Process
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Human Rights: Rules and Theory
- 8 subtopics
- 24 things to know
- Paper 3
- Paper 3, human rights — one of two options
What Human Rights: Rules and Theory covers
What separates a right from a liberty, the duties rights impose, and the scope of the rights the Convention guarantees.
The 8 subtopics
Each one has its own page.
- Article 2 and Article 5: Life and LibertyRecall questions on the right to life in Article 2.1 and its exceptions in Article 2.2, and on the right to liberty in Article 5.1, the grounds for lawful detention and the safeguards in Articles 5.3 to 5.5.Open →
- Article 11 and the Conditions for RestrictionRecall questions on what Article 11.1 protects, its treatment of trade unions, and the conditions under which those rights may be restricted.Open →
- Rights, Liberties and Correlative DutiesRecall questions on how a right is defined, the obligation it places on the state, what a liberty is and how rights and duties correspond.Open →
- The Scope of Fundamental Human RightsRecall questions on what the scope covers, the events that prompted the international framework and the founding of the United Nations.Open →
- Article 2 Exceptions and the Article 5 GuaranteeRecall questions on when Article 2 permits lethal force in defence, arrest and riot, and on the protection Article 5 provides.Open →
- Interfering with Article 8 RightsRecall questions on how Article 8 protects private life, family life, the home and correspondence, and on when interference is justified: in accordance with the law, pursuing a legitimate aim and necessary in a democratic society.Open →
- Article 10: Freedom of Expression and Its LimitsRecall questions on the freedoms Article 10 protects to hold opinions and to receive and impart information, and the conditions for restricting them: prescribed by law, a legitimate aim and necessity in a democratic society.Open →
- The Human Rights Act and Categories of RightsRecall questions on the Human Rights Act 1998 and its sections 3, 4 and 6, absolute, limited and qualified rights, proportionality and the margin of appreciation.Open →
What you need to know
Answer each one before you reveal it.
Your recallNot started
Numbers
What does Article 2.1 of the ECHR establish, and what obligation does it place on states?
Key term
What remedy does Article 5.4 provide to a person deprived of liberty?
Key term
What does Article 11.1 provide regarding association with others?
Key term
What is meant by the requirement of a 'legitimate aim' when restricting qualified rights?
Key term
When may protection of health or morals justify restricting a qualified right?
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What does it mean to have a liberty or freedom in legal terms?
Key term
What distinguishes a claim-right from a mere liberty in terms of enforcement?
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How do positive rights differ from liberties in what they require from others?
Process
What does the scope of fundamental human rights refer to?
Key term
What historical event provided the impetus for the development of international human rights law?
Key term
What is the purpose of the Universal Declaration of Human Rights?
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Under Article 2 ECHR, when may deprivation of life be permitted in defence against unlawful violence?
Key term
Under Article 5 ECHR, when is detention after conviction permitted?
Key term
What procedural safeguard under Article 5 ECHR relates to being informed of reasons for arrest?
Key term
What does 'in accordance with the law' mean as a requirement for interfering with Article 8 rights?
Numbers
How does public safety serve as a legitimate aim under Article 8(2)?
Key term
How does protection of the rights of others serve as a legitimate aim under Article 8(2)?
Key term
What specific associational right does Article 11 ECHR expressly mention?
Process
What does 'prescribed by law' mean as a requirement for restricting Article 10 rights?
Key term
What is required by 'legitimate aim' for restrictions on freedom of expression under Article 10?
Process
What does 'necessary in a democratic society' require for restrictions on Article 10 rights?
Key term
What interpretive duty does section 3 of the Human Rights Act 1998 impose on UK courts?
Numbers
What distinguishes a limited right under the ECHR from other categories of rights?
Take Human Rights: Rules and Theory further
The same content, four other ways.
Commonly confused
Pairs that lose marks when they are blurred together.
Universalism vs Cultural relativism
Universalism: protections apply to every person regardless of culture. Cultural relativism: protections are interpreted through social and cultural context.
Moral right vs Legal right
Moral right: claim justified by ethical principle. Legal right: claim recognised and enforceable through law.
Questions from this topic
Each one with the model answer underneath.
- 1
What does Article 2.1 of the ECHR establish, and what obligation does it place on states?
Model answer
Article 2.1 establishes the right to life and requires states to protect this right by law.
- 2
Under Article 2.2 of the ECHR, when is the use of force justified in defence of a person?
Model answer
When force is absolutely necessary in defence of any person from unlawful violence.
- 3
What exception to the right to life does Article 2.2 provide regarding arrest and detention?
Model answer
Force is justified where absolutely necessary to effect a lawful arrest or to prevent the escape of a person lawfully detained.
- 4
Under Article 2.2, when may lethal force be justified in relation to public disorder?
Model answer
When force is absolutely necessary to quell a riot or insurrection.
- 5
What right does Article 5.1 of the ECHR establish?
Model answer
The right to liberty and security of person, meaning no one shall be deprived of liberty except in specified cases and in accordance with a procedure prescribed by law.
- 6
What ground for lawful detention is provided by Article 5.1(a) of the ECHR?
Model answer
Lawful detention after conviction by a competent court.
What is inside Levo
Six ways to work the same material.
Human Rights: Rules and Theory revision questions
- What does Human Rights: Rules and Theory cover in AQA A-Level Law?
- 8 subtopics: article 2 and article 5: life and liberty, article 11 and the conditions for restriction, rights, liberties and correlative duties, the scope of fundamental human rights, article 2 exceptions and the article 5 guarantee, interfering with article 8 rights, article 10: freedom of expression and its limits and the human rights act and categories of rights. Each one has its own page with questions and model answers.
- How is Human Rights: Rules and Theory organised?
- By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.
Every question in Human Rights: Rules and Theory, on a schedule.
Attempt a question from memory, write the correct version, then attempt it again. Levo records the jump between your first attempt and your last, and brings each question back on the day you are due to forget it.
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