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
The Two General Conditions for Restriction
- 3 things to know
- Paper 3
Overview
Recall questions on the conditions Article 8.2 imposes, the equivalents for expression and assembly, and the requirement common to all three.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Numbers
What would happen if a restriction on private life under Article 8 was not in accordance with the law?
Key term
If a state restricts freedom of expression but cannot identify a legitimate aim listed in Article 10.2, what would be the consequence?
Questions from this subtopic
Each one with the model answer underneath.
- 1
Under what two general conditions does Article 8.2 permit restrictions on the right to respect for private and family life?
Model answer
The restrictions must be in accordance with the law and necessary in a democratic society.
- 2
What are the two general requirements that must be satisfied for a restriction on freedom of expression to be permitted under Article 10.2?
Model answer
The restriction must be prescribed by law and necessary in a democratic society.
- 3
Article 11.2 allows restrictions on the right to freedom of peaceful assembly and association. What two conditions must such restrictions meet?
Model answer
They must be prescribed by law and necessary in a democratic society.
- 4
What common legal requirement must restrictions under Articles 8.2, 10.2 and 11.2 all satisfy regarding their basis?
Model answer
They must be in accordance with or prescribed by law.
- 5
What would happen if a restriction on private life under Article 8 was not in accordance with the law?
Model answer
The restriction would be unlawful and would violate Article 8.
- 6
Besides being lawful, what further general requirement must restrictions under Articles 8.2, 10.2 and 11.2 satisfy?
Model answer
They must be necessary in a democratic society.
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