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Enforcement of Human Rights Law

  • 3 subtopics
  • 9 things to know
  • Component 3
  • Component 3 option, sat instead of contract

What Enforcement of Human Rights Law covers

How a person actually enforces a right, at home and in Strasbourg.

Where it is assessed

Component 3

Human rights law, one of the two options for the third paper.

Check the OCR specification ↗

The 3 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

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Numbers

What must an applicant do before and when applying to the ECtHR, and why?

Numbers

What do quashing, mandatory and prohibiting orders do in judicial review?

Key term

How does the court deal with permission for judicial review on the papers?

Key term

What do the three traditional grounds for judicial review mean?

Key term

What change did the Human Rights Act 1998 bring regarding enforcement of Convention rights after it came into force in 2000?

Key term

What obligation does section 3 of the Human Rights Act place on courts when interpreting legislation?

Key term

What does the principle of proportionality require when a Convention right is interfered with?

Numbers

Within what time period must an application to the ECtHR be submitted after the final domestic decision?

Numbers

Before the Human Rights Act 1998 came into force in 2000, could individuals directly enforce Convention rights in domestic courts?

Take Enforcement of Human Rights Law further

The same content, four other ways.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    What is the legal effect of a declaration of incompatibility on the legislation in question?

    Model answer

    It does not invalidate the legislation but signals to Parliament that amendment is needed.

  2. 2

    How does section 6 HRA 1998 affect the accountability of public authorities?

    Model answer

    It makes public authorities directly accountable in domestic courts for acting incompatibly with Convention rights.

  3. 3

    Under section 8 of the Human Rights Act 1998, what may a court do where a public authority has acted incompatibly with Convention rights?

    Model answer

    Grant any relief or remedy within its powers that it considers just and appropriate, including damages where necessary to give just satisfaction.

  4. 4

    What does the principle of proportionality require when a Convention right is interfered with?

    Model answer

    Any interference with a Convention right must be proportionate to the legitimate aim pursued.

  5. 5

    Before the Human Rights Act 1998 came into force in 2000, could individuals directly enforce Convention rights in domestic courts?

    Model answer

    No, individuals could not directly enforce Convention rights in domestic courts before the HRA 1998 came into force.

  6. 6

    What was the ultimate remedy available to individuals seeking to enforce Convention rights before 2000?

    Model answer

    Individuals could petition the European Court of Human Rights in Strasbourg as the ultimate remedy.

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Enforcement of Human Rights Law revision questions

What does Enforcement of Human Rights Law cover in OCR A-Level Law?
3 subtopics: the role of the domestic courts, judicial review and the european court of human rights. Each one has its own page with questions and model answers.
How is Enforcement of Human Rights Law organised?
By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.

Every question in Enforcement of Human Rights Law, 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.

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