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Question: Consider the arguments for and against reform of the system of constitutional monarchy in the UK, and it’s possible replacement by some other system.

Answer: A constitutional monarchy is a state headed by a sovereign who rules according to the constitution. At present the UK has an unwritten constitution; the framework of which is outlined by two...


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Details: - Mark: 65% | Course: Public Law | Year: 1st | Words: 4237 | References: Yes | Date written: February, 2004 | Date submitted: October 21, 2008 | Coursework ID: 172

Question: Evaluate the changes that have occurred to the structure of the legal profession over the last ten years in Britain and develop an argument for the future fusion of solicitors and barristers.

Answer: The modern divided legal profession dates essentially from the 19th century when the Bar agreed to give all conveyancing work and direct access to clients, to solicitors, in return for sole rights...


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Details: - Mark: 65% | Course: Public Law | Year: 2nd/3rd | Words: 2055 | References: Yes | Date written: March, 1999 | Date submitted: October 21, 2008 | Coursework ID: 163

Question: “Power corrupts, and absolute power corrupts absolutely." – Lord Acton.

Explain the given statement in light of the doctrine of Separation of Powers, discuss the definition, history, the concept, overlaps, check and balances and relevant cases and legislations , explain further by comparing other jurisdictions .

Answer: Lord Acton had expressed his observation that when a person is given the total authority or the final say in everything, it is inevitable that his/her sense of morality would eventually weakens...


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Details: - Mark: 64% | Course: Public Law | Year: 1st | Words: 3077 | References: Yes | Date written: March, 2015 | Date submitted: October 20, 2016 | Coursework ID: 986

Question: Illustrating your answer with case law, assess the extent to which the exercise of the Royal Prerogative is controlled by the courts. Should the exercise of the royal prerogative be subject to more stringent control by parliament or the courts?

Answer: In this essay I will be examining how far the Royal Prerogative is controlled by the courts after it has been exercised by the executive. I will then discuss whether the prerogative...


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Details: - Mark: 64% | Course: Public Law | Year: 2nd/3rd | Words: 1598 | References: No | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 433

Question: 'The Royal Prerogative remains a significant source of constitutional law which is largely immune from scrutiny by the courts.' Do you agree with this point of view?

Answer: The question here is, do we agree with the view that the Royal Prerogative is immune from scrutiny by the courts, and whether it remains a significant source of constitutional law. In...


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Details: - Mark: 64% | Course: Public Law | Year: 2nd/3rd | Words: 2207 | References: Yes | Date written: November, 2002 | Date submitted: October 21, 2008 | Coursework ID: 177

Question: ‘The English courts only pretend to respect patient autonomy. In any difficult case, the judges prefer the doctors’ judgement of the patient’s best interests.’ Discuss.

Answer: Self governance or autonomy fundamentally depends on capacity to make ones own decisions. Mentally competent people are said to enjoy the right to autonomy, not least in their own health and treatment...


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Details: - Mark: 64% | Course: Public Law | Year: 2nd/3rd | Words: 2767 | References: Yes | Date written: April, 2003 | Date submitted: October 21, 2008 | Coursework ID: 175

Question: At approximately 1pm on the 3rd March 2006, Mr Morgan was addressing a crowd of about 3,000 people at a public meeting, amongst whom were two hundred young persons, positioned together immediately in front of the speaker's platform. It was their intent to prevent any meeting being held at all if they could. Between the crowd and the speaker's platform was a line of police.
There was disorder throughout the meeting, but mainly among the group of two hundred young people, who repeatedly attempted to attack the platform, the speaker and his supporters. In other parts of the crowd, the disorder was confined to heckling.
At 1:30pm, Mr Morgan made the following speech to the crowd, 'The family is natural and the State must stand guard over the family. I do not care if someone is homosexual or not. But if that person tries to infect others with their homosexuality, then the State must intervene to stop them'.
There was complete disorder and a general surge forward by the crowd to the speaker's platform. When this happened, the police stopped the meeting and found it very difficult to restore order. Thirty people (including Mr Morgan) were arrested for offences involving breaches of the peace.

Advise Mr Morgan regarding his potential liability (if any) under the Public Order Act 1986 and also advise whether or not he has committed a breach of the peace. Mr Morgan also wishes you to advise him regarding any action he might have against the police under the Human Rights Act 1998.

Answer: To advice Mr Morgan the following law must be considered, breach of the peace, Public Order Act 1986 and Human Rights Act 1998. Breach of the peace was defined in R v...


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Details: - Mark: 64% | Course: Public Law | Year: 1st | Words: 2560 | References: Yes | Date written: November, 2005 | Date submitted: October 21, 2008 | Coursework ID: 165

Question: Discuss the extent to which the omnipotence or sovereignty of Parliament's power to legislate is reigned in by practicality.

Answer: In Britain, the Monarch had been sovereign before the 17th and 18th century but it was passed to Parliament who took the right of name of Parliamentary sovereignty and deposed of Monarch....


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Details: - Mark: 64% | Course: Public Law | Year: 2nd/3rd | Words: 2597 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 49

Question: ACCESS HINDERED!
A critical examination of ‘Standing’ in the field of Judicial Review

Answer: A principle of English law is that every citizen has a basic right to unimpeded access to the courts which, even in our unwritten constitution, must rank as a constitutional right. It...


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Details: - Mark: 64% | Course: Public Law | Year: 2nd/3rd | Words: 2556 | References: Yes | Date written: April, 2004 | Date submitted: October 13, 2008 | Coursework ID: 31

Question: Save the Welsh Heritage (SWH) is a pressure group founded to raise the profile of local land development issues. It is particularly concerned with the conservation of buildings of architectural and historic importance and is prepared to seek judicial review of planning decisions if necessary. A developer has, within the past seven days granted planning permission to demolish a grade II listed chapel at Mynydd Fach. This is an important site because Owain Gryfydd, the radical evangelical pastor, preached his famous and influential sermons there between 1835 and 1840. SWH believes that the grant of planning permission was ultra vires since the planning authority, contrary to statute, failed to have regard to the development plan for the area. Advise SWH on whether it has locus standi to seek judicial review of the grant of planning permission.

Answer: In advising SWH on whether is has locus standi to seek judicial review it must first be established what the legal issues are. On looking at the facts of the case the...


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Details: - Mark: 63% | Course: Public Law | Year: 2nd/3rd | Words: 1214 | References: Yes | Date written: October, 2002 | Date submitted: February 20, 2009 | Coursework ID: 424


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