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Assignment Briefs 11-01-2022

What is the problem, in terms of the rule of law, with the UK Parliament passing legislation that breaches international law? Can the UK Parliament even pass such legislation?

ASSIGNMENT INSTRUCTIONS – 010 Coursework Component 2

Module Title: Constitutional and Administrative Law                                           

Module Code: MOD008561 

Level:                   4

Academic Year: 2022/23                                                                           Trimester:          1

Module Leader: Ryan Hill

Instructions: Complete the task(s) set out below.

Word Limit: Maximum 3000 words excluding footnotes, bibliography and other items listed in Reg 6.83 of the ARU Academic Regulations.

What is the problem, in terms of the rule of law, with the UK Parliament passing legislation that breaches international law? Can the UK Parliament even pass such legislation?

Written assignments must not exceed the specified maximum number of words. When a written assignment is marked, the excessive use of words beyond the word limit is reflected in the academic judgement of the piece of work which results in a lower mark being awarded for the piece of work (Regs. 6.81-6.82).

Referencing: Work must be completed individually (see ARU Academic Honesty Policy) and be properly referenced using the OSCOLA system. It must include a Bibliography.

Submission Date: This assignment must be submitted via Turnitin by no later than
2pm on 13 December 2022

ASSESSMENT 010 explained:

Assessment 010 is the only Assessment in Constitutional and Administrative Law but the Assessment has two distinct Components. Each Component needs to be submitted separately. On Turnitin you will therefore see a submission space for Assessment 010 Component 1 and a separate one for Assessment 010 Component 2. It is important you submit each Component in the correct place.

Assessment 010 Component 1 is a work drawing on early learning in the module and planning an approach and response to the first part of Assessment 010 Component 2.

Assessment 010 Component 2 is a written piece of work that engages both early and later learning in the module by linking its first part to the planning work you will have done in Assessment 010 Component 1 as well as adding an ‘application of law’ dimension (a second part) not seen in Component 1.

Assessment 010 Component 2:

Look at the following scenario and the task below it:

The government is pushing through Parliament the Northern Ireland Protocol Bill that, if passed by Parliament and given Royal Assent, would allow the UK, in its domestic arrangements, to set aside parts of an international agreement made with the European Union regarding customs relationships between Northern Ireland and Great Britain. Such an action would, according to many legal experts, constitute a breach of international law. International law is a body of legal rules established and recognised by states as binding in their relations with one another. It is not, however, a source of UK law unless given effect through an Act of the UK parliament (see lecture and readings on sources of law).

Your task for Assessment 010 Component 2 (up to 3000 words):

Part 1:Write an essay that addresses the following questions:

What is the problem, in terms of the rule of law, with the UK Parliament passing legislation that breaches international law? Can the UK Parliament even pass such legislation?

Part 2: Advise John on the following:

John Smith decides that, if the Bill were to pass into law then he would challenge it via judicial review. He comes to you asking the following questions:

  • What is judicial review?
  • What is the process for applying for judicial review?
  • What would be the likelihood of the Administrative Court allowing the review?
  • If unsuccessful, John asks if there is any way this Act can be changed or even repealed?

ENSURE YOU ANSWER BOTH PART 1 and PART 2 OF COMPONENT 2 ABOVE.

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Links to important regulations / advice about late submissions etc.

Word Limit: Maximum 3000 words excluding footnotes, bibliography and other items listed in Reg 6.83 of the ARU Academic Regulations (Links to an external site.).

Written assignments must not exceed the specified maximum number of words. When a written assignment is marked, the excessive use of words beyond the word limit is reflected in the academic judgement of the piece of work which results in a lower mark being awarded for the piece of work (Regs. 6.81-6.82).

Referencing:  Work must be completed individually (see ARU Academic Honesty Policy Links to an external site.) and be properly referenced using the OSCOLA system Links to an external site. It must include a Bibliography.

Deadline extensions and late submission: 

Requests for extensions (Regs 6.64-6.80) will be considered by the Faculty Student Advisers. These must be received & agreed by the Faculty Student Advisers prior to the deadline. Please use extension request form on VLE > Services > My Forms.

Late Submission Process

If you have not submitted before your deadline (or extended deadline), you will be able to submit late, up to the maximum additional 2 working days, but you will incur a penalty.

Revised Late Submission Penalty:

Where a student submits late but still on the same date as their deadline (e.g., before midnight), they will receive a deduction of 10% of the total available marks, but never below the published pass mark. What is the problem, in terms of the rule of law, with the UK Parliament passing legislation that breaches international law? Can the UK Parliament even pass such legislation?

Thereafter, where a student submits late between midnight of their deadline and 2 working days past their deadline, their assessment mark will be capped at 40%.

Re-Assessment Arrangements:

Resits will be available in Tri 2 but are capped at max 40% unless one has mitigation.

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