Gce Model Questions Vol1 2022 Civic Education Question 40

Practice objective / multiple choice question 40 from the 2022 Gce Model Questions Vol1 Civic Education examination.

Gce Model Questions Vol1 2022 Civic Education Objective / Multiple Choice Medium Difficulty
Question 40 GCE_MODEL_QUESTIONS_VOL1 • 2022 • CIVIC_EDUCATION • objective

A student is expelled from a public secondary school for posting a political opinion on social media that criticises government policy. The school cites its code of conduct which prohibits ‘any activity that brings the institution into disrepute.' The student claims a violation of the constitutional right to freedom of expression, which may be subject to reasonable restrictions in the interests of public order, health, or morals. (a) Identify the judicial test used to assess whether a restriction on freedom of expression is reasonable. (b) Apply this test to the facts and decide whether the expulsion is a permissible restriction. State the likely judicial outcome.

Answer Options

A. The reasonableness (Wednesbury) test; the expulsion would be upheld as a lawful restriction.
B. The proportionality (Oakes) test; the expulsion would be considered a permissible restriction and upheld.
Correct Answer C. The proportionality (Oakes) test; the expulsion would be deemed an unlawful restriction and would be overturned.
D. The necessity (Kaldor‑Hicks) test; the expulsion would be deemed an unlawful restriction and would be overturned.
Correct Answer
C
Correct Option:
The proportionality (Oakes) test; the expulsion would be deemed an unlawful restriction and would be overturned.

About This Question

This is Gce Model Questions Vol1 2022 Civic Education Question 40. It is one of the objective questions from the 2022 Gce Model Questions Vol1 Civic Education examination.

Difficulty level: Medium .

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