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English Legal System

Question: “The court of appeal’s case law as to when it may depart from its own precedents is in disarray.” Discuss.

Answer: To analyse the disarray in the case-law of the Court of Appeal (CA), important decisions such as Young v Bristol Aeroplane Co Ltd , Davis and Johnson , Farrell v Alexander ,...


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Details: - Mark: 64% | Course: English Legal System | Year: 1st | Words: 1598 | References: Yes | Date written: March, 2017 | Date submitted: November 27, 2017 | Coursework ID: 1038

Question: "The Sovereignty of Parliament is not a phenomenon that derives from a legal source, and as such neither is it a phenomenon that can be altered by a legal source. The, 'ultimate political fact', of the constitution is that Parliament's sovereign power cannot, by non-revolutionary means be restricted nor given away."

Ian Loveland, Constitutional Law, Administrative Law, and Human Rights, 4th edition (Pearson Longman, 2006), p219

Does this mean that any attempt to move in the UK to a, 'written constitution', is doomed to failure?

Answer: In order to discuss the doctrine of the Sovereignty of Parliament in constitutional terms, it is necessary to explore the overlaps between sovereignty and constitutionality in the UK, referring to orthodox constitutional...


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Details: - Mark: 64% | Course: English Legal System | Year: 2nd/3rd | Words: 2085 | References: Yes | Date written: March, 2008 | Date submitted: January 10, 2011 | Coursework ID: 629

Question: To what extent is Rawls's Theory of Justice merely a Justification of the Existing Political System?

Answer: The existing political system is generally recognised as embodying democratic, liberal and capitalist ideals. Where free market values are upheld in a society with an established formal democracy. However, inequalities occur within...


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Details: - Mark: 64% | Course: English Legal System | Year: 2nd/3rd | Words: 2501 | References: Yes | Date written: Not available | Date submitted: July 07, 2009 | Coursework ID: 516

Question: Would it be better if the constitutional conventions operating in the United Kingdom constitution were to be replaced by laws? Explain your answer.

Answer: There is no straightforward answer to whether it would be better to replace the constitutional conventions with laws as it largely depends on the country’s status quo. Thus in order to come...


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Details: - Mark: 64% | Course: English Legal System | Year: 1st | Words: 1797 | References: Yes | Date written: March, 2008 | Date submitted: March 26, 2009 | Coursework ID: 462

Question: ‘The Woolf reforms have joined the long list of failed attempts to reform the civil justice system.’ Discuss.

Answer: Through criticism voiced by actors within the civil justice system, namely lawyers, judiciary, and litigants - it was apparent to many that effective and accessible civil justice was being compensated by an...


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Details: - Mark: 64% | Course: English Legal System | Year: 1st | Words: 1396 | References: Yes | Date written: February, 2004 | Date submitted: February 19, 2009 | Coursework ID: 355

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

Answer: In addressing this question, it would be useful to explain just what the doctrine of the separation of powers consists of. The concept of the separation of powers goes back to the...


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Details: - Mark: 64% | Course: English Legal System | Year: 2nd/3rd | Words: 1855 | References: No | Date written: Not available | Date submitted: February 19, 2009 | Coursework ID: 353

Question: ‘Trial by jury is an outdated, expensive and inefficient method by which to decide the guilt or innocence of those charged with criminal offences. It should be abolished for all criminal trials’. Assess the accuracy of this statement.

Answer: Trial by jury has been regarded as a paradigm of English criminal law, described as a bulwark against oppression, a safeguard of our liberties since the common sense of the ordinary person...


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Details: - Mark: 64% | Course: English Legal System | Year: 2nd/3rd | Words: 2910 | References: Yes | Date written: October, 2002 | Date submitted: February 19, 2009 | Coursework ID: 350

Question: Examine the controversy that surrounds the question of what judges are doing when they are deciding cases. 64%

Answer: If we accept the hypothesis, that judges do indeed make law through their decisions, we need to look closely at the judges themselves to decide whether they are capable of performing that...


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Details: - Mark: 64% | Course: English Legal System | Year: 2nd/3rd | Words: 3531 | References: Yes | Date written: December, 2002 | Date submitted: February 18, 2009 | Coursework ID: 332

Question: What Impact will Formalising Plea Bargaining have on Justice and Equality in the English Legal System?

Answer: Before discussing plea bargaining it is perhaps paramount to define what is meant by the expression. Plea bargaining refers to ‘the exchange of a guilty plea for a reduced charge or some...


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Details: - Mark: 64% | Course: English Legal System | Year: 2nd/3rd | Words: 3061 | References: No | Date written: Not available | Date submitted: October 15, 2008 | Coursework ID: 94

Question: The English Legal System - A brief summary.

Answer: The constitution of the United Kingdom is divided into the three branches, the legislative, the executive and the judiciary, vaguely following Montesquieu’s principles of the separation of powers. While the executive administers...


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Details: - Mark: 63% | Course: English Legal System | Year: 1st | Words: 875 | References: No | Date written: Not available | Date submitted: February 19, 2009 | Coursework ID: 356


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