Constitutional Law Assignment Sample
Your essay must be submitted by 12 pm, 19th November 2021
Answer only one of the following two questions.
‘The rules that allocate and control governmental power in the United Kingdom are diverse in nature, sometimes uncertain in content and nearly all of them are easy to change. As a result, it is doubtful that there is such a thing as the “constitution of the United Kingdom.”’
Critically analyze this statement.
‘The reliance of the UK constitution on conventions is both a defining feature and a fundamental weakness. While they are supposedly binding, conventions cannot effectively proscribe “unconstitutional” behavior and their content and enforcement is often at the mercy of executive whim.’
Note the following carefully:
- The required length of these essays is no more than 1,500 words including footnotes but excluding the bibliography.
- Essays should be word-processed and double-spaced.
- Please ensure that the name of your TUTOR – the person who leads your tutorials – is clearly indicated on your essay.
- See guidance on essays in the UK Constitutional Law module handbook, in the Undergraduate Handbook on essay writing, as well as in the section below.
- Do NOT start to write your essay before reading all sets of guidance carefully.
UK Constitutional Law Formative Essay Guidance for assignment help 2021-22
Your formative essay is due to be submitted on the 19 the November. Below is some guidance which you may find useful.
Preparation of a formative/summative essay begins long before you consider writing a specific essay. Lectures and – more importantly – your preparation and participation in tutorials are central to developing an understanding of the topics in question. The core preparation for any kind of written work on a topic is therefore to know and understand the topic. This means:
(i) that you should be able to outline and describe the core features of a particular issue (e.g. constitutional conventions) using evidence to support your points (e.g. conventions are binding rules of ‘constitutional or political ethics’ (Dicey); which will not be enforced or defined by the courts ((R (Miller) v Secretary of State for Exiting the European Union); but which may be recognized in the course of adjudication (Attorney-General v Jonathan Cape); etc., etc.);
(ii) that you should have a good understanding of the broader context within which the issue operates (e.g. conventions complement the constitution’s legal elements (Jennings); conventions often influence how prerogative powers are exercised (Dicey); they form a core reason why the constitution is said to be unwritten (Dicey) and ‘political’ (Griffith); they have been, in some instances, ‘codified’ in recent years (Ministerial Code, Cabinet Manual, Sewel Convention), etc., etc.);
(iii) and that you should have a reasonable appreciation of the various critical perspectives on a given topic (e.g. difficulty pinning down the precise meaning/requirements of some conventions (Marshall, though see Jennings’ test and that some conventions – e.g. re granting Royal Assent – are both clear and consistently applied)); conventions policed by those whom they are meant to bind (e.g. Ministerial Code, see Tomkins); may be inconsistently applied in practice (Sewel convention is ‘normally’ to be observed), etc., etc. 1
From the perspective of preparing an answer to an essay question (i) will provide the backbone in terms of content, (ii) will provide depth, and (iii) will facilitate the kind of critical analysis that will lift a 2:2 level response into a solid 2:1. Your aim should be to build a bank of knowledge that you can deploy effectively (and flexibly) in response to the question with which you are confronted.
Planning and Preparation
It is trite to say so, but … ANSWER THE QUESTION. A vital element of essay technique is to respond to the specific question posed. This requires you to study the language/phrasing of the question carefully. Careful examination of the text of the question will ensure (i) that you are alert to all of the issues that are raised by the question and (ii) that you are able to structure your answer effectively in order to address those issues.
Take the following example from the 2016-2017 UK Constitutional Law Exam paper:
‘The debate over whether or not the UK constitution exists is a distraction from the really important task: undertaking a clear-eyed assessment of the strengths and weaknesses of the UK’s constitutional order as it operates in practice.’
It should be immediately clear that this question raises a couple of issues worthy of distinct treatment. Therefore, you need to carefully break down the different
1 These examples are indicative, and absolutely do not provide a comprehensive map of the issues relating to constitutional conventions. elements / issues that the questions are asking you to address. For the question above, the issues are:
(i) the debate over whether or not the UK has a constitution;
(ii) the practical strengths and weaknesses of the UK’s constitutional order.
It should also be clear that – in order to tackle these issues effectively – you should address a number of implicit questions:
(i) what is a constitution?
(ii) why is there debate over whether the UK has one?
(iii) on what evidential basis are you judging characteristics of the UK constitutional system to be either strong or weak?
I would hope that it can be recognized that it is also implicit in the question that the debate over the existence of a ‘constitution’ is seen as being less important than the issue surrounding the practical strengths/weaknesses of the system as it operates in practice. You would therefore be expected to address this issue.
A good answer will almost always be the product of quite careful planning. Careful planning will almost always be the product of a careful reading of the question. Following a process through which you identify the core components of the question will often point towards a basic structural outline (and will often also point you towards those elements of the question which might require you to explain something, and those (perhaps uncertain or contested issues) which require discussion or analysis).
To take the first part of the above question as an example… on the issue of whether the UK has a constitution you can begin to plot a response:
- short intro – what are you going to demonstrate in this essay? You must tell us what you are going to argue in your essay and present the structure you have adopted so your reader can easily follow the development of your argument.
- characteristics of the UK system (no codified constitution, instead an amalgam of various ‘constitutional’ sources (statute, common law, prerogative, convention etc.));
- do these sources operate to discharge the general functions of a constitution (allocation/limitation of governmental powers etc.)?
- can these sources collectively be labelled (described as) a ‘constitution’? (see King, House of Lords Select Committee on the Constitution);
- do these sources satisfy those who argue for a more exacting definition of the term constitution? (e.g. Ridley); etc..
I should stress that the above is just one way to begin responding to this question, which seeks to emphasize the importance of paying attention to the language of the question posed. In responding to this particular question, once you reach the section which requires consideration of strengths/weaknesses of the UK’sconstitution/constitutional system you will have a good deal of scope to pick and choose from what you understand to be the best examples in support of your overall argument. Planning remains important here however, in order to ensure that your essay has a logical flow (and in order to ensure you don’t just end up writing directionless prose).
Ultimately your objective should be to structure (and evidence) a response which articulates/defends a position. The best responses will outline this at the outset – ‘in this essay I will demonstrate that…’ – and then build a logical argument in the subsequent paragraphs, before concluding.
Development and Analysis
Alongside a good structure, it is also important to fully develop – and evidence – the points you are seeking to raise. Compare these two short paragraphs (NB Harvard style referencing used in para 2 for convenience):
1: Conventions will not be enforced by courts. Though they are intended to be binding upon those to whom they apply, conventions must therefore be distinguished from the legal rules through which governments are regulated. This is not to say that courts will not recognize the existence of conventions, or that judges will not occasionally refer to the existence of a convention in determining legal liability. Rather, it is to say that accountability for the conventions will be a political matter.
2: Conventions will not be enforced by courts (Dicey). Though they are intended to be binding upon those to whom they apply – ‘they have to be followed’ (Jennings) - conventions must therefore be distinguished from the legal rules through which governments are regulated. This is not to say that courts will not recognize the existence of conventions (Miller), or that judges will not occasionally refer to the existence of a convention in determining legal liability (AG v Jonathan Cape). Rather, it is to say that accountability for the conventions will be a political matter: ‘Judges therefore are neither the parents nor the guardians of political conventions; they are merely observers’ (R (Miller) v Secretary of State for Exiting the European Union).
Both paragraphs are reasonably accurate. Both say almost exactly the same things. But the second paragraph demonstrates a knowledge of the relevant case law and commentary, and – in the selected use of short quotes – is able to show to the reader a degree of specificity that the first paragraph cannot. Adding depth takes more time and words, of course, but will make a marked difference to the overall product. Combine depth with a logical structural backbone and you will be well on the way to writing a good essay.
The constitution of the UK is unlike the constitution of other countries as it lacks a written or codified constitution. The essay aims to demonstrate the importance of conventions for the successful implementation of the constitution and the ways the UK constitution implementation is different from other countries. The essay will provide supportive evidence on the fact that uncertainty in conventions is one of the key factors affecting the proper implementation and scope of the UK constitution and about is unconstitutional behvaiour. The essay is presented on a systematic structure, in which the key parts are demonstrated- constitution and importance of the constitution, characteristics of UK constitution, the difference of UK constitution from other countries, the role of conventions in UK constitution and pros and cons of UK constitution.
Constitution and importance of constitution
A constitution is the body of principles and laws that guides the operation and organization of the state. The fundamental nature of the constitution is to support and shape the state, and the constitution is longstanding that is difficult to change. It is a social, legal, and political instrument that ensures human rights and develops the legal landscape. There are two forms of the constitution written and unwritten. In most countries, the written constitution is followed, and the least part of the legal structure is based on unwritten norms. The unwritten and uncodified nature of the constitution of UK indicates towards unconstitutional behaviour in the overall legal structure. In countries such as the UK, Israel, and New Zealand, the constitution is unwritten. The constitution provides the political and legal basis for enacting laws.
Characteristics of UK constitution
One of the first and most crucial characteristics of the UK constitution is it is mostly unwritten. The UK constitution is mostly unwritten, which means it is not documented well, not written, or precise, which is major reflection of its unconstitutional behaviour. There are some written parts such as parliamentary statues, historical documents, constitutional characters, and judicial decisions. UK constitution is evolutionary and is known as unbroken continuity of development. UK constitution is an example of a flexible constitution, and the flexibility element is based on adjustability and adaptability. In the constitution of the UK, the executive means the government who runs the country. The system of the executive is based on the parliamentary system rather than the presidential system. In the UK constitution, the executive is the main ruler who runs the country and holds lots of power. There are many debates on the UK constitution over time as it has an unwritten and uncodified constitution that works differently from other countries. Monarchy is one of the key components of the parliament. Queen in the parliament is the monarchy component and possesses an unchallengeable power. In the last century, there have been many acts of parliament that are considered on constitutional grounds to develop constitutional legislation. Many arguments are presented over time that the UK should have a written constitution, and the written constitution should be prepared in such a way that it engages everyone, not only based on the perceptions of parliamentarians and legal experts, but the British judiciary is somehow not able to consider the act of parliament as an unconstitutional behaviour. Elliot Bulmer and Paul Bickley (2019) presented their view on the fact that a written constitution is crucial to ensure a stable legal framework in a country, which indicates that UK system is somehow unconstitutional in nature. The recent tactical prorogation of government indicates an executive power manipulation. The case of Cherry/Miller v The Prime Minister (2019) is a joint constitutional case based on the power limitation of royal prerogative. The government's prerogative action in foreign affairs cannot be used to change the law.
Difference of UK constitution from other countries
The constitution of Britain is different from other countries' constitutions, which is basically the accumulation of conventions, statutes, treaties, and judicial decisions. The parliament enacts the law using the crown power, and the law enacted by the parliament is unchangeable by other bodies. The sovereignty of parliament is considered the key principle of the British constitution. In the UK constitution, the conventions are unwritten practices, and statutes are law and are the highest form of a law passed by parliament, which is one of the major examples of UK’s unconstitutional behaviour. There is no such document that reflects the UK constitution, so the politicians and lawyers rely on constitutional authorities. There are two key problems raised in such an uncodified constitution- easier to change at any time, which indicates instability, and difficult to know the exact state of the constitution. There are many constitutional reforms conducted in the UK constitution that indicate the flexibility in the constitution.
Convention is a key part of the UK's unwritten constitution
The key purposes of a constitutional convention are to develop and promote proposals for constitutional reforms. In the UK constitution, the convention is presented as an unwritten understanding regarding how the parliament should act. One of the conventions of the UK constitution is the sewel convention that is applicable when the parliament legislates on a specific matter. The UK parliament usually does not take such a step without relevant devolved institutions passing such consent motions. In the UK constitution, the uses of the convention are mostly for reform purposes, while in other countries, the use of convention is for other purposes too. The reforms in the convention model of the UK will be beneficial for the constitution. The British constitution has always been filled with contradictions, anomalies, and puzzles. The specification is one of the key issues in the UK constitution due to the lack of written convention. A written and proper structural model for the constitutional convention is necessary for the UK as the existing reforms that are made based on the unclear idea about the need for reforms require more clarity and to eliminate its unconstitutional behaviour. A fair and written constitutional convention will ensure that all the parts of the union are treated uniformly and fairly. The Democratic audit of 2012 in the UK indicates that coherent settlement in the UK is still lacking, which can create future problems in British democracy.
There are many opposing views regarding the proper constitutional convention in the UK. Chloe Smith MP rejected the constitutional convention idea by focusing on the fact that economic challenges are the top priority for the UK, so at the present moment, a change in the existing model of the convention is somehow difficult. There are other opinions that are presented against the constitutional convention, and most of them point towards the political realities to justify the fact. Political support is one of the key contributing factors for the proper implementation of constitutional changes, and in the UK, political support is somehow lacking. In other countries, constitutional conventions are successfully taken place due to strong political support. In the UK constitution, where the role of the executive is significant, the weak convention and unwritten constitution is a major problem for the overall legal framework as well as the roots of unconstitutional behaviour.
Pros and cons of UK constitution
There are different pros and cons of an unwritten constitution, like the UK constitution, which reflects whether the UK constitution is in urgent need of change or not. The key advantages of an unwritten constitution are- flexibility, dynamic, and evolving in nature. There are many disadvantages attached to the UK constitution as well, and one of the major disadvantages is UK constitution has a number of sources for reform, due to which it is less accessible and less transparent. The flexible nature of the UK constitution includes multiple interpretations, which creates uncertainty. The powers of judicial branches, executive and legislative branches are not well defined, which leads to conflict between different pillars of government, ambiguity, and uncertainty. Unwritten constitutions contain some difficulties as they are more reliant on the convention. A written constitution acts as an educative function and allows the general public to refer to and know about their constitutional rights. Brian Christopher Jones supports an opposite fact based on the importance of the written constitution and presents the view that there is no such huge difference between the written and unwritten constitution's performance. The UK constitution is based on conventions, legislation, common law, and parliamentary procedure. Even without the written constitution in the UK, parliamentary sovereignty is highly established, and no intentional lower ranking for the legislator and the statute takes place.
The governmental institutions in the UK are responsive and accountable to people, and the legislation in the UK system holds power. Despite several differences in the unwritten convention of the UK, it can be said that there are no such huge differences in terms of the performance of the constitution as well as its benefits on the overall legal system of the UK. In the UK constitution, parliament is the sole of the constitution, but in actual parliament cannot act solely as the main significant factor for the domestic constitution development. Despite having certain advantages of an unwritten constitution, the inconsistency and lack of transparency indicate that UK requires a written constitution to strengthen the legal control and develop the constitution based on individual needs rather than a guide of legal experts.
The fact presented in the essay indicates that even if the UK constitution has certain advantages, but a written constitution is more clear, transparent, and consistent compared to an unwritten and uncodified constitution. There are different advantages and disadvantages of an unwritten constitution, and the disadvantages of an unwritten constitution seem more peculiar in the UK constitution. The characteristics of the UK constitution are different in nature compared to the written constitution of other countries and it is unconstitutional in nature. There are facts presented in the essay that supports and are against the UK constitution. There are problems identified in the use of convention as well as the clarity of the constitution, and based on those facts, it can be concluded that the unwritten constitution of the UK requires a change for better constitutional implementation.
Bailii.org, 'Miller, R (On The Application of) V The Prime Minister  UKSC 41 (24 September 2019)' (Bailii.org, 2021) <https://www.bailii.org/uk/cases/UKSC/2019/41.html> accessed 22 November 2021
Bamforth N, 'Current Issues in United Kingdom Constitutionalism: An Introduction' (academic.oup.com, 2021)
Blackburn R, 'Britain's Unwritten Constitution' (Bl.uk, 2015) <https://www.bl.uk/magna-carta/articles/britains-unwritten-constitution> accessed 22 November 2021
Bulmer E, and Bickley P, 'Do We Need A Written Constitution?' (Theos Think Tank, 2019) <https://www.theosthinktank.co.uk/comment/2019/10/24/do-we-need-a-written-constitution> accessed 22 November 2021
Hedling N, 'The Fundamentals Of A Constitution' (Idea.int, 2017) <https://www.idea.int/sites/default/files/publications/the-fundamentals-of-a-constitution.pdf> accessed 22 November 2021
Jones B, 'What’S So Great About A Written Constitution?' (The Atlantic, 2021) <https://www.theatlantic.com/ideas/archive/2020/10/written-constitutions/616628/> accessed 22 November 2021
Publications.parliament.uk, 'Do We Need A Constitutional Convention For The UK?' (Publications.parliament.uk, 2021) <https://publications.parliament.uk/pa/cm201213/cmselect/cmpolcon/371/371.pdf> accessed 22 November 2021
Renwick A, and Hazell R, 'Blueprint For A Uk Constitutional Convention' (Ucl.ac.uk, 2021) <https://www.ucl.ac.uk/constitution-unit/sites/constitution-unit/files/ccblueprint-2.pdf> accessed 22 November 2021
Ucl.ac.uk, 'What Is The UK Constitution?' (The Constitution Unit, 2021) <https://www.ucl.ac.uk/constitution-unit/what-uk-constitution/what-uk-constitution> accessed 22 November 2021
LAW1081 The Individual and The State Assignment Sample
Word Limit: 1,500 words
(including footnotes and appendices, excluding bibliography,
contents, tables of cases and title pages)
Tuesday 5 April 2022 12noon (midday) UK time
Essay formatting: minimum 11 point legible font (eg Arial or Times New Roman), with minimum 1.5 line spacing and 1 inch margins. Place your anonymous code and word count in the header of your essay.
Essay Title for Essay Writing Help
Concerned by the potentially adverse economic and environmental impact of the proliferation of online grocery shopping since the Covid-19 pandemic, and keen to ensure an appropriate supply of food across the country to prevent shortages, Parliament has introduced legislation requiring local councils to license up to a specific number of grocery stores to take online orders for the local area – the (fictitious) Eat Local Act 2022. Section 1 of the Act makes it an offence for stores to take online orders from customers living in an area for which they do not hold a licence. The Act does not set out specific criteria for local authorities to employ in exercising their discretion, but Section 2 of the Act does state that local councils ‘must refuse all applications which are likely to reduce the competitiveness of local businesses.’ North Shire, a small county in the North of England, is allowed to licence up to four online grocery stores. Nomado, Caterose, and Resco (all of which are nationwide supermarkets) have been refused licenses by North Shire Council on the basis that their main storage facilities are too far away and that they are, therefore, not environmentally sustainable choices for North Shire residents.
The management of all three grocery stores feels that the decision not to issue the licences was unfair. In addition, they have the following individual complaints. Nomado, which is an online-only business with a warehouse situated 20 miles south of North Shire, is disappointed because it had requested the opportunity to make a presentation to explain its licence application, but this was refused. Caterose, which does not have a local branch and uses a warehouse around 125 miles south of North Shire for all online orders, claims that when its Managing Director, Lisa, sought clarification from the Council about the likelihood of obtaining a licence, Maria – the Council’s Chair – told her that the licence application was a 'mere formality.' On this basis, Caterose proceeded with the purchase of premises for a ‘Caterose On Demand’ store in North Shire, which would operate on a click and collect basis (i.e. clients would shop online and collect in store). Caterose now stands to incur substantial losses, as these premises do not have enough shopfloor space to operate profitably as a regular supermarket. Resco claims that Maria, is opposed to the grant of the license to Resco, because Maria’s daughter died after having an allergic reaction to calamari purchased at Resco’s North Shire store three years ago. Maria has often spoken about her experience tearfully on local television. While Resco’s main warehouse is nearly 600 miles south of North Shire, in an effort to improve its carbon footprint, Resco has started working actively through its local stores. The North Shire store has developed strong links with North Shire farmers and more than 60% of the produce delivered to North Shire online shoppers comes from the branch shelves, albeit that the rest is flown in from the warehouse. North Shire Council has received only one other online grocery store application, which it has granted. The application is from Redbury’s, a nationwide supermarket with a local branch opposite Resco’s. However, Redbury’s operates its online business mainly from a warehouse 100 miles south of North Shire and does not involve the local store in its processing of online orders. Advise the grocery stores as to the likelihood of bringing a successful claim in judicial review.
A state is defined by the political structure of society or the legislative body, or, more specifically, the institutions of the state. States are distinct from other social organisations because of their aim, which is to maintain order and security; their tactics, which include the execution of the law; their territory, which is defined by their physical limits; and ultimately, their sovereignty. It is the collective agreement of people on the methods for resolving differences that constitute the state (Britannica).
An individual is defined as a human being or an organisation having the same rights and responsibilities as a human being. Counties and cities have the same legal status as corporations when it comes to dealing with them. When it comes to punitive damages, businesses, counties, and cities aren't accountable since they don't have human emotions like malice and hence aren't liable for them unless there is applicable legislation permitting them (Britannica).
The following essay is being conducted to recommend a successful claim in a judicial review regarding the Eat Local Act 2022, which prohibits local grocery stores from taking orders from consumers not being present in the area the store operates.
Due to the occurrence of the Covid-19 pandemic, the UK has faced adverse effects on its economy, which has resulted in a shortage of food supplies within the area. To address this issue, the UK parliament has enacted legislation named the Eat Local Act 2022. This Act allows local grocery stores to obtain orders only from consumers who are currently residing within the surrounded premises of the store they are ordering from. Hence, prohibiting the grocery stores from obtaining orders from customers residing in areas they do not hold a licence for operating their business. This provision has been mentioned in Section 1 of the said Act. In addition, Section 2 of the Act states that local councils of the counties present in the nation have the right to refuse the applications for licenses for the reduction of competitiveness within the local businesses present in the nation. Due to the application of this Act, the county of North Shire is known to allow the licensing of a total of four online grocery retailers.
Concerning this step, the local authorities of the North Shire County have refused the providence of license to Nomado, Resco’s, and Caterose, which are supermarkets based on their storage facility is far away from their operating areas. This is considered by the Council to be environmentally harmful to the residents of North Shire County. The management of the above grocery retailers strongly agrees that this decision is unfair and is known to cause a loss in their business opportunities. Nomado is known to have its warehouse located 20 miles south of the county; despite their claim explained for applying for a licence to conduct online business in the region has not been provided with the licence. Caterose, which does not have a local store in the county, having its warehouse located 125 miles from North Shire, has been refused a licence from the local authority.
The reason behind the refusal has not been clearly stated by the local authorities of the Council.
Lastly, Resco has been refused the licence from the Council as the Council Chair of North Shire County expressed a personal incident that caused the death of their daughter due to an allergic reaction from calamari purchased from the supermarket. Even though Resco has been widely recognised for its contribution to the reduction of carbon footprint by operating its warehouse 600 miles from the county and actively providing groceries obtained from the local farmers of the North Shire County. In comparison, Redbury's, having a local branch located opposite Resco's, has been provided with the licence to conduct their online business despite having their warehouse located 100 miles south of North Shire, and no local shop is involved in online purchase processing.
According to The Electronic Commerce (EC Directive) Regulations 2002, all stores involved online delivery of goods are obligated to provide their consumers with the steps required to make a purchase. A contract is defined by its terms and conditions. The customer must be able to duplicate and store this information. It is also obligated to provide a precise price of the product and the cost of shipping and taxes incurred from the service. In addition, in the UK, the UK food legislation applies when a shop sells food through mail orders or the internet (legistlation.gov.uk). The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 is the primary legislation governing distance selling. All commodities sold through distance selling are covered by this rule; it is not limited to food. The following are some of the more specialised areas of law: safety, record-keeping, removal of goods, customer dissatisfaction, a clean and healthy environment, labelling, custom-tailored to your particular line of culinary products. There is a primary focus on the quality of food that is delivered to the customer. The following things are protected by the law: information that the seller must offer to the buyer before the deal may be finalised, contract cancellation rights, payment restitution in the event of cancellation, consumer's return of products that had been cancelled at home or office deliveries of food and beverages (legistlation.gov.uk).
Furthermore, in the UK, all food safety regulations apply to all firms in the food industry, submitting an environmental health registration form to the local government. This is mandatory under the Food Safety Act, 1990 (legistlation.gov.uk). In addition, A violation of the Competition Act 1998 is punishable by up to a year in prison and a fine of up to £25,000 per day. Companies that misuse their position of power to undermine competition are included below. A violation of EU treaty articles 101 and 102 that has an impact on commerce between member states shall be dealt with in accordance with those provisions. The CMA is in charge of enforcing the law as well (legistlation.gov.uk). It is against the law for companies to make anti-competitive agreements and exploit their market dominance. Competition law in the United Kingdom forbids anti-competitive behaviour.
Alongside these provisions, the Licensing Act 2003 of the UK is only applicable to businesses that are known for selling alcoholic drinks. The Licensing Act 2003 governs the licencing of establishments that sell alcoholic beverages in England and Wales. In the United Kingdom, it serves as the foundation of alcohol legislation and specifies the rules for any company selling alcohol, including which licences they must seek and what they must do to conduct their business in a responsible manner. Along with these licenced activities, late-night refreshment and controlled entertainment (such as presenting a movie or sporting event) are governed by the Act. By law, you need to apply for a licence from your licencing authority (LA). Generally, a local council is able to carry out certain regulated activities. The LA is obliged to have a licencing committee to accept or refuse any applications. The Home Office is in charge of all aspects of alcohol licencing legislation and regulation (legistlation.gov.uk). In defence of this Act, the grocery stores are only involved in the sale of grocery items.
Thus, the Eat Local Act’s provisions for having a licence to operate within a certain premise are arbitrary and are known to cause a financial loss for these businesses that are willing to operate their business in the nation. Therefore, the three grocery stores have the right to claim a judicial review for the biased Act that is known to cause biases and loss for such businesses. Judicial review is the judiciary's ability to analyse the activities of the legislative, executive, and administrative branches of government to see whether they are in accordance with the constitution is known as judicial review. Controversial actions are ruled unlawful and consequently invalid (Neal Tate). To appeal for a judicial review, the organisations are required to appeal the case to an Upper Tribunal or in the High Court. Magistrates and county courts are only eligible for the review of the decision (Courts and Tribunals Judiciary).
The above essay has been conducted to determine the legality of the legislation passed by the UK parliament to reduce the chances of food shortage and decrease competition among the local businesses within the nation. The Eat Local Act, 2022 is categorised as arbitrator legislation as it prohibits the right to conduct online business in grocery stores due to their geographical location. In addition, the licensing provisions demarcated by the Act are known to show personal bias against a grocery store. Furthermore, the licensing system is also not appropriate as they are unable to address the issues or grounds for rejecting the license of the organisation. This showcases that the licensing authority might be involved in the Act of corruption and favouring the ones that are bribing for acquiring a license. Hence, this practice is both unfair to the business and the legality of the situation. Therefore, the essay has provided valid grounds for claiming a judicial review regarding the Act.
Black’s Law Dictionary, ‘Individual’ < https://thelawdictionary.org/individual/> accessed 04 April 2022
Britannica, ‘state’ < https://www.britannica.com/topic/state-sovereign-political-entity > accessed 04 April 2022
C. Neal Tate, ‘judicial review’ < https://www.britannica.com/topic/judicial-review> accessed 04 April 2022
Courts and Tribunals Judiciary, ‘Appeals process’ < https://www.judiciary.uk/you-and-the-judiciary/appeals-process> accessed 04 April 2022
Legistlation.gov.uk, ‘Competition Act 1998’ < https://www.legislation.gov.uk/ukpga/1998/41/contents> accessed 04 April 2022
Legistlation.gov.uk, ‘Food Safety Act, 1990’ < https://www.legislation.gov.uk/ukpga/1990/16/contents> accessed 04 April 2022
Legistlation.gov.uk, ‘Licensing Act 2003’ < https://www.legislation.gov.uk/ukpga/2003/17/contents> accessed 04 April 2022
Legistlation.gov.uk, ‘The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013’ < https://www.legislation.gov.uk/uksi/2013/3134/contents > accessed 04 April 2022
Legistlation.gov.uk, ‘The Electronic Commerce (EC Directive) Regulations 2002’ < https://www.legislation.gov.uk/uksi/2002/2013/contents > accessed 04 April 2022
LAW1121 English Law and Legal Method Assignment Sample
“While speaking of Parliamentary intention may be said to remind the courts of the need to avoid crossing the important constitutional line between interpreting and legislating, and in that sense it is a constant reminder of the separation of powers, it can too easily become a mask for judges to hide their true reasoning.”
Andrew Burrows, Thinking About Statutes (Cambridge 2018) 18
How should the meaning of statutes be determined?
Instructions for essay writing help -
• Write an essay plan (one side of A4 – font size 11 minimum) and research an initial bibliography for answering the question above.
• Your seminar tutor will contact you to arrange to meet for 15 minutes to discuss your plan.
• This plan will be the basis for the 2,000 word formative and summative that you will write.
• Do not submit your plan to your tutor, just bring it to the meeting to discuss it with them.
• Meetings will occur in the weeks beginning the 29th Nov or the 6th of December.
• Meetings may be in person or online via Teams/Zoom.
• Due to the number of meetings each tutor has, meetings will need to start and end on time and it will be almost impossible to rearrange meetings if they are missed.
Status is defined as the legislative law that has been passed through a body including legislative courts and parliaments. There is also a need for the firms to ensure that there is strong importance among the people in terms of obtaining their rights. Status plays an important in society in deciding the impact on the workplace for having a strong presence in the workplace (Kovacs, 2020). The statuesplay an important role in ensuring that there is a separation of power and also ensuring that there is a serving of justice among the people.
This report takes into consideration the role of the parliament and also ensures that there is a decision regarding constitutional importance. The significance of the consent is also important for the companies to ensure that there is a strong benefit for the work. The case study that is taken into consideration for the analysis is Thinking About Statues written by Andrew Burrows(Avant, 2022). The main intention of conducting the research is to find out the important ways in which the meaning of the statutes is determined.
The parliamentary intention is identified to be the method that is used for making sure that there are strong characteristics through a single mind. It is also true that there are members from a group there is complete growth to ensure that there is strong growth in the workplace.
The implementation of the Parliament is also done for making sure that there is strong approval to ensure that there is the presence of house of commerce. There is also the presence of parliament and there is also government are considered to be very much independent to ensure that there is control for each other. There is also the presence of courts and interpretation of the legislation is done in a manner so that there is the development of law.
While analyzing the Statutes, there is a continuous form of growth among how the judges determine the meaning of the statute. The different ways to deal with the growth include restrictive, the literal,and being more and more permissive. There is also a need for knowing that making sure that there is a Purposive Approach is done for giving the true purpose of the legislation. The use of the word legislation is also needed to be used for making sure that the understanding in terms of the purpose of the specific legislation is also important (Eskridge et al.2020). Making identification of the Purpose is also considered to be important for the companies to ensure that there is growth among the staff. The use of the Pendulum has also swung for the purposive method regarding the construction to ensure that there is growth for the work.
The use of the Golden Rule is done for making sure that there is the possibility of making sure that there is literal meaning for the act (Aziz et al. 2021, pp.209-230). Along with this, it is also true that there is the possibility of making use of the Statutory interpretation of the application to ensure the application of the literal rule. There is the possibility of the Golden Rule to have their statute their basic and as a result of this, the presence of the illogical result is very much unlikely. Along with this, it is also true that there is the presence of the golden rule to ensure that it allows the judge to get completely departed from the meaning(Law, 2022). Along with this, it is also true that there are two different approaches through which the use of the Golden rule is done. The first rule if the Golden Approach and the second rule is the Narrow approach to ensure that it is used for literal meaning.
The use of the narrow approach is done at a time when there is the capability of having multiple literal meanings. Based on the narrow approach, there is the possibility of making sure that there is complete avoidance of the absurdity (Desai, 2020). The use of the narrow approach is done to ensure strong benefit for the staff in the workplace. This use of the golden rule is often used in making sure that normal definition is differentiated completely in the workplace. For example, during the time of the marriage-related cases, it is found that there is the possibility of finding a person to be guilty of a specific offense(Law, 2022). Under any form of general and internal interpretation, there is the offense of ensuring the complete absurdity of the result. However, there is also the possibility of making application of the Golden Rule during the time there is the narrow approach. The use of the narrow approach implies that the word many is interpreted differently and as a result of this the judgment is mitigated.
On the other hand, the use of the broad approach is also considered to be influential only when there is a literal meaning. But on the other hand, it is also true that the application of the broad approach is considered to be completely absurd in the workplace. There is various form of cases where the definition of absurdity is used and as a result of this, there is mitigation of judgment (Lemley, 2020). For example, under a specific act, it is considered to be an offense to ensure that there is a general vicinity for a prohibited place. The defendantregarding this casemakes use of personal liberty to enter a place that is completely prohibited for entry. In this case, the use of the Golden rule is applied by the court to ensure that there is a complete deduction of the individual choice. As a result of this, the court observed that there is the possibility of ensuring that a place is liable for being a completely forbidden place(Law, 2022). Hence, the process of conviction of the defendant was upheld completely before the law under the legal observation. Hence, it is true that the style of observation plays an important role in deciding the judgment in the court.
There is also the presence of the Mischief rule in making sure that there is a complete attempt to ensure rectification. The main role of any court is to ensure that there is a presence of Original Legislation to ensure that there is a full attempt to make identification of what is the fact that the parliament is trying to accomplish. In the case of the mischief rule, there is a need for the court to take into consideration the previous law based on which new law is created (Solan, 2020, pp.283-298). The main reason behind this is to find what was wrong that was corrected to the government in the new judgment. There is also a focus on how a parliament is looking to correcthow the law is being corrected. Such changes help the courts to gain indication regarding the direction of the parliament and as a result of this such mindset is used to make final judgment regarding the court (Huggins, 2020). Along with this, it is also true that the application of the rule is considered to be challenging to ensure that there is the development of work. Along with this, it is also true that there is a need for ensuring strong acts and as a result of this strong defection and also limitation within the law. It is also true that the specific interpretation is also important for the companies to ensure that there is complete defection to be adopted(Law, 2022). In such cases, there is also a need for ensuring that there is the possibility of ensuring challenge in ensuring strong defections.
On the other hand, the Purposive approach also ensures that there is complete focus on ensuring that there is a presence of parliament to ensure the establishment of new legislation. There is a chance of ensuring that Judges are also needed to be consultative to ensure that there is a strong benefit for the work (Choi, 2020). The use of the doctrine in thetranscripts is done to ensure that there is the actual intention of the government within the parliament. The use of the Purposive approach is done under the guidance of the European Union (EU) to ensure that there is a specific attempt to play an abstract role in the workplace. The use of the specific legislation developed by the EU is followed by various nations such as the United Kingdom to ensure effectiveness for the work. The presence of the judges is also done for making sure that there is a purposive approach to ensure the application of the EU law. The main reason for making use of the EU version is that there is a separate interpretation of legislation at the time when it gets translated intoa different language(Law, 2022). The main reason behind the use of the Purposive approach is that there is an interpretation of strong words to ensure benefit. The use of the purposive approach is that there is a presence of strong legislation to ensure that there is the interpretation of words. Hence, in such cases, there is an allowance for the judges to act in a certain way if they find the specific intention behind the legislation. There is also the help of various tools that can be used by the judges during the time of the legislation to ensure benefit in making a judgment. The tools include Extrinsic sourcessuch as non-legal words, the presence of textbooks, and find out the point of view of the law. The presence of the judges is also done to make sure that there is a creation for the work (Laser, 2020). But on the other hand, there is no power among the courts to make any form of amendment in the laws as per their will.
Hence, it is true that there is the presence of specific guideline that helps the applicants to ensure that there are specific boundaries. Even though there isa specific judgment that is used by the governments to ensure that there is the presence of General words and as a result of this there is a presence of the same nature. The use of specific language is also used by the statute that contains specific language that is followed by terms such as “the other”. In such cases, when the courts make use of judgment for any specific group of people then the legislation applies particularly for them(Law, 2022). The use of the term ‘ExpressioUnius Est ExclusionAlterius’ is also identified as a language that is used for ensuring the exclusion of one word for another. In such cases, the expression is included and the factors outside the work are completely excluded in the workplace. The presence of such journalists is also done for making sure that there is a presence of limestone to ensure that there is the development of the work(Law, 2022). On the other hand, it is also true that NosciturASociisis also influential for the companies to ensure complete ambiguous words to ensure that is dependent on the way it is used.
There is also a need for making sure that there is a presence of non-standard interpretation to ensure admission of the context ofEuropean human rights. There is also a need to ensure that there is growth for non-standard interpretation to ensure the statute is strained completely. There is also a need for ensuring non-standard interpretation to ensure thatsuch form of important factors plays a major role in the workplace.
Based on the above analysis, it is concluded that the process of determination of the statutes is done by the court during the time of legislation. The perception and also the tendency behind making the law plays an important role in defining the boundaries for the work. The implementation of this law and the intention behind making changes in the laws by parliament is also considered by the court to make a judgment in their laws. The presence of the specific language is also considered to be important in terms of making sure that there is growth for work.
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