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
Reform of Human Rights Law
A British Bill of Rights
- 4 things to know
- Paper 3
Overview
Recall questions on the focus of the reform debate, the principal proposal, the arguments driving it and the concern about judicial activism.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
What cultural argument is made in favour of replacing the Human Rights Act?
Key term
Name one specific reform proposal regarding the scope of Convention rights in domestic law.
Process
What is the principal reform proposal, and what arguments and concerns surround it?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What is the focus of reform debates concerning human rights protection in the UK?
Model answer
Proposals and debates about changing how human rights are protected in the United Kingdom, including potential replacement or amendment of existing frameworks.
- 2
What major reform proposal has been debated regarding the Human Rights Act 1998?
Model answer
Replacing the Human Rights Act 1998 with a British Bill of Rights.
- 3
What are the key arguments driving the debate over a British Bill of Rights?
Model answer
Arguments focus on parliamentary sovereignty and the relationship with the European Court of Human Rights.
- 4
What concern about judicial activism is raised in arguments favouring human rights reform?
Model answer
That unelected judges interpreting rights creates a democratic deficit and that judicial activism undermines parliamentary sovereignty.
- 5
What cultural argument is made in favour of replacing the Human Rights Act?
Model answer
The desire for rights to reflect specifically British values and traditions rather than those derived from European jurisprudence.
- 6
What is the risk to fundamental protections cited by opponents of Human Rights Act reform?
Model answer
That repealing or reforming the Act could weaken fundamental human rights protections currently available to individuals.
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