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Question: 'Our constitution is dominated by the sovereignty of Parliament. But Parliamentary sovereignty is no longer, if it ever was, absolute.’ R (Jackson) v A-G [2005] UKHL 56 [104] (Lord Hope)
Critically evaluate this statement by giving at least one example of the challenges to parliamentary sovereignty.
Word Count 1302
Answer: It is difficult to dismiss the ongoing debate whether Parliament sovereignty is “evolving”1 or is “eroding”.2 This essay will aim to critically evaluate the quote derived from Lord Hope and will argue...
Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 1st | Words: 1302 | References: Yes | Date written: November, 2019 | Date submitted: April 05, 2021 | Coursework ID: 1080
Question: Explain what the current law is relating to the defence of consent to non-fatal offences against the person and critically analyse the approaches taken by Lord Templeman and Lord Mustill in R v Brown [1994] 1 AC 212.
“In principle there is a difference between violence which is incidental and violence which is inflicted for the indulgence of cruelty.” Per Lord Templeman in R v Brown [1994] 1 AC 212.
“What I do say is that these are questions of private morality; that the standards by which they fall to be judged are not those of the criminal law…….. I regard the task as one which the courts are not suited to perform, and which should be carried out, if at all, by Parliament…. The only question is whether these consensual private acts are offences against the existing law of violence. To this question I return a negative response.” Per Lord Mustill in R v Brown [1994] 1 AC 212.
Word Count - 1204
Answer: Non-fatal offences are “crimes against a person which do not result in death”. Sir John Smith Famously described non fatal offences as “ragbag”2. According to the Offences Against the Person Act 1861...
Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 1204 | References: Yes | Date written: November, 2019 | Date submitted: April 05, 2021 | Coursework ID: 1079
Question: The European Parliament’s Legislative Role and its Driving Force.
Answer: The European Parliament (EP) has several abilities to legislate on equal footing with the Council as prescribed by the TEU and TFEU. While the EP was originally restricted to an "advisory assembly”...
Details: - Mark: Not available | Course: European Union Law | Year: 2nd/3rd | Words: 2974 | References: Yes | Date written: January, 2021 | Date submitted: February 10, 2021 | Coursework ID: 1078
Question: Review and Recommendations on the Penalty Rule.
LAW1004 - May 4th, 2020
Answer: After having conducted their last review on penalties in 1975, the Law Commission found that the test for finding a penalty was satisfactory . However, academics were critical of this, arguing that...
Details: - Mark: Not available | Course: Contract Law | Year: 2nd/3rd | Words: 1863 | References: Yes | Date written: May, 2020 | Date submitted: February 10, 2021 | Coursework ID: 1077
Question: The Impact Leaving the EU has had on the UK Constitution.
Constitutional and Administrative Law - December 13th, 2019
Answer: The UK is known for its uncodified, and ambiguous constitutional structure. In fact, Ever since the UK joined the ECC - now EU - in 1973, discussions around and analyses of the...
Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 1st | Words: 1918 | References: Yes | Date written: December, 2019 | Date submitted: February 10, 2021 | Coursework ID: 1076
Question: ‘Parliamentary sovereignty is a fundamental principle of the UK constitution’
Lord Neuberger in R (Miller) v Secretary of State for Exiting the European Union, [2017] UKSC 5 [43], [2017] 2 WLR 583.
Critically discuss the place of Parliamentary sovereignty in the modern UK constitution.
Answer: Lord Neuberger in R (Miller) v Secretary of state for Exiting the European suggested that ‘Parliamentary sovereignty is a fundamental principle of the UK constitution’ .In light of Lord Neuberger’s statement, this...
Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 1st | Words: 2334 | References: Yes | Date written: January, 2018 | Date submitted: August 21, 2020 | Coursework ID: 1075
Question: The local authority of Two Peaks has decided to move its archives into a purpose built warehouse. The local authority enters into a contract with ‘Dale Cooper Construction Company’, which specialises in warehouse construction.
Bob works at the construction site, operating the crane. One morning, Bob comes late to work. He had been drinking heavily the night before. Bob begins work, and releases a heavy steel rod, which pierces the roof of the almost complete warehouse and kills Mike. Laura was also working in the warehouse, and she was next to Mike when he got killed. Both Laura and Bob develop Post Traumatic Stress Disorder (PTSD) because of the accident. The impact of the steel rod causes structural damage to the warehouse, which remains undetected until a few months later, when the archives of the local authority have already been moved into storage. Ahmed, a PhD student who requires access to these archives for his research, cannot complete his PhD. His visa expires, and he has to return to his home country. Because he has failed his PhD, he cannot get a good job, as he was hoping to. He sues the local authority of Two Peaks for ruining his career.
Advise Mike’s estate, Bob, Laura, and Ahmed as to any action(s) in tort they have available, and their chances of success.
Module Code: LX2080
Module Title: Tort Law
Answer: Mike and Laura can claim that Dale Cooper Construction Company (DCCC) is vicariously liable for the torts of negligence committed by Bob. Bob can pursue a claim against DCCC for causing his...
Details: - Mark: Not available | Course: Tort Law | Year: 2nd/3rd | Words: 2495 | References: Yes | Date written: January, 2018 | Date submitted: August 21, 2020 | Coursework ID: 1074
Question: In Re Baden’s Deed Trusts (no 2) [1973] Ch. 9 the three Law Lords set out different tests in relation to certainty of objects for a discretionary trust. Critically analysing the law and academic commentary, what do you consider to be the best way forward for trustees when deciding the proper approach to take in a discretionary trust?
Module Code: LX2083
Module Title: Equity & Trusts
Answer: In the case of Re Baden's Trust (No. 2) , the three law lords Sachs LJ, Stamp LJ and Megaw LJ each outlined different tests which they believed would help validate the...
Details: - Mark: Not available | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 2438 | References: Yes | Date written: January, 2018 | Date submitted: August 21, 2020 | Coursework ID: 1073
Question: ‘The practical operation of the exemptions to the duty to make references (Article 267(3) TFEU) prevents the preliminary reference procedure from promoting the uniform application of EU law.’
Critically discuss.
Brunel University London
Module Code: LX2081
Module Title: Law of the European Union
Answer: Article 267 of the Treaty on the Functioning of the European Union (TFEU) serves as the basis for the preliminary reference procedure which aims to encourage cooperation between national courts and the...
Details: - Mark: Not available | Course: European Union Law | Year: 2nd/3rd | Words: 2446 | References: Yes | Date written: January, 2018 | Date submitted: August 21, 2020 | Coursework ID: 1072
Question: "The law of vicarious liability is on the move" (Lord Phillips). Discuss.
Answer: This issue to address here is the manner in which vicarious liability is ‘on the move’ and whether its recent expansion is justifiable. The traditional requirements of the law were intermixed with...
Details: - Mark: Not available | Course: Tort Law | Year: 1st | Words: 1297 | References: Yes | Date written: March, 2019 | Date submitted: April 17, 2020 | Coursework ID: 1071