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Sources of Law

AS and A Level: Sources of Law

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407 AS and A Level Sources of Law essays

Marked by Teachers essays 6

There are four main ways, for judges to interpret Parliamentary legislation; they can use the literal rule, golden rule, mischief rule, or the purposive approach.

4 star(s)

A good answer, especially for the literal, golden and mischief rules, all of which are well illustrated with relevant cases. The purposive approach is somewhat briefer and does not have…
- Essay length: 962 words
- Submitted: 12/11/2010
- Marked by teacher: Nick Price 22/03/2012
Discuss the advantages and disadvantages of the mischief rule

3 star(s)

Two valid advantage points made but only one valid point as a disadvantage. It is good to see that each valid point is supported by a case illustration.
Rating ***…
- Essay length: 531 words
- Submitted: 31/01/2012
- Marked by teacher: Nick Price 18/03/2012
Briefly explain what is meant by the doctrine of judicial precedent.

3 star(s)

This is a generally accurate answer, which at times contains some case authority and examples in support of the basic description. It is important to just answer the set question…
- Essay length: 857 words
- Submitted: 11/08/2011
- Marked by teacher: Nick Price 14/03/2012
Common Law and Equity - its history and development

3 star(s)

Summary:
This piece (consisting of 7 short answers) is generally correct, though some of the language used could be more accurate, and the discussion on the modern use of equity…
- Essay length: 1815 words
- Submitted: 27/06/2011
- Marked by teacher: Nick Price 01/05/2013
How satisfactory is the current law of murder?

3 star(s)

Some good points made, especially on the proposed reforms. Some of the points about the the present law could be more accurately described.
Rating ***…
- Essay length: 1597 words
- Submitted: 17/01/2010
- Marked by teacher: Nick Price 18/03/2012
Judicial Precedent

3 star(s)

Summary:
Describing precedent is well covered for ratio/obiter and law reporting. The hierarchy of the courts is covered only by diagram.
Avoiding precedent has accurate description which needs to be…
- Essay length: 1180 words
- Submitted: 28/10/2008
- Marked by teacher: Nick Price 01/05/2013
How effective are domestic and international legal measures in dealing with human trafficking?
- Essay length: 2558 words
- Submitted: 02/06/2012
Discuss the extent to which the courts insist that all crimes require both an actus reus and a mens rea
- Essay length: 1003 words
- Submitted: 01/06/2012
For a behaviour or conduct to be deemed unlawful in the first instance it must first be placed in front of parliament and approved by them, without this we are unable to show any conduct has been unlawful.
- Essay length: 1251 words
- Submitted: 23/05/2012
There are a number of advantages and disadvantages for law making in the Westminster Parliament. It is the role of parliament to make laws for the country through the passing of bills between the House of Commons, House of Lords and finally the Royal As
- Essay length: 1584 words
- Submitted: 23/05/2012

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Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
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Assess the impact of the European Convention on Human Rights on UK law.

"In conclusion, the lack of a Bill of Rights, as discussed above, leaves British citizens in a very uncomfortable position. By incorporating the European Convention on Human Rights into domestic law through the Human Rights Act and not entrenching the Convention with a proper Bill of Rights, has enabled the executive to maintain the concept of parliamentary sovereignty. By doing so the executive has provided itself with several 'get-out-clauses' so that citizens rights may not be properly protected as the executive can itself remove certain rights as it sees fit. A good example of this is the situation at present where the government wishes to remove suspected terrorists right not to be detained without a fair trial. By entrenching the Convention UK citizens would have their rights protected and only through special procedures could parliament change such rights. Until this happens I do not believe that there will be a satisfactory situation within the UK, with regard to civil liberties. This essay comprehensively covers the factual areas of the implementation of the European Convention on Human Rights and also covers various opinions regarding the possible impact of the implementation of the European Convention on Human Rights on UK law and UK citizens."

"While an unwritten constitution has the merit of flexibility, this flexibility is purchased at the expense of individual rights." - Discuss

"In conclusion, while it may be argued that many of the traditional means of curbing government power and parliamentary sovereignty may seem ineffective in a flexible form of constitution like the UK, the Human Rights Act and the EC Act will likely constitute a new and powerful guarantee against an oppressive form of government where flexibility is "purchased" at the expense of individual rights. The objects to the un-entrenched British Constitution will however be practically evident only with a new constitution."

To what extent was a modern welfare state created by the liberals in 1906-14?

"In conclusion, I would say that they did not create the modern welfare state, but instead, laid strong foundations for it. It I clear, however, that without the changes that were made by these Liberals, a welfare state might never have been created. This leads me to the deduction that the Liberals partially helped to create the modern welfare state. The most important step in my opinion was stage number four. I think this, as it was the first point where the Liberals invented something completely new and different. Although step five may have been seen as more radical and may have led to more changes it would have never arisen without stage four. History Vicky Maberley LVI 27th January 2003 page 1"

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AS and A Level: Sources of Law

407 AS and A Level Sources of Law essays

There are four main ways, for judges to interpret Parliamentary legislation; they can use the literal rule, golden rule, mischief rule, or the purposive approach.

Discuss the advantages and disadvantages of the mischief rule

Briefly explain what is meant by the doctrine of judicial precedent.

Common Law and Equity - its history and development

How satisfactory is the current law of murder?

Judicial Precedent

How effective are domestic and international legal measures in dealing with human trafficking?

Discuss the extent to which the courts insist that all crimes require both an actus reus and a mens rea

For a behaviour or conduct to be deemed unlawful in the first instance it must first be placed in front of parliament and approved by them, without this we are unable to show any conduct has been unlawful.

There are a number of advantages and disadvantages for law making in the Westminster Parliament. It is the role of parliament to make laws for the country through the passing of bills between the House of Commons, House of Lords and finally the Royal As

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