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Common Law Reasoning and Institutions Essay Sample

Common Law Reasoning and Institutions Pages
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ou are to choose one of the following 6 topics following the guidelines as follows. Assess the validity of one of the statements in questions 1-3 1. ‘The approach of the Law Lords to statutory interpretation has been radically changed by the Human Rights Act. Judges now see themselves as legislating human rights through their interpretation of Acts of Parliament.’

2. ‘From the perspective of the UK Coalition Government’s austerity measures, the approach of the governments of Tony Blair and Gordon Brown to legal aid funding appears both principled and generous.’

3. ‘Although the Human Rights Act 1998 has impacted on the judicial understanding of precedent, the underlying features of the doctrine remain unchanged.’

Assess the validity of one of the statements in questions 4-6 with particular reference to at least one Jurisdiction other than England and Wales. 4. ‘The issues highlighted in the debate over miscarriages of Justice in England and Wales are not specific to that jurisdiction; they are of concern to all jurisdictions.’

5. ‘Apart from England and Wales all common law systems are a mixture of concepts, processes and principles inherited from contact with the United Kingdom but blended with local customs and other sources of law.’

6. ‘Attaining a representative judiciary is difficult but necessary to ensure public confidence in the rule of law and to avoid decision partial to one particular segment of society.’

The essay must be between 1,500 and 2,000 words with bibliography extra and must be submitted to us through the assignment handling tool on the Laws VLE by May 1st 2012. SUBMISSION IS MANDATORY. You will receive a mark of zero (0) for Part B of Question 1 of the CLRI paper if you do not submit your essay.

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