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University Degree: Public Law

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1000-1999 (1)
2000-2999 (1)

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  • Marked by Teachers essays 19
  1. This essay will critically evaluate the extent to which the UK judiciary has demonstrated a willingness to uphold the requirements of the rule of law whilst referring to relevant case law where necessary, in order to access how the judiciary has applied, interpreted and upheld the requirements of this rule.

    Numerous definitions of the rule of law have been provided by various academics such as Stewart[7], public and political figures, governments and even notable organizations such as the United Nations[8], hence, many definitions exists, however the most notable and perhaps most influential and recognised definition, in English law is the one provided by A. V. Dicey. In ?an introduction to the study of the Law of the Constitution (1885)?, Dicey defined the rule of law as having three meanings, the first being, the absolute supremacy or predominance of regular law, stating that ?no man is punishable or can lawfully be

    • Word count: 2552
  2. Conventions regulating ministerial conduct are an ineffective means of ensuring that government ministers will be held accountable for their actions. Discuss.

    They are expected to accept responsibility for any failure in administration, any injustice to an individual or any aspect of policy, which may be criticised in parliament, whether personally or not. Individual ministerial responsibility also requires them to behave appropriately in their personal life and also be competent. The Ministerial code is a code was put in place among other things to react to the observations of the public eye and to ensure the public have trust in the government who are in cabinet at the time.

    • Word count: 1464

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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