Key term
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
The Human Rights Act and Categories of Rights
- 2 things to know
- Paper 3
Overview
Recall 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.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Numbers
What distinguishes a limited right under the ECHR from other categories of rights?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What is the primary function of the Human Rights Act 1998?
Model answer
It incorporates the European Convention on Human Rights into UK domestic law, allowing individuals to enforce Convention rights in UK courts.
- 2
What interpretive duty does section 3 of the Human Rights Act 1998 impose on UK courts?
Model answer
Courts must interpret legislation, so far as possible, in a way that is compatible with Convention rights.
- 3
What remedy is available under section 4 of the Human Rights Act 1998 when legislation cannot be interpreted compatibly with Convention rights?
Model answer
A court may issue a declaration of incompatibility, which does not invalidate the legislation but signals to Parliament that amendment is needed.
- 4
What obligation does section 6 of the Human Rights Act 1998 impose on public authorities?
Model answer
It is unlawful for a public authority to act in a way that is incompatible with a Convention right.
- 5
What characterises an absolute right under the ECHR?
Model answer
An absolute right permits no derogation or interference under any circumstances, such as Article 3's prohibition of torture.
- 6
What distinguishes a limited right under the ECHR from other categories of rights?
Model answer
A limited right permits restriction only in specified circumstances expressly set out in the Convention, such as Article 5.
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