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University Degree: Miscellaneous

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  1. This essay will discuss whether 'Judicial review of administrative action does little to protect the rights of the individual against the power of the state.'

    [6] Close to 100 years later Lord Derry Irvine said: It has been the massive expansion of the administrative state which more than any other factor? has prompted judges to develop the principals of judicial reviews.[7] When one remembers the words of Dicey LJ[8], it can be argued that a JR is at odds with his principle of Parliamentary Sovereignty. For example when a piece of legislation or a decision is clearly wrong or a public body has acted Ultra Vires and all other legal avenues have been exhausted[9] relief my be sought via a JR.

    • Word count: 2427

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.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • Critically analyse the law on market abuse and its enforcement by the Financial Services Authority in the context of the aim of promoting efficient, orderly and fair markets.

    "7. Conclusion: Since the market abuse regime came into force in 2001, the FSA has only brought 16 successful market abuse cases with total fines of �19.5 million.59 However, the first case was not concluded until 2004 and 'compares favourably with the 10 year period from 1987 to 1997, in which there were only 13 successful convictions relating to insider dealing.'60 The market abuse regime is an effective tool in promoting efficient, orderly and fair markets. However, the requirements and complexity of the regime, ought to be kept under review so as to ensure it does not prove to become a burden on firms. Striking the right balance between flexibility and certainty should not be underestimated."

  • What is the rule of law? Critically assess the extent to which the United Kingdom upholds the rule of law.

    "In conclusion, it can be said that the United Kingdom does uphold the rule of law, as everyone is subject to law, everyone is treated equally under the law and law regulates the government. To what extent does the UK uphold the rule of law is another matter entirely. The governments' prerogative powers, parliamentary sovereignty, the ability to derogate away from the Human Rights Act, and the lack of a separation of powers all result in the UK barely meeting the minimum standards for the rule of law. However, the fact that we have the Human Rights Act, that we have put trust into Parliament to make the correct decisions and to not abuse its power, and proposed bills such as the Governance of Britain which aims to reduce prerogative powers and make the government more accountable all indicate that the rule of law is an imperative factor, and shows that the United Kingdom appears to want to integrate the rule of law further into its constitution."

  • The Law provides adequate protection for online consumers. Discuss

    "32 The previous position was that the supplier was required to inform the consumer, prior to the conclusion of a contract for services, that he will not be able to cancel once performance of the services has begun with his agreement. 33 Who are less concerned about informing the consumer of their rights 34 DTI Consultation on proposed changes to the Consumer Protection (Distance Selling) Regulations 2000, January 2004 p.26. 35 It holds that when information is provided in good time during the performance of the services, a right to cancel exists even if the consumer agrees to performance beginning within seven working days of the contract being concluded, but the cooling off period begins when the consumer receives the information and ends seven working days later or when performance is completed (whichever is"

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