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The European Convention Articles

Enforcing Rights in Strasbourg and by Judicial Review

  • 2 things to know
  • Paper 3

Overview

Recall questions on exhausting domestic remedies before going to Strasbourg, the binding effect and remedies of European Court of Human Rights judgments, the role of domestic courts, and judicial review of public authorities.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

What remedy may a successful claimant receive from the European Court of Human Rights?

Key term

What remedy may a successful claimant be awarded by the European Court of Human Rights?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What procedural step must an individual complete before bringing a claim to the European Court of Human Rights?

    Model answer

    They must exhaust domestic remedies first

  2. 2

    Why is the requirement to exhaust domestic remedies important before accessing the European Court of Human Rights?

    Model answer

    It gives the national legal system the opportunity to address and remedy the alleged violation before international intervention

  3. 3

    Are decisions of the European Court of Human Rights binding, and if so, on whom?

    Model answer

    Yes, they are binding on the state that is party to the case

  4. 4

    What remedy may a successful claimant receive from the European Court of Human Rights?

    Model answer

    Just satisfaction, which can include compensation

  5. 5

    Define judicial review in the context of public law.

    Model answer

    Judicial review is the process by which courts examine the lawfulness of decisions made by public bodies

  6. 6

    If a public authority makes a decision that violates an individual's Article 8 rights, what legal mechanism allows a court to examine whether that decision was lawful?

    Model answer

    Judicial review

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