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
Restrictions and Enforcement
Article 46, Judicial Review and Section 7 Claims
- 3 things to know
- Paper 3
Overview
Recall 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.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
What is the general time limit for bringing a judicial review claim?
Key term
What is illegality as a ground for judicial review?
Questions from this subtopic
Each one with the model answer underneath.
- 1
How must domestic courts approach the interpretation of legislation under section 3 of the Human Rights Act 1998?
Model answer
They must interpret legislation in a way that is compatible with Convention rights, so far as it is possible to do so.
- 2
Under which Article of the Convention are decisions of the European Court of Human Rights binding on the state concerned?
Model answer
Article 46 of the Convention.
- 3
What obligation does Article 46 impose on a state following a judgment against it?
Model answer
The state must abide by the final judgment of the European Court of Human Rights.
- 4
What may the European Court of Human Rights award to a claimant if it finds a violation?
Model answer
Just satisfaction, which can include compensation for pecuniary and non-pecuniary damage.
- 5
How does judicial review enable individuals to enforce Convention rights domestically?
Model answer
It allows individuals to challenge decisions of public authorities that allegedly breach their Convention rights under the Human Rights Act 1998.
- 6
What does section 6 of the Human Rights Act 1998 prohibit public authorities from doing?
Model answer
Acting in a way that is incompatible with a Convention right.
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