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Human Rights in International and UK Law

  • 4 subtopics
  • 14 things to know
  • Paper 3
  • Paper 3, human rights — one of two options

What Human Rights in International and UK Law covers

The post-war origins of international human rights, the Convention's standing in the UK before 1998, and what the Human Rights Act changed.

Where it is assessed

Paper 3

Human rights, one of two options.

Check the AQA specification ↗

The 4 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

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Key term

What historical event and its aftermath provided the main impetus for developing international human rights law?

Numbers

In what year was the Universal Declaration of Human Rights adopted, and by which body?

Numbers

Which organisation drafted the European Convention on Human Rights, and when did it come into force?

Key term

What was the legal status of the European Convention on Human Rights in UK domestic law before the Human Rights Act 1998?

Key term

How did the UK government typically respond to adverse judgments from the European Court of Human Rights before 1998?

Key term

Could the ECHR influence the development of common law before 1998?

Key term

What obligation does Section 2 of the Human Rights Act 1998 impose on UK courts regarding European Court of Human Rights judgments?

Key term

Does a declaration of incompatibility under Section 4 HRA 1998 invalidate the incompatible legislation?

Key term

What special constitutional status does the Human Rights Act 1998 have in Scotland, Wales and Northern Ireland?

Key term

What criticism of human rights law relates to the transfer of power from Parliament to judges?

Key term

What criticism of human rights law concerns the role of the Strasbourg court?

Key term

What criticism of human rights law relates to the balance between individual and community interests?

Process

What did Nuremberg establish, when was the UN founded, and what is the status of the Universal Declaration?

Process

Could UK courts apply the Convention before 1998, what had claimants to do first, and when did the UK ratify it?

Take Human Rights in International and UK Law further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

  • European Convention on Human Rights vs Human Rights Act 1998

    European Convention on Human Rights: the Council of Europe treaty setting out the rights protected in member states. Human Rights Act 1998: the UK statute giving effect to those Convention rights in domestic courts.

  • Derogation vs Margin of appreciation

    Derogation: a state suspending a right in time of war or public emergency. Margin of appreciation: the latitude allowed to states in applying the Convention to their own conditions.

  • Limited right vs Qualified right

    Limited right: a right restricted only in the specific circumstances the Article itself sets out. Qualified right: a right that may be limited on broader grounds where interference is proportionate.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    What historical event and its aftermath provided the main impetus for developing international human rights law?

    Model answer

    The Second World War and its aftermath provided the historical context and impetus for the development of international human rights law.

  2. 2

    Why did the atrocities of the Second World War, including the Holocaust, lead to the creation of international human rights protections?

    Model answer

    These atrocities demonstrated the need for international protection of individual rights against state abuse, showing that domestic legal systems alone were insufficient to prevent governments from committing grave violations against their own citizens.

  3. 3

    What significant legal principle was established by the Nuremberg Trials following the Second World War?

    Model answer

    The Nuremberg Trials established that individuals could be held accountable under international law for crimes against humanity.

  4. 4

    When was the United Nations established and what were its primary purposes?

    Model answer

    The United Nations was established in 1945 as an international organisation to maintain peace and promote cooperation between states.

  5. 5

    In what year was the Universal Declaration of Human Rights adopted, and by which body?

    Model answer

    The Universal Declaration of Human Rights was adopted by the United Nations General Assembly in 1948.

  6. 6

    What is the legal status of the Universal Declaration of Human Rights?

    Model answer

    The Universal Declaration of Human Rights is not legally binding but represents a statement of aspirational principles and standards.

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Human Rights in International and UK Law revision questions

What does Human Rights in International and UK Law cover in AQA A-Level Law?
4 subtopics: the origins of international human rights, the convention in uk law before 1998, the human rights act 1998 and criticisms of human rights law. Each one has its own page with questions and model answers.
How is Human Rights in International and UK Law organised?
By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.

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