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Restrictions and Enforcement

Enforcement in Strasbourg and at Home

  • 3 things to know
  • Paper 3

Overview

Recall 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.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

Under what circumstance can the European Court of Human Rights be approached by a claimant?

Key term

What must a state provide to a successful claimant after an ECtHR judgment against it?

Key term

What does the ground of irrationality mean in judicial review?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Under what circumstance can the European Court of Human Rights be approached by a claimant?

    Model answer

    Only after domestic remedies have failed or are unavailable can the ECtHR be approached.

  2. 2

    Who may bring claims before the European Court of Human Rights alleging violations of Convention rights?

    Model answer

    Individuals, groups, or states may bring claims alleging violations by a contracting state.

  3. 3

    Which courts have the primary role in enforcing Convention rights in the UK following the Human Rights Act 1998?

    Model answer

    Domestic courts in the UK have the primary role in enforcing Convention rights.

  4. 4

    What obligation does section 2 of the Human Rights Act 1998 impose on domestic courts regarding ECtHR decisions?

    Model answer

    Domestic courts must take into account decisions of the European Court of Human Rights when determining questions relating to Convention rights.

  5. 5

    Are decisions of the European Court of Human Rights binding on states found to be in violation?

    Model answer

    Yes, ECtHR decisions are binding on the state found to be in violation under international law.

  6. 6

    Following an adverse ECtHR judgment, what immediate obligation does a state have regarding the violation itself?

    Model answer

    The state must cease the violation.

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