University Degree: Public Law

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211 University Degree Public Law essays

  • Marked by Teachers essays 10
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  1. Marked by a teacher

    Parliamentary Supremacy - the question of whether membership of the EU has diminished the doctrine of Parliamentary supremacy, will be explored, with reference to legal authorities and academic opinion.

    4 star(s)

    An average essay on parliamentary sovereignty.

    The student may have wished to have included the fact that external bodies make UK law: see e.g. MacMahon v DES [1983] (EEC…

    • Essay length: 1976 words
    • Submitted: 08/05/2012
    • Marked by teacher: (?) Edward Smith 05/09/2013
  2. Marked by a teacher

    Parliamentary sovereignty. " Step, by step, gradually but surely, the English principle of the absolute sovereignty of Parliament which Dicey derived from Coke and Blackstone is being Qualified. (R(Jackson and others) v Attorney General . Discuss

    4 star(s)

    A good essay, addressing the issues related to the EC and HR. The Scotland Act 1998 might also have been mentioned.

    Reference could also have been made to the…

    • Essay length: 2227 words
    • Submitted: 09/12/2011
    • Marked by teacher: (?) Edward Smith 05/09/2013
  3. Marked by a teacher

    Rule of Law

    4 star(s)

    This is a good descriptive account of Lord Bingham's speech, which selects the most salient points for each of the eight sub-rules.

    A different approach would have been required…

    • Essay length: 1151 words
    • Submitted: 19/05/2011
    • Marked by teacher: (?) Edward Smith 05/09/2013
  4. Marked by a teacher
  5. Marked by a teacher

    Role of The Ombudsman

    4 star(s)

    A comprehensive, all-encompassing essay.

    4 Stars.…

    • Essay length: 3009 words
    • Submitted: 05/10/2009
    • Marked by teacher: (?) Edward Smith 05/09/2013
  6. Marked by a teacher

    Discuss the relevance of the concept of the rule of law to current constitutional arrangements in the UK

    4 star(s)

    A very well structured essay. The points are thought out carefully. A greater emphasis on current examples would improve the grade.

    4 Stars.…

    • Essay length: 2686 words
    • Submitted: 07/03/2008
    • Marked by teacher: (?) Edward Smith 06/09/2013
  7. Marked by a teacher

    EVALUATE THE EXTENT TO WHICH CONSTITUTIONAL CONVENTIONS ARE ABLE TO PROVIDE ANY EFFECTIVE PROTECTION AGAINST THE EXCESSES OF EXECUTIVE POWER

    4 star(s)

    A well written, ambitious essay.

    It is quite long and the quotes would not work in examination conditions.

    The student may have wished to have broken down individual…

    • Essay length: 2653 words
    • Submitted: 20/06/2006
    • Marked by teacher: (?) Edward Smith 17/06/2012
  8. Marked by a teacher

    To what extent (if at all) is it true to say that the United Kingdom constitution is based on a separation of powers?

    3 star(s)

    Good, sustained argument. In order to improve this essay, the student should focus on case law, and use the arguments developed there as a frame for his/her response.

    Reference…

    • Essay length: 1865 words
    • Submitted: 19/06/2006
    • Marked by teacher: (?) Edward Smith 05/09/2013
  9. Marked by a teacher

    “It cannot be too strongly emphasised that the British Constitution, though largely unwritten, is firmly based on the separation of powers” - Consider the extent to which this view is accurate.

    3 star(s)

    Good, but not enough case law, and some important points overlooked:

    - the executive controls, and affects legislature by creating peers;
    - part of the legislature form the executive;…

    • Essay length: 1598 words
    • Submitted: 01/01/2004
    • Marked by teacher: (?) Edward Smith 05/09/2013
  10. Marked by a teacher

    ROYAL PEROGATIVES

    A frankly baffling approach to the question set, which makes no reference to the GCHQ case or judicial control of royal prerogative more generally.

    A good approach to…

    • Essay length: 1616 words
    • Submitted: 04/02/2008
    • Marked by teacher: (?) Edward Smith 17/06/2012

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?
  • To what extent does the law impose compulsory terms on parties to contracts?

    "In conclusion, it can be argued that the extent to which compulsory terms are imposed is greater with regards to statutes, rather than common law. Contracts for the supply of goods and services contain important implied terms(4), and the power to exclude these terms is severely restricted by legislation. Although, these terms are for the benefit of the consumer, if it were not for these conditions, sellers of goods would seek to avoid any liability for defects of goods for example. It is greatly left to the courts to 'fill the gaps' in contracts, and imply terms which would have been agreed between the parties anyway, or those terms which are so obvious and so have not been mentioned. On the other hand, there are certain limitations to their power; in this sense the extent is certainly restricted. Particular tests must be satisfied and the courts must consider whether both the parties would have agreed to the term, and not just whether a reasonable person would have done so. The courts have not claimed power to insist upon compulsory terms without statutory authority. Therefore the extent is pretty large, but all the same it is proportionate and compulsory terms are only generally imposed when they are actually required or when they are advantageous to the consumer."

  • Discuss the relevance of the concept of the rule of law to current constitutional arrangements in the UK

    "In conclusion complying with the rule of law may provide a check on abuse of power. It may provide a critical evaluation of how the power is used. Alone it is not a comprehensive code but must be used alongside other principles, which regulate the content of the legal rules. It can be argued that the rule of law is too vague, if the law is written down on paper it would be more accessible and easier to understand and obey. On the other side codification would require unnecessary money, time and effort what is the point on devising a remedy for something that works in the first place? Finally there are many interpretations of the doctrine of the rule of law, each having slightly different connotations. We all put into practice the principles of law everyday so we do have a basic idea what the law entails. Dicey's principle of the rule archaic, the general principle is still intact and forms part of the British Constitution today. It's the upholding of morality, faith and reasoning in the judiciary that gives the rule its eternal constitutional relevance rather than written rules. 1999 Words"

  • The proposal for a EU constitution has both advantages and disadvantages. However any moves towards the creation of a "federalist superstate" should be strenuously opposed. Critically discuss

    "In conclusion, the proposal for a European Union constitution has both advantages and disadvantages for all the Member States involved. And the advantages seem to outweigh the disadvantages so basically all the Union needs to do is to achieve a balance between the these two. And try in all fairness to try and satisfy all member states and citizens of the Union. And make sure it is democratic in all the policies it chooses to implement both now and in the future. Furthermore try as much as possible not to lean towards a federalist superstate form of government."

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