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
Who May Claim and How Rights Are Enforced
- 3 things to know
- Paper 3
Overview
Recall questions on who may bring a claim, what must be done first, what the Court decides and how domestic courts enforce Convention rights.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
What does the European Court of Human Rights determine in cases brought before it?
Key term
Does a declaration of incompatibility affect the validity or continuing operation of the incompatible legislation?
Questions from this subtopic
Each one with the model answer underneath.
- 1
Who may bring a claim before the European Court of Human Rights?
Model answer
Individuals, groups of individuals, or states who allege a violation of Convention rights by a contracting state.
- 2
What must an applicant do before bringing a claim to the European Court of Human Rights?
Model answer
Exhaust all domestic remedies available in their own country.
- 3
What does the European Court of Human Rights determine in cases brought before it?
Model answer
Whether a contracting state has violated the rights protected under the European Convention on Human Rights.
- 4
How do domestic courts in the UK enforce Convention rights under the Human Rights Act 1998?
Model answer
They must interpret legislation compatibly with Convention rights where possible.
- 5
Under section 4 of the Human Rights Act 1998, what may higher courts issue if legislation cannot be interpreted compatibly with Convention rights?
Model answer
A declaration of incompatibility.
- 6
Does a declaration of incompatibility affect the validity or continuing operation of the incompatible legislation?
Model answer
No, it does not affect the validity or continuing operation of the legislation and is not binding on the parties to the proceedings.
Other ways to work this
The same content, four other ways.
What is inside Levo
Six ways to work the same material.
Every question in Restrictions and Enforcement, on a schedule.
Attempt a question from memory, write the correct version, then attempt it again. Levo records the jump between your first attempt and your last, and brings each question back on the day you are due to forget it.
Or £46 a year, about £3.83 a month. Cancel anytime.