Rules And Theory

Question 1

What are absolute rights?

Answer 1

Strongest rights that cannot be taken away. State cannot deviate e.g A6

Question 2

Limited rights

Answer 2

State can deviate from these rights but only in prescribed limitations layed out

Question 3

Qualified rights

Answer 3

Can be removed when prescribed by law, legitmate aim, necessary in a democracy.
Often involve balancing rights.

Question 4

Margin of appreciation

Answer 4

How much discretion given to each country. (Narrow or wide)

Question 5

Proportionality

Answer 5

Whether there is a fair balance between rights of an individual and community. Important for qualified rights. ECtHR allow for margin of appreciation and proportionality to not be seen to dictate, and represent culture and diversity of each state

Question 6

Human rights are: 4

Answer 6

Inherent (built in)
Inalienable (cannot be taken away)
Universal (applied to everyone)
Fundamental

Question 7

Human rights vs Civil Liberties

Answer 7

Human rights are universal, civil liberties are things we are free to do provided there is no law against it, they can be taken away and may be only given to certain groups

Question 8

Example of civil liberty

Answer 8

Freedom from arbitrary detention. Can be suspended in times of crisis.(Whereas human rights cannot be taken away)

Question 9

What does natural Justice mean

Answer 9

Fair decision making which means
Impartial courts
Both sides heard
Independent judge
Basically A6

Question 10

Rule of Law (5)

Answer 10

A v Dicey
No sanction without breach
Equal before law
Rights secured by independent judge

Ascertainable, certain, fair access to justice, no undue cost or delay