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Explain the balance of power within the UK constitution

ASSESSMENT- TMA02 

QUESTION 1 (1350 words)

Answer the following question in the style of an essay.

Sections 3 and 4 of the Human Rights Act 1998 have changed the balance of power within the UK constitution, undermining the doctrine of Parliamentary Sovereignty. This is because courts are no longer required to adopt a deferential attitude towards Parliament.

Critically evaluate this statement, providing examples from key case law.

The essay requires you to:

• explain the balance of power within the UK constitution
• analyse the impact of Sections 3 and 4 of the Human Rights Act 1998 on the balance of power in the UK constitution
• evaluate, providing key examples from the case law, whether courts, by applying Sections 3 and 4 of the Human Rights Act, have become less deferential towards Parliament’s will
• throughout the entire essay, develop an argument which will either agree or disagree with the statement.

You should reflect on your submission and feedback for TMA 01 when completing this assignment.

QUESTION 2 (150 words)

Select one piece of developmental feedback from your tutor for TMA 01 that identifies an area for improvement relevant to this TMA, other than in relation to referencing technique. Complete a short piece of reflective writing explaining how you have implemented that feedback in completing Question 1 of TMA 02. (10 marks)

Sections 3 and 4 of the Human Rights Act 1998 have changed the balance of power within the UK constitution, undermining the doctrine of Parliamentary Sovereignty. This is because courts are no longer required to adopt a deferential attitude towards Parliament.