Article 11(1): The Restrictions Under Article 11(2) (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Two freedoms protected by Art 11(1)
Two freedoms protected by Art 11(1)
Peaceful assembly & freedom of association
Two requirements for lawful Art 11(2) restrictions
Two requirements for lawful Art 11(2) restrictions
Prescribed by law & necessary in democratic society
Four legitimate grounds for Art 11(2) restrictions
Four legitimate grounds for Art 11(2) restrictions
National security, disorder/crime, health/morals, others' rights
Art 11(2): 'Prescribed by law' means
Art 11(2): 'Prescribed by law' means
Legal basis for restriction in domestic law
Art 11(2): 'Necessary in democratic society' requires
Art 11(2): 'Necessary in democratic society' requires
Proportionate & serves legitimate aim
Three groups subject to special Art 11(2) restrictions
Three groups subject to special Art 11(2) restrictions
Armed forces, police, state administration
Evidence needed for disorder/crime ground
Evidence needed for disorder/crime ground
Credible evidence, not speculation or generalised fears
Proportionality test considers
Proportionality test considers
Objective importance, rational connection, less intrusive options
If either Art 11(2) requirement fails
If either Art 11(2) requirement fails
Restriction is unlawful under Art 11(2)
Protection of others' rights ground needs
Protection of others' rights ground needs
Evidence of actual or likely interference with others' rights