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FACULTY OF BUSINESS AND SOCIETY
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Final mark awarded:_____ |
Assessment Cover Sheet and Feedback Form 2019/20
| Module Code:
LC2S176/LC3S232 |
Module Title:
Law on Trial |
Module Lecturer:
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| Assessment Title and Tasks:
The Journal |
Assessment No.
1 of 1 |
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| No. of pages submitted in total including this page:
Completed by student |
Word Count of submission
(if applicable): Completed by student |
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| Date Set:
July 2019 |
5pm Friday 15en August 2020 | Return Date:
With results in June |
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| Part A: Record of Submission (to be completed by Student) | |
| Extenuating Circumstances
If there are any exceptional circumstances that may have affected your ability to undertake or submit this assignment, make sure you contact the Advice Centre on your campus prior to your submission deadline. |
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| Fit to sit policy:
The University operates a fit to sit policy whereby you, in submitting or presenting yourself for an assessment, are declaring that you are fit to sit the assessment. You cannot subsequently claim that your performance in this assessment was affected by extenuating factors. |
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| Plagiarism and Unfair Practice Declaration:
By submitting this assessment, you declare that it is your own work and that the sources of information and material you have used (including the internet) have been fully identified and properly acknowledged as required[1]. Additionally, the work presented has not been submitted for any other assessment. You also understand that the Faculty reserves the right to investigate allegations of plagiarism or unfair practice which, if proven, could result in a fail in this assessment and may affect your progress. |
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| Intellectual Property and Retention of Student Work:
You understand that the University will retain a copy of any assessments submitted electronically for evidence and quality assurance purposes; requests for the removal of assessments will only be considered if the work contains information that is either politically and/or commercially sensitive (as determined by the University) and where requests are made by the relevant module leader or dissertation supervisor. |
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| Details of Submission:
No 5 day extension period – submit by the deadline or apply for ECs |
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| You are required to acknowledge that you have read the above statements by writing your student number (s) in the box: | Student Number(s): |
IT IS YOUR RESPONSIBILITY TO KEEP A RECORD OF ALL WORK SUBMITTED
| Part B: Marking and Assessment | |||||||||||||
| This assignment will be marked out of 100%
This assignment contributes to 100% of the total module marks. The word limit is 6000 words. Assessment Task: Your Journal should contain 4 journal entries plus 4 workshop reflections from the following topics. 1. Theoretical Perspectives: Natural Law and Legal Positivism
Each Journal entry will be marked out of and contribute 20% to your overall module mark. So, 80% in total. Your workshop reflections account for 20% of the module marks and will be based on your attendance, engagement and participation in this module. The workshops for your journal entries are compulsory and you will be required to attend, participate and complete the workshop reflections for inclusion in the Journal. The reflections must be signed off by the module leader. 20% in total. Choose four of the following questions 1. Theoretical Perspectives: Natural Law and Legal Positivism Choose ONE of the following questions “Both in its preamble and in Article 6, the Irish Constitution acknowledges God as the ultimate source of all authority. The natural or human rights it contains are part of what is generally called the natural law. The natural law as a theological concept is the law of God promulgated by reason and is the ultimate governor of all the laws of men.” Discuss this statement through the lens of Natural Law and Legal Positivist perspectives OR According to classical natural law theory positive laws get much of their force from the degree to which they conform with natural law and to be authoritative in the eyes of citizens they have to properly conform. Choose a case study which highlights this tension and discuss applying both Natural Law and Legal Positivist views. OR The UN Deputy High Commissioner for Human Rights has claimed that the US policy on abortion is a form of extremist hate that amounts to the torture of women. Kate Gimore argued that the attack on women’s rights in the US was a “crisis”, organised and well-resourced by very extremist groups. Consider the competing arguments around this issue by applying Natural Law and Legal Positivist views.
Choose ONE of the following questions Misconduct in public office is a common law offence. That means its ingredients are not set out in any Act of Parliament, they must be deduced from case-law. There is nothing wrong with that in itself. There are still quite a few common law crimes, notably murder, some types of manslaughter and perverting the course of justice. It does not necessarily mean that their definition is any less clear than that of statutory crimes. However, the Law Commission argues: “The offence is widely considered to be ill-defined and has been subject to recent criticism by the Government, the Court of Appeal, the press and legal academics.” Law Commission, Reforming Misconduct in Public Office, A consultation paper, Consultation paper No. 229 Discuss whether the common law offence of misconduct in a public office conforms to the rule of law. OR In his explanation of the rule of law, Bingham proposes eight essential sub-principles, each of which he illustrates with examples. Choose one of Bingham’s principles and with reference to your own examples assess whether the English Legal System can be said to conform to the rule of law.
The Chilcot Report found that the decision of Tony Blair’s cabinet to invade Iraq was made in circumstances that were “far from satisfactory”. The inquiry did not reach a view on the legality of the war, saying this could only be assessed by a “properly constituted and internationally recognised court”, but did make a damning assessment of how the decision was made. The process for deciding that the war was legal is described as “perfunctory” by the inquiry, while “no formal record was made of that decision, and the precise grounds on which it was made remains unclear.” Provide an analysis of the legality of the Iraq War.
Keir Starmer, a former Director of Public Prosecutions [DPP], who oversaw dozens of terror cases, said Theresa May was misguided to focus on human rights law rather than policing cuts. Starmer argued there is no incompatibility between protecting human rights and taking effective action against terrorists and that if we start throwing away our adherence to human rights in response to terrorism we are throwing away the values at the heart of our democracy, everything that we say we believe in. Consider the relevance of this statement in light of either the UK’s legislative response to the IRA threat or to Al Qaeda/Islamic State/ISIS threat.
Answer ONE of the following questions on the appropriate role for judges in a 21st Century democracy. In the High Court, Lord Justice Laws took a strong constitutional stance against judicial intervention in government decisions in his rejection of claims that the bedroom tax is discriminatory. In R (MA and Others) v Secretary of State for Work and Pensions (30 July 2013) he argued that “[t]he cause of constitutional rights is not best served by an ambitious expansion of judicial territory, for the courts are not the proper arbiters of political controversy.” Do you agree? OR Lord Sumption argued that Article 8, ECHR, was originally devised as a protection against the surveillance state by totalitarian governments. He continued that “in the hands of the Strasbourg court it has been extended to cover the legal status of illegitimate children, immigration and deportation, extradition, aspects of criminal sentencing, abortion, homosexuality, assisted suicide, child abduction, the law of landlord and tenant, and a great deal else besides.” These are contentious issues which would previously have been regarded as questions for political debate, administrative discretion or social convention. Now they are questions of law in which governments and parliaments are prevented from immediately getting their way; they can only argue their position before a court of law. Discuss with reference to decided cases. 6. The Criminal Justice System: Race Choose ONE of the following questions; In 2014 the Ellison Review found that Scotland Yard planted “a spy in the Lawrence family camp” – whose existence was previously concealed, even from the Macpherson Inquiry. Ellison revealed the spy and other undercover officers gathered personal details about Doreen and Neville Lawrence, the parents of the murdered teenager. The information obtained included “discussion of the progress, reasons and details of the decisions made by the Lawrence family” connected to their campaign to force the Metropolitan police to investigate their son’s racist murder properly. They also gathered information on Duwayne Brooks, Stephen’s friend in an attempt to discredit him. Discuss the impact of race on victim status in the eyes of the police. OR Following its inquiry into the Stephen Lawrence murder, the Macpherson Report made over 70 recommendations for reform of the English Legal System. Choose no more than two and assess the impact of the reform. OR Recent figures revealed that Scotland Yard’s attempt to tackle violent knife crime in London has prompted a five-fold increase in the number of stop and searches under controversial powers. Searches under Section 60 Criminal Justice and Public Order Act 1994 [a power which does not require reasonable suspicion] had increased 219% in London from 1,836 in 2017-18 to 9,599 in 2018-19. Critics argue that stop and search powers are frequently misused, disproportionately targeting black people, undermining community relations and are ultimately ineffective at reducing crime. Discuss with particular reference to Critical Race Theory.
Choose ONE of the following questions; In December 2018, a YouGov survey of 4,000 people reported that 33% of men, and 21% of women, didn’t think it would necessarily count as rape if a woman had flirted with them on a date but later changed her mind about having sex. Further, if found that 24% of men don’t think non-consensual sex in a long-term relationship would usually be considered rape. Given the clarity of the law in section 1 of the Sexual Offences Act 2003 consider the reasons for the prevalence of rape myths in the 21st century. ORThe End Violence Against Women Coalition highlighted that the generational divide may damage the outcome of rape trials if jurors have more outdated views on definitions of rape. The group stated that many of the cases being reported to the police are younger women who have a clear view of consent, which may not be shared by many of the people who make up juries. Discuss in light of the problems encountered by the criminal justice system in the prosecution of rape cases. ORIn December 1919, Parliament passed the Sex Disqualification (Removal) Act allowing women more equal status with men in certain areas. It allowed women such as Helena Normanton to enter the legal profession, and women including Gertrude Tuckwell to become magistrates. It also enabled women to enter other professions, such as chartered accountancy, veterinary medicine, and the higher ranks of parts of the civil service for the first time. It also permitted universities to award women degrees. Despite these reforms, the Act has been judged harshly by many historians who claim it did not go far enough. Through independent research critically analyse the reforms and missed opportunities of the Sex Disqualification (Removal) Act 1919. 8. Case Study: Marxist Approach to Law The Grenfell tragedy can best be understood as a form of social murder – that is, that the disaster arose due to negligence; the placing of profit over the well-being of people, long term national policy decisions on the deregulation of building regulations and social housing; and acts of omission on the part of the local authorities charged with the care of those living within Grenfell Tower. Discuss. OR The usual state response to a tragedy or matter of national concern is the establishment of a judge-led inquiry. There have been a number of public inquires over recent years but the impression left, more strongly than ever, is that lawyers and the law are there to protect the powerful and the wealthy. It seems that the closest the powerful and wealthy come to scrutiny is through a process that lacks the power to look at them closely, and even then they will employ lawyers to frustrate acts of scrutiny. Discuss with reference to a case study of your choice.
Choose ONE of the following case studies and provide an analysis using the three models of legislative lawmaking; The Tenant Fees Bill received Royal Assent on 12th February 2019. From 1 June the Act will improve security for tenants, including capping security deposits at no more than 5 weeks’ rent and holding deposits at no more than 1 week’s rent. It also provides for a national database of rogue landlords and agents to keep track of those that have been banned from letting and requires a comprehensive review of the rating system used by local authorities to assess the presence of serious risks to the health and safety of tenants. ORThe Civil Partnerships, Marriages and Deaths (Registration etc) Bill received Royal Assent on 26 March 2019, having completed all its parliamentary stages. It came into force on 26 May 2019. Rebecca Steinfield, the campaigner responsible for the change to the law on civil partnerships outlined her motivation as follows; “At beginning it was feminism. We are partners in life and wanted to be partners in law too. We wanted to formalise our relationship free from the baggage of marriage with its problematic gendered symbols, associations and traditions. Civil partnerships existed – there was no need to create anything new, just open them to all.” Source: http://equalcivilpartnerships.org.uk/2019/05/beyond-marriage-rebecca-steinfeld/
Answer ONE of the following questions; The Lammy Review published in September 2017, said that people from black, Asian and minority ethnic backgrounds make up 25% of the prison population and 41% of the youth justice system – but only 14% of the general population. Further, ethnic minority groups make up only 11% of magistrates and 7% of judges. As a result, Lammy had called for a national target to achieve representation in the courts by 2025. However, the Justice Secretary responded saying a target would be “the wrong way to attack this particular objective” and he was looking at alternatives. He told BBC Radio 4’s Today programme: “When you look at the judges, you have got a group of people who have been practising in law perhaps for 20 years… because we need people who are experienced, who are expert, to sit on the bench.” Discuss. ORThe Equality Act 2010 has sufficiently expanded the number of protected characteristics to nine. The scope of the law is now broad enough to offer complete protection for all forms of discrimination on the basis of a particular characteristic. Discuss. OR In 1965, the UK formally recognised the concept of discrimination in law. In 2019, a consultation process on cconfidentiality clauses was initiated. These clauses, also known as non-disclosure agreements or NDAs, are provisions which seek to prohibit the disclosure of information. They serve a useful and legitimate purpose in the employment context, as part of both employment contracts and settlement agreements. However, a number of cases have come to light where employers have used confidentiality clauses to intimidate and prevent victims of workplace harassment or discrimination from speaking out. A confidentiality clause might make a worker believe that they cannot discuss anything that occurs in the workplace with anybody and so prevent them from claiming the protection of the law.Discuss.
Following the failure of the jury to reach a verdict in the recent prosecution of David Duckenfield, Sue Hemming, the CPS legal director, said in a statement: “We have discussed the matter carefully with counsel and I can confirm the CPS will seek a retrial against Mr Duckenfield for manslaughter by gross negligence of 95 men, women and children.” Evaluate the ways in which the legal system has sought to bring justice for the victims of the Hillsborough tragedy.
The Female Genital Mutilation Act 2003 (as amended) contains criminal and civil law provisions designed to protect those at risk of female genital mutilation (FGM) and to punish those who perform or organise FGM. The legislation has been subject to praise and criticism, which reflects the fact that the practice of performing genital alterations on females is supported by some and condemned by others. Evaluate the provisions of the Female Genital Mutilation Act 2003: From a feminist perspective; From a race /cultural perspective; or From a feminist perspective and a race / cultural perspective.
Settlement conferences originated in Canada as an innovative and less adversarial model for reaching decisions in public and private family law cases. The approach was piloted by the judiciary in several family courts in England and Wales from June 2016. The role of the judge is to ‘level the playing field’ for all parties, focus on the main issues of the case and guide outcomes in the best interests of the child. Consider the advantages of this method for settling a dispute over the traditional, adversarial process. OR Inequality of arms (the right to a fair trial) for bereaved families has been raised in a number of reports in particular those where the State has legal representation and bereaved families do not. The House of Commons Justice Select Committee has urged the government to revisit the issue of legal aid at inquests. In a public letter to David Gauke MP, the Committee said it was ‘fundamentally unfair for public bodies to have legal representation at the highest level of expertise whilst bereaved families are unrepresented – especially in relation to deaths in custody’. Evaluate recent legal developments in respect of this issue.
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| Learning Outcomes to be assessed (as specified in the validated module descriptor http://icis.glam.ac.uk):
LC2S176 1. Critically evaluate the role of law, legal institutions and personnel in contemporary society and their interaction with key concepts and developments, 2. Explain the relationship of law and the legal system to other value systems, 3. Display competence in a range of generic and legal skills, LC3S232 1. Critically evaluate the role of law, legal institutions and personnel in contemporary society and their interaction with key concepts and developments, 2. Evaluate the relationship of law and the legal system to other value systems, 3. Display competence in a range of generic and legal skills.
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| Grading Criteria:
Please refer to the School’s marking criteria available on the module Blackboard site. · Journal entries will be marked out of 20 and will account for 80% of the module mark · Workshop reflections will account for 20% of the module mark |
[1] University Academic Misconduct Regulations
