Human Right (Online LLB) EXAM PDF

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Summary

Human Right (Online LLB) EXAM...

Description

BS1308: HUMAN RIGHTS School

Aberdeen Business School

Course

LLB Online

Stage

1/2

Academic Year

2015/2016

Semester

1

Date

12th January 2016

Time (main cohort)

1000 – 1200

Time (SAA Student)

1000 – 1230

No. of Pages cover sheet)

2

(including

Instructions to Candidates Students should answer any 3 questions in 2 hours. All questions carry equal weighting.

Special Stationery (if applicable) N/A

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Candidates should answer three out of five questions. All questions carry EQUAL MARKS. 1. Article 8 of the European Convention on Human Rights 1950 protects the right to private and family life. It is one of the ‘qualified’ human rights. Describe and analyse the provision within article 8(2) that governs whether the right can be lawfully qualified. Refer to case law where relevant. 2. Environmental Health Ltd. is a company which processes material being recycled in the centre of Aberdeen. In June 2003 a discharge of tar and acid from its premises occurred and entered the river Dee, near one of the city’s water supply intake points. In July 2010 the company was informed that it was to be charged with an offence under the Clean Living (Scotland) Act 2011 asp 5. The date for trial has been set for December 2016. The Clean Living (Scotland) Act 2011 made criminal all acts of pollution and provided that those charged under the Act had to establish that they were not responsible for the relevant pollution. The presiding judge is scheduled to be Lord Trout, a notoriously radical campaigner for clean water and also an angler who had written widely condemning all incidents of pollution affecting rivers. The jury is to be selected from Aberdeen. Advise Environmental Health Ltd. of the possible human rights arguments that can be made on its behalf, with reference to relevant case law. 3. The human rights of prisoners within Scotland and the rest of the UK have been in the news in recent years. Describe the human rights cases that have arisen relating to those in prison in Scotland and the United Kingdom and discuss whether the law in the area is objectively reasonable and fair. 4. The ‘temporary sheriff’ case, Starrs v Ruxton, 2000 JC 208, is one of the most important human rights cases to have been decided in a Scottish court. Describe and analyse the case – including reference to the background to the case and its consequences. 5. Make notes upon the human rights relevance of any two of the following: (a) The Terrorism Act 2000; (b) The Supreme Court; (c) The Council of Europe. All parts carry equal weight.

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