The Nature of Law and Human Rights Law

Comprehensive practice flashcards covering the nature of law, legal systems, and human rights law within the English context, including key theories, ECHR articles, and UK statutes.

Nature of Law

A system of rules and principles created and enforced by the State to regulate behaviour and maintain social order.

Rules

Guidelines or expectations that govern behavior in society; they are not always legally binding or enforced by the State.

Legal Rules

Rules enforceable by courts and sanctions, unlike other norms that rely on social approval or moral pressure.

Civil Law

The area of law that resolves disputes between individuals or organizations, usually over rights, obligations, or compensation.

Criminal Law

The area of law that deals with conduct considered harmful to society and prosecuted by the State.

Balance of Probabilities

The standard of proof used in civil law procedures where one party brings a claim against another.

Beyond Reasonable Doubt

The standard of proof in criminal law where the prosecution must prove the defendant's guilt.

Custom Law

Law that arises from long established practices that are accepted as legally binding by society.

Common Law

Law created by judges through decisions made in court cases rather than by Parliament, developed through judicial precedent.

Statute Law

Law created by Parliament through Acts of Parliament, developed through the legislative process.

Rule of Law

The principle that everyone, including the State, is subject to and accountable under the law.

Legal Certainty

An element of the rule of law meaning laws are clear, publicized, and applied consistently so people can understand their rights and duties.

Legal Positivism

The theory that law derives its authority from formal sources such as parliament, rather than from moral content.

Natural Law

The theory that law is based on inherent moral principles and that unjust laws lack true legal authority.

Pluralist Society

A society where a range of different cultures, religions, values, and beliefs coexist within the same community.

Devlin Hart Debate

A legal debate concerning whether the law should enforce shared morality (Devlin's view) or protect individual freedom unless harm is caused to others (Hart's view).

Distributive Justice

Justice concerned with the fair allocation of resources, rights, and punishments within society.

Procedural Justice

Justice that focuses on fairness in the processes used to make legal decisions.

Substantive Justice

Justice about achieving fair and morally right outcomes through the law itself.

Utilitarianism

The theory that laws should promote the greatest happiness for the greatest number of people, which may limit individual rights for societal benefit.

Social Control

The use of rules, norms, and sanctions to regulate individual and group behavior so that it conforms to societal expectations.

Left Realism

A theory that sees crime as caused by social inequality, deprivation, and relative disadvantage, often influencing community policing policies.

Right Realism

A theory that views crime as a result of individual choice and lack of discipline, leading to tougher sentencing and deterrents.

Universality

The principle that human rights apply to all individuals without discrimination, regardless of nationality, status, or background.

Inalienable Rights

Rights that cannot be taken away or surrendered, except in limited and lawful circumstances.

Margin of Appreciation

An approach where national authorities are given a degree of discretion in how they implement human rights standards based on cultural and social contexts.

Human Rights Act 1998 Section 3

Requires legislation to be interpreted in a way that is compatible with convention rights as closely as possible.

Declaration of Incompatibility

Mechanism under Section 4 of the HRA 1998 where higher courts notify Parliament that a law is inconsistent with human rights.

Article 5 ECHR

The right to liberty and security of the person, protecting against unlawful or arbitrary detention.

Article 6 ECHR

The right to a fair trial, including the right to an independent and impartial tribunal.

Article 8 ECHR

The right to respect for private and family life, home, and correspondence.

Article 10 ECHR

The right to freedom of expression, including the freedom to hold opinions and share information.

Article 11 ECHR

The right to freedom of assembly and association, including peaceful protest and trade unions.

Stop and Search

A police power under the Police and Criminal Evidence Act 1984 allowing officers to search a person with reasonable suspicion of stolen or prohibited items.

Judicial Review

The process where courts supervise the actions of public authorities to ensure they act lawfully and in accordance with human rights.

UK Bill of Rights

A proposed piece of legislation intended to replace or reform the Human Rights Act and redefine how rights are protected in the UK.