Restrictions and Enforcement | AQA A-Level Law (7162)

Restrictions and Enforcement

150 questions
11 subtopics
Paper 3: human rights, one of two options
Paper 3

When a qualified right may lawfully be restricted, the legitimate aims permitting it, and how a claim is enforced at Strasbourg and at home..

It covers the Common Requirements for Restrictions, legitimate Aims and Proportionality, bringing a Claim to the Strasbourg Court, article 46, Judicial Review and Section 7 Claims, prescribed by Law and Necessary in a Democracy, legitimate Aims for Restricting Articles 10 and 11, enforcement in Strasbourg and at Home, the Two General Conditions for Restriction, legitimate Aims across Articles 8, 10 and 11, who May Claim and How Rights Are Enforced and supervising Judgments and Judicial Review Remedies.

Sample questions from Restrictions and Enforcement

Answer each one closed book first, then open the answer.

The Common Requirements for Restrictions

What is the first common requirement that restrictions under Articles 8.2, 10.2 and 11.2 must satisfy?

Show the answer
They must be prescribed by law
Legitimate Aims and Proportionality

Name the legitimate aim under Article 10.2 that justifies restrictions aimed at preventing criminal activity or civil unrest.

Show the answer
Prevention of disorder or crime
Bringing a Claim to the Strasbourg Court

Within what time period must an application to the European Court of Human Rights be submitted after the final domestic decision?

Show the answer
Within four months of the final domestic decision, reduced from six months by Protocol 15 for decisions taken on or after 1 February 2022.
Article 46, Judicial Review and Section 7 Claims

What requirement must a claimant satisfy to bring a judicial review claim, known as standing or locus standi?

Show the answer
The claimant must have sufficient interest in the matter to which the application relates.
Prescribed by Law and Necessary in a Democracy

Which legitimate aim for restricting Article 8 rights relates to the country's financial interests?

Show the answer
Economic well-being of the country
Legitimate Aims for Restricting Articles 10 and 11

Which legitimate aim for restricting Article 10 rights concerns criminal activity and civil unrest?

Show the answer
Prevention of disorder or crime
Enforcement in Strasbourg and at Home

What must a state provide to a successful claimant after an ECtHR judgment against it?

Show the answer
The state must provide redress to the claimant.
The Two General Conditions for Restriction

Article 11.2 allows restrictions on the right to freedom of peaceful assembly and association. What two conditions must such restrictions meet?

Show the answer
They must be prescribed by law and necessary in a democratic society.

The 11 subtopics

One subtopic is one session. Work down the list.

Subtopic	What it covers	Questions
The Common Requirements for Restrictions	Recall questions on the paragraphs permitting restriction of Articles 8, 10 and 11 and on the requirements every restriction must satisfy.	8
Legitimate Aims and Proportionality	Recall questions on the legitimate aims for restricting Articles 8, 10 and 11, from preventing crime and protecting health or morals to the authority of the judiciary, and on necessity, proportionality and who must justify a restriction.	14
Bringing a Claim to the Strasbourg Court	Recall questions on who may apply, the requirement to exhaust domestic remedies, the time limit and the Court's primary function.	8
Article 46, Judicial Review and Section 7 Claims	Recall questions on section 3 interpretation, the binding force of judgments under Article 46, judicial review of public authorities with its standing, time limit, remedies and grounds, and claims by victims under section 7.	18
Prescribed by Law and Necessary in a Democracy	Recall questions on the provisions permitting restriction and on the necessity, legality and legitimate aim requirements every restriction must meet.	15
Legitimate Aims for Restricting Articles 10 and 11	Recall questions on the legitimate aims for restricting freedom of expression, from national security and territorial integrity to reputation, confidential information and the judiciary, and those for restricting assembly and association.	11
Enforcement in Strasbourg and at Home	Recall questions on when the Strasbourg Court may be approached and who may apply, and on the role of UK courts and section 2 of the Act.	20
The Two General Conditions for Restriction	Recall questions on the conditions Article 8.2 imposes, the equivalents for expression and assembly, and the requirement common to all three.	8
Legitimate Aims across Articles 8, 10 and 11	Recall questions on prevention of disorder or crime, the protection of morals and of the rights of others, and national security.	23
Who May Claim and How Rights Are Enforced	Recall questions on who may bring a claim, what must be done first, what the Court decides and how domestic courts enforce Convention rights.	8
Supervising Judgments and Judicial Review Remedies	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.	17

Restrictions and Enforcement is 150 of the 2,352 questions in the guide.Get the guide, £7

How the guide is worked

Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.

Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.

Read the full method, the return schedule and the research behind it.