security of the
person and the right to freedom of expression.
d) The absolute rights contained in the Convention include: the right to life; the right to
liberty and security of the person; and the right to freedom of expression.
e) The absolute rights contained in the Convention include: the right to life; the right to a
fair trial; and the right for respect for private and family life.
Feedback
That’s right - B is the only set of rights in the options which lists only absolute rights, i.e.
Article 2 (the right to life); Article 3 (the right to freedom from torture, inhuman and
degrading treatment) and Article 4 (the right to freedom from slavery).
The other options are all wrong as they do not encapsulate the correct set of absolute rights.
Question 2
Which one of the following combinations of rights under the European Convention on
Human Rights consists only of ‘qualified’ rights?
a) Articles 3 and 4
b) Articles 2, 5 and 6
c) Articles 6, 8, 9, 10 and 11
d) Articles 8, 9, 10 and 11
Feedback
Well done! Articles 8-11 are all qualified rights which means that the state can interfere with
them provided that the interference is prescribed by law; for a legitimate aim and necessary in
a democratic society.
Articles 3 and 4 are absolute. Article 5 is limited. Articles 2 and 6 have been variously
described as absolute and limited, but never as qualified.
Question 3
Which of the following statements is correct in relation to Article 15 of the ECHR?
, a) Under Article 15 of the ECHR, a State may derogate from part of the Convention as
long as such derogation is proportionate.
b) Under Article 15 of the ECHR, a State may derogate from certain Articles of the
Convention "in time of war or other emergency threatening the life of the nation."
c) Under Article 15 of the ECHR, a State may derogate from any of the Articles of the
Convention "in time of war or other emergency threatening the life of the nation."
d) Under Article 15 of the ECHR, a State can derogate from certain Articles of the
Convention because it is allowed "a margin of appreciation".
Feedback
That’s right. It is possible to derogate from some, but not all of the Articles of the Convention
in time of war or other emergency threatening the life of the nation.
Question 4
Which of the following statements is WRONG in relation to the European Court of Human
Rights (‘ECtHR’)?
a) The ECtHR may reinterpret the ECHR over time as it is a ‘living instrument’.
b) The Committee of Ministers of the Council of Europe is responsible for ensuring that
the judgments of the ECtHR are complied with by the signatory states.
c) The decisions of the ECtHR have direct binding force in the signatory states.
d) Cases may be brought before the ECtHR either on an inter-state basis or by individual
application.
Feedback
Well done! Decisions of the ECtHR are only binding as a matter of international law and
have no direct binding force in domestic law.
Question 5
Which ONE of the following statements is CORRECT?
a) Under section 8 of the Human Rights Act, a court must award damages to the victim
of an unlawful act.
b) Under section 8 of the Human Rights Act, a court may award damages to the victim
of an unlawful act but only if that victim has suffered physical injury or monetary
loss.
c) Under section 8 of the Human Rights Act, a court must award damages to the victim
of an unlawful act if the court is satisfied that the award is necessary to afford just
satisfaction to the victim.
d) Under section 8 of the Human Rights Act, a court may award damages to the victim
of an unlawful act if the court is satisfied that the award is necessary to afford just
satisfaction to the victim.
Feedback
Well done - Section 8 of the Human Rights Act enables a court to grant any relief or remedy
within its powers. This will include the power to award damages, but such damages may be
awarded only if necessary to afford just satisfaction to the victim of an unlawful act. An
award of damages under s 8 is discretionary.
Question 6
,The Supreme Court is a public authority for the purposes of Section 6 of the Human Rights
Act.
a) True
b) False
Feedback
Well done! This statement is true. Although s 6 does not provide a full definition of the
meaning of the term ‘public authority’, it does state that a court or tribunal will be such a
body. The Supreme Court clearly falls within this.
Question 7
Which one of the following statements is WRONG?
a) Deprivation of life will not be in breach of Article 2 if it results from the use of force
which is no more than absolutely necessary to defend any person from unlawful
violence.
b) Deprivation of life will not be in breach of Article 2 if it results from the use of force
which is no more than absolutely necessary to prevent the destruction of property of
historical, cultural or religious significance.
c) Deprivation of life will not be in breach of Article 2 if it results from the use of force
which is no more than absolutely necessary to effect a lawful arrest or prevent the
escape of a person lawfully detained.
d) Deprivation of life will not be in breach of Article 2 if it results from the use of force
which is no more than absolutely necessary to lawfully quell a riot or insurrection.
Feedback
That’s right! Article 2(2) provides that deprivation of life which results from the use of force
which is no more than absolutely necessary will not contravene Article 2 if it is for the one of
the reasons set out in A, C or D. The Article makes no reference to the destruction of property
of historical, cultural or religious significance.
Question 8
Which of the following statements is correct?
a) Article 3 imposes a qualified duty on the state not to deport a person who would face
a real risk of being subjected to treatment contrary to Article 3 in the receiving state.
b) Article 3 imposes an absolute duty on the state not to deport a person who would face
a real risk of being subjected to treatment contrary to Article 3 in the receiving state.
c) Article 3 imposes no duty on the state not to deport a person who would face a real
risk of being subjected to treatment contrary to Article 3 in the receiving state.
d) Article 3 does not apply to deportation cases if the person to be deported is a
suspected terrorist.
Feedback
Well done! There are no circumstances in which a state could deport an individual and not be
in breach of Article 3, if there is a real risk that the individual would be subjected to treatment
contrary to Article 3 in the receiving state (Chahal v United Kingdom).
Question 9
Which one of the following statements is correct?
, a) Compulsory military service amounts to forced or compulsory labour.
b) Servitude is when someone is owned by another person.
c) Work done by convicted prisoners as part of their sentence does not amount to forced
or compulsory labour.
d) An individual can be subject to forced labour even if they are not exploited.
Feedback
That’s not correct, compulsory military service is not forced labour and neither is work done
by convicted prisoners as part of their sentence. It is an essential element of forced labour that
an individual is exploited. Slavery is when someone is owned by another; servitude includes
an obligation for the serf to live on the property of another.
Question 10
The absolute rights in the ECHR are set out in Articles 2, 3 and 4.
a) True
b) False
Feedback
The statement is incorrect. Articles 2, 3 and 4 are all absolute rights, but they are not the only
absolute rights contained in the ECHR. Other absolute rights include the right to marry
(Article 12) and the right to free elections by secret ballot (Article 3 of the First Protocol).
Question 1
Standing at a bus stop, a man who is carrying a heavy rucksack is watched by armed security
officers who have been instructed that he is a terrorist about to blow up a bus. As the bus
pulls up, the security officers shout to stop the man from boarding bus but he ignores them.
The security officers shout for a second time and, when ignored again, fire shots into the man
who dies instantly. On checking the man’s body, they discover that he is wearing earphones
and his rucksack is full of University library books.
The man’s parents believe that the government has breached their son’s Article 2 ECHR right
to life. Are they able to take the government to court?
A. No, because the security officers acted reasonably in the circumstances. They
believed that he was taking a bomb onto the bus and he failed to follow two orders to
stop.
B. No, because only a person who is directly affected by the action of a public authority
may claim a breach of their human rights.
C. No, because only the Crown Prosecution Service can decide to indict on a murder
charge and are unlikely to do so since it was a matter of national security.
D. Yes, because a breach of Article 2 results in the death of the victim who cannot then
take the matter to court personally. Next of kin, the parents here, can launch a
challenge.
E. Yes, because they can write immediately to the European Court of Human Rights and
ask for prosecution of the UK government for breaching their son’s Article 2 right to
life.
Feedback
