Enforcement of Human Rights Law | OCR A-Level Law (H418)
Enforcement of Human Rights Law
- 73 questions
- 3 subtopics
- Component 3: Human rights, one of the two third-paper options
- Component 3
How a person actually enforces a right, at home and in Strasbourg..
It covers the role of the domestic courts, judicial review and the European Court of Human Rights.
Sample questions from Enforcement of Human Rights Law
Answer each one closed book first, then open the answer.
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The role of the domestic courts
Before the Human Rights Act 1998 came into force in 2000, could individuals directly enforce Convention rights in domestic courts?
Show the answer
No, individuals could not directly enforce Convention rights in domestic courts before the HRA 1998 came into force. -
The role of the domestic courts
What change did the Human Rights Act 1998 bring regarding enforcement of Convention rights after it came into force in 2000?
Show the answer
It incorporated Convention rights into domestic law, allowing individuals to bring claims directly in UK courts against public authorities for breaches of those rights. -
Judicial review
What remedy in judicial review formally states the legal position without requiring specific action?
Show the answer
A declaration, which sets out the rights of the parties or the lawfulness of conduct without compelling action. -
Judicial review
Are remedies in judicial review available as of right once grounds are established?
Show the answer
No, remedies in judicial review are discretionary. -
The European Court of Human Rights
What does it mean for an applicant to be a 'victim' for the purposes of an ECtHR application?
Show the answer
The applicant must be directly and personally affected by the act or omission complained of. -
The European Court of Human Rights
Which body supervises whether a state carries out a judgment of the European Court of Human Rights?
Show the answer
The Committee of Ministers of the Council of Europe; the state is bound to abide by the final judgment.
The 3 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| The role of the domestic courts | Recall questions on how rights were protected through the common law and statutory interpretation before 2000, and on the courts' role under sections 3, 4, 6 and 8 of the Human Rights Act 1998, declarations of incompatibility and proportionality. | 13 |
| Judicial review | Recall questions on what judicial review is, the pre-action step, standing, time limits and the permission stage, the grounds of illegality, irrationality, procedural impropriety and proportionality, natural justice, and quashing, mandatory and prohibiting orders, declarations and damages. | 35 |
| The European Court of Human Rights | Recall questions on applying to the European Court of Human Rights, from exhausting domestic remedies, time limits and victim status to the admissibility grounds, the principles of subsidiarity, proportionality, effectiveness and the margin of appreciation, the Grand Chamber, Protocol 11 and enforcing judgments. | 25 |
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.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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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.
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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.
Nearby topics
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.