Foundations of public law

 

Undergraduate Examinations 2020-21 – Resit Period

FOUNDATIONS OF PUBLIC LAW – Take Home Exam

Student Registration Number:       

£ I have read and understood the University Regulations on Academic offences.

£ I certify that the attached is all my own work

Total Word Count 

This must include any footnotes, annotations, or end notes. 

Marking Information – To be completed by markers

Level 4 exams are moderated, and all fails are second-marked

Question NumberMark  First Marker Initials and CommentsSecond Marker Initials and Comments
    
    


INSTRUCTIONS

The paper consists of SIX questions. You must answer only TWO questions. All questions carry equal weight.

Please write the answers to the TWO questions you have chosen on the answer sheets at the end of this paper.

You may write up to 1500 words for this paper. We advise that you divide this equally between the questions. This word count includes any footnotes, annotations, or end notes. Penalties will be applied if you exceed the total word count.

Referencing and plagiarism

You do not need to reference your work in the same way you reference your coursework. However, you must NOT copy text from books, articles or online sources. If you do quote, you MUST make clear that this is what you are doing by the use of quotation marks and cite the source of your quotation (e.g.: (Jones, 2019) or ‘Jones says in Cases of English Contract Law that…’). Footnotes and bibliography are not expected. Please note that any citations or footnotes, if you use them, will be included in the word count. This means that if your answers exceed the word limit as a result of your use of footnotes, penalties will be imposed.

You are reminded that copying without acknowledgement from textbooks, articles, any online or offline sources, or your OWN previously written essays is plagiarism, which is an academic offence. Collaborating with other students is collusion, which is also an academic offence. Penalties will apply.

QUESTION 1

“The advantages of codifying the UK constitution significantly outweigh the disadvantages.”

Critically discuss this statement.

QUESTION 2

Do you agree with Lord Hailsham that the UK has an “elective dictatorship”?

Critically discuss with reference to the roles of the Executive and Parliament.

QUESTION 3

Are the devolution arrangements in the UK compatible with parliamentary sovereignty?

Critically discuss with reference to examples where these issues have been illustrated.

QUESTION 4

There is much debate as to whether judicial review helps or undermines democracy in the UK. What are the main arguments for and against judicial review as a democratic process and which of the arguments do you consider most persuasive, and why?

QUESTION 5

Critically discuss the impact of the Human Rights Act 1998 on the relationship between the judiciary and Parliament. Explain and justify your answer with reference to relevant case law and academic commentary.

QUESTION 6

Critically discuss the current effect of the European Communities Act 1972. Explain and justify your answer with reference to the relevant Brexit legislation.

END OF QUESTIONS

Please note down the question number. You may write up to 1500 words for this paper. We advise that you divide this equally between the questions. Penalties will be applied if you exceed the total word count.

QUESTION NUMBER:

Please note down the question number. You may write up to 1500 words for this paper. We advise that you divide this equally between the questions. Penalties will be applied if you exceed the total word count.

QUESTION NUMBER: