Restrictions and Enforcement

What Restrictions and Enforcement covers

When a qualified right may lawfully be restricted, the legitimate aims permitting it, and how a claim is enforced at Strasbourg and at home.

The 11 subtopics

Each one has its own page.

• The Common Requirements for RestrictionsRecall questions on the paragraphs permitting restriction of Articles 8, 10 and 11 and on the requirements every restriction must satisfy.Open →
• Legitimate Aims and ProportionalityRecall questions on the legitimate aims for restricting Articles 8, 10 and 11, from preventing crime and protecting health or morals to the authority of the judiciary, and on necessity, proportionality and who must justify a restriction.Open →
• Bringing a Claim to the Strasbourg CourtRecall questions on who may apply, the requirement to exhaust domestic remedies, the time limit and the Court's primary function.Open →
• Article 46, Judicial Review and Section 7 ClaimsRecall questions on section 3 interpretation, the binding force of judgments under Article 46, judicial review of public authorities with its standing, time limit, remedies and grounds, and claims by victims under section 7.Open →
• Prescribed by Law and Necessary in a DemocracyRecall questions on the provisions permitting restriction and on the necessity, legality and legitimate aim requirements every restriction must meet.Open →
• Legitimate Aims for Restricting Articles 10 and 11Recall questions on the legitimate aims for restricting freedom of expression, from national security and territorial integrity to reputation, confidential information and the judiciary, and those for restricting assembly and association.Open →
• Enforcement in Strasbourg and at HomeRecall questions on when the Strasbourg Court may be approached and who may apply, and on the role of UK courts and section 2 of the Act.Open →
• The Two General Conditions for RestrictionRecall questions on the conditions Article 8.2 imposes, the equivalents for expression and assembly, and the requirement common to all three.Open →
• Legitimate Aims across Articles 8, 10 and 11Recall questions on prevention of disorder or crime, the protection of morals and of the rights of others, and national security.Open →
• Who May Claim and How Rights Are EnforcedRecall questions on who may bring a claim, what must be done first, what the Court decides and how domestic courts enforce Convention rights.Open →
• Supervising Judgments and Judicial Review RemediesRecall questions on how the execution of Strasbourg judgments is supervised, individual and general measures, section 2 of the Human Rights Act, judicial review and its quashing, mandatory and prohibiting orders, and damages under section 8.Open →

What you need to know

Answer each one before you reveal it.

Take Restrictions and Enforcement further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

• European Court of Human Rights vs Court of Justice of the European Union

  European Court of Human Rights: international tribunal deciding alleged treaty violations. Court of Justice of the European Union: institution interpreting the law of the European Union.

• Margin of appreciation vs Proportionality

  Margin of appreciation: discretion allowed to national authorities. Proportionality: test balancing interference against a legitimate objective.

Questions from this topic

Each one with the model answer underneath.

1. 1

   Which paragraph of Article 10 allows restrictions on the right to freedom of expression?

   Model answer

   Article 10.2

2. 2

   Under which paragraph may restrictions be placed on the right to freedom of peaceful assembly and freedom of association?

   Model answer

   Article 11.2

3. 3

   What is the first common requirement that restrictions under Articles 8.2, 10.2 and 11.2 must satisfy?

   Model answer

   They must be prescribed by law

4. 4

   Besides being prescribed by law and pursuing a legitimate aim, what further requirement must restrictions under Articles 8.2, 10.2 and 11.2 meet?

   Model answer

   They must be necessary in a democratic society

5. 5

   What is the third requirement that restrictions under Articles 8.2, 10.2 and 11.2 must fulfil alongside being prescribed by law and necessary in a democratic society?

   Model answer

   They must pursue a legitimate aim

6. 6

   Name one legitimate aim for restricting Article 8 rights that relates to the security of the state.

   Model answer

   National security

What is inside Levo

Six ways to work the same material.

Restrictions and Enforcement revision questions

What does Restrictions and Enforcement cover in AQA A-Level Law?

11 subtopics: the common requirements for restrictions, legitimate aims and proportionality, bringing a claim to the strasbourg court, article 46, judicial review and section 7 claims, prescribed by law and necessary in a democracy, legitimate aims for restricting articles 10 and 11, enforcement in strasbourg and at home, the two general conditions for restriction, legitimate aims across articles 8, 10 and 11, who may claim and how rights are enforced and supervising judgments and judicial review remedies. Each one has its own page with questions and model answers.

How is Restrictions and Enforcement organised?

By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.