Gce Model Questions Vol1 2017 Government Question 49

Practice objective / multiple choice question 49 from the 2017 Gce Model Questions Vol1 Government examination.

Gce Model Questions Vol1 2017 Government Objective / Multiple Choice Medium Difficulty
Question 49 GCE_MODEL_QUESTIONS_VOL1 • 2017 • GOVERNMENT • objective

The Supreme Court has issued a declaration that Section\,12 of the Education Act is incompatible with the European Convention on Human Rights. Under the Human Rights Act, lower courts must interpret legislation compatibly where possible. A pending appeal before the Court of Appeal involves the same provision. Explain the steps the Court of Appeal must follow in light of the Supreme Court's declaration, and state whether the Court of Appeal can issue a binding order to strike down Section\,12.

Answer Options

A. The Court of Appeal must immediately strike down Section 12; it does not need to attempt a compatible interpretation, and it can issue a binding order to nullify the provision.
Correct Answer B. The Court of Appeal must first try a compatible interpretation; if that fails it must issue its own declaration of incompatibility. It cannot strike down Section 12 because UK courts lack the power to invalidate primary legislation.
C. The Court of Appeal must first try a compatible interpretation; if that fails it must issue its own declaration of incompatibility, and it may also issue a binding order to suspend Section 12 pending Parliament's action.
D. The Court of Appeal must first try a compatible interpretation; if that fails it must refer the matter back to the Supreme Court, and it can issue a binding order to strike down Section 12.
Correct Answer
B
Correct Option:
The Court of Appeal must first try a compatible interpretation; if that fails it must issue its own declaration of incompatibility. It cannot strike down Section 12 because UK courts lack the power to invalidate primary legislation.

About This Question

This is Gce Model Questions Vol1 2017 Government Question 49. It is one of the objective questions from the 2017 Gce Model Questions Vol1 Government examination.

Difficulty level: Medium .

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