Effect of Decisions on States and Claimants (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
ECtHR decisions binding status
ECtHR decisions binding status
Binding but difficult to enforce in practice
ECtHR finding of breach
ECtHR finding of breach
State breached one or more Convention rights
ECtHR power re: compensation
ECtHR power re: compensation
Can order state to pay compensation to claimant
Can ECtHR force law changes?
Can ECtHR force law changes?
No - cannot force states to change domestic laws
How ECtHR ensures compliance
How ECtHR ensures compliance
Relies on states voluntarily amending laws
ECtHR enforcement mechanisms
ECtHR enforcement mechanisms
None - no supranational police force or sanctions
Most appropriate remedy for claimants
Most appropriate remedy for claimants
Compensation award
Claimant compensation guarantee
Claimant compensation guarantee
Not guaranteed - state may refuse payment
Domestic courts enforcement power
Domestic courts enforcement power
Fully binding & enforceable with legal mechanisms
Human Rights Act 1998 key effect
Human Rights Act 1998 key effect
Incorporated Convention rights into UK domestic law