Restrictions (AQA A-Level Law): Flashcards

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Article 8(1): The Restrictions Under Article 8(2)
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Type of right that Article 8 is

Qualified right - can be lawfully restricted

What Article 8(1) guarantees

Right to respect for family and private life

Three requirements for any restriction

Lawful, necessary, and proportionate

First legitimate aim category under Article 8(2)

National security, public safety, or economic well-being

Second legitimate aim under Article 8(2)

Prevention of disorder or crime

Third legitimate aim under Article 8(2)

Protection of health or morals

Fourth legitimate aim under Article 8(2)

Protection of rights and freedoms of others

What LNP test stands for

Lawful, Necessary, Proportionate

3 criteria for valid Article 8(2) restriction

In accordance with law, necessary, serve legitimate aim

Key principle about exercising rights

Cannot unjustifiably infringe another person's rights

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