Which of the Following Statements Most Accurately Describes the Extent

question 18

Multiple Choice

Which of the following statements most accurately describes the extent of the UK courts' duty to consider or apply the decisions of the ECtHR?

• A) The UK courts must follow the 'constant jurisprudence' established by the ECtHR through a succession of decisions, although individual decisions of the court are not binding.
• B) The UK courts are bound to follow any decision of the ECtHR that is on point, subject only to any right to rely upon a 'margin of appreciation'.
• C) The UK courts are free to disregard the jurisprudence of the ECtHR, by virtue of the 'free-standing model of incorporation' adopted by the UK.
• D) The UK courts must 'take into account' all relevant decisions of the ECtHR in interpreting the Convention, but need not follow the court's approach.

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Definitions:

Employee-At-Will

A contractual relationship in which an employee can be dismissed by an employer for any reason not prohibited by law and without warning.

Wrongful Discharge

An employment termination made in violation of legal rights or company policy, often lacking legitimate or lawful reason.

Exceptions

Provisions that exclude or modify the general applicability of a rule, contract, or statute.

Sue

To initiate legal proceedings against another party, typically to seek redress for a grievance or enforcement of a right.