Fundamentals of Constitutional and Administrative Law

Fundamentals of Constitutional and Administrative Law
Paper details

Part one need 1000 words of slide format. Part two is a problem solving for 2000 words. PLs use the requested book list and OSCOLA method. Need the point form for professor approve!

Assignment Brief

As part of the formal assessment for the LLB (Hons) Common Law you are required to submit a Fundamentals of Constitutional & Administrative Law assignment. Please refer to your Student Handbook for full details of the programme assessment scheme and general information on preparing and submitting assignments.

Key Text (recommended to purchase):

Barnett, H., Constitutional & Administrative Law (9th Edition, Routledge Cavendish 2011)

Other:
Parpworth, N., Constitutional & Administrative Law (8th Edition, Palgrave Macmillan 2012) Bradley & Ewing, Constitutional & Administrative Law (15th Edition, Longman 2010

You must use the OSCOLA referencing method in your assignment.

Learning Outcomes:

After completing the module you should be able to:
1. Demonstrate knowledge and understanding of the principles of constitutional and administrative law
2. Explain aspects of constitutional and administrative law in relation to the political, historical and social context
3. Apply principles of constitutional and administrative law to basic problem scenarios
4. Communicate knowledge and understanding in written form using appropriate legal terminology.

This assignment will assess Learning Outcomes 1, 2, 3 & 4.

The Assessment

This assessment is in two parts – you must answer both parts;

Part 1 – A 10 minute narrated presentation supported by PowerPoint slides (40%)

Part 2 – A 2000 word written answer to a problem style question (60%)

Assignment Task
Part 1
You are required to deliver a 10 minute presentation supported by PowerPoint slides (maximum of 10) on the following topic:

Present the doctrine of separation of powers and discuss to what extent the Constitutional Reform Act 2005 has affected the operation of the principle within the UK constitution. (around 1000 words)

Part 2
Parliament has passed a new Act called the Hygiene Powers Act 2012 (a fictitious Act). Section 5 of the Act empowers the Local Authority to set hygiene standards for local restaurants, and they are also empowered to close any restaurant that in their opinion fails to meet „the set hygiene standards?. Section 6 of the Act gives the Local Authority discretion to set their own hygiene standards. Section 7 requires the Local Authority to give a restaurant found to be in breach of such standards 28 days to remedy the breach, and section 8 gives a right of appeal against any order of closure made by the Local Authority.
In April 2013, the Local Authority decided to appoint Cleanest Associates, a local hygiene consultancy company, and gave them the power to set the hygiene standards and to make recommendations to the council as to which restaurants are in breach of such standards and which should be closed.

In September 2013, Tapese Spanish restaurant received an unannounced visit from Cleanest Associates during closing hours and has been cited as being in breach of the hygiene standards and should close immediately.

Outline the function and procedure of a claim in judicial review. Examine whether the decision made by Cleanest Associates could be subject to an action in judicial review and on what grounds?

Guidelines:
You MUST underpin your analysis and evaluation of the key issues with appropriate and wide ranging case law and ensure this is referenced using the OSCOLA system. The My Study Skills Area contains an OSCOLA Referencing Interactive Tutorial. You must use the OSCOLA referencing method in your assignment.
OSCOLA Referencing

What is Referencing

A referencing system gives credit to sources that you have used in your writing. They provide shortcuts to the authority which is used to support your arguments and ideas. A referencing system provides you with the essential means to attribute the work of other authors in your writing. This is essential at both undergraduate and postgraduate level. There are a variety of referencing systems, some of which are subject specific. The requirement of the LLB Common Law is that you use OSCOLA (Oxford Standard Citation of Legal Authorities)

Submission Instructions:

On the Fundamentals of Constitutional and Administrative Law homepage you will see two separate areas. One for Part 1 and a separate one for Part 2 of this assessment. Please ensure that you upload both pieces of work, to each portal by the assessment deadline.

Additional notes:

Word count: 4000 words (maximum) total for both Part A and Part B

The word count excludes the title page, reference list and appendices. Where assessment questions have been reprinted from the assessment brief these will also be excluded from the word count. ALL other printed words ARE included in the word count. Printed words include those contained within charts and tables. See ‘Word Count Policy’ on the home page of this module for more information.