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WalesLegal StudiesQuick questions

Human Rights Law

Quick questions on Restrictions on human rights: proportionality, derogation and enforcement - WJEC A-Level Law

4short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.

What is evaluating the effectiveness of rights protection?
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Rights protection in England and Wales has real strengths: the HRA made Convention rights enforceable at home, and the courts have used their powers in landmark cases such as the Belmarsh detention case and the Article 8 privacy cases. But there are limits: parliamentary supremacy means a section 4 declaration does not change the law, so protection depends on Parliament responding; qualified rights can be restricted; derogation is available in emergencies; and access to justice depends on funding (the LASPO 2012 cuts) and on victim standing.
What is q1?
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What does proportionality require of an interference with a qualified right? [2 marks]
What is q2?
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Can a state derogate from Article 3 in an emergency? [1 mark]
What is q3?
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Discuss how effectively human rights are protected in England and Wales. [20 marks]

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