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
Supervising Judgments and Judicial Review Remedies
- 3 things to know
- Paper 3
Overview
Recall 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.
What you need to know
Answer each one before you reveal it.
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Key term
Are domestic courts strictly bound by decisions of the European Court of Human Rights?
Key term
What are injunctions as a remedy in judicial review?
Questions from this subtopic
Each one with the model answer underneath.
- 1
Which body supervises the execution of judgments of the European Court of Human Rights?
Model answer
The Committee of Ministers of the Council of Europe.
- 2
What financial remedy may the European Court of Human Rights require states to pay to successful claimants?
Model answer
Just satisfaction (compensation).
- 3
What are individual measures that the European Court of Human Rights may require states to take?
Model answer
Measures to remedy the specific violation for the claimant in the particular case.
- 4
What are general measures that the European Court of Human Rights may require states to take following a judgment?
Model answer
Changing legislation or administrative practices to prevent similar violations occurring in the future.
- 5
Under section 2 of the Human Rights Act 1998, what must domestic courts do with judgments of the European Court of Human Rights?
Model answer
Take them into account when determining questions relating to Convention rights.
- 6
Are domestic courts strictly bound by decisions of the European Court of Human Rights?
Model answer
No, but they should follow clear and constant jurisprudence unless there are special circumstances.
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