Ritically assess what impact the Human Rights Act 1998 has had in relation to the UK Constitution
1st 70%+ you must demonstrate a very high level of knowledge in the area. You must also demonstrate a very high ability to analyse the issues, be able to relate the knowledge in a succinct manner with issues surrounding it.
2:1 60-69% you must demonstrate a very high knowledge level in the area. You must also be able to demonstrate eth ability to analyse the issues.
2:2 50-59% You must demonstrate a good knowledge level of the area and demonstrate an attempt at analysing the issues, i.e. attempting to link the knowledge to issues related to the topic.
Critically assess what impact the Human Rights Act 1998 has had in relation to the UK constitution
For some reason it will not let me attach this file so I have copied the instructions u need here
Public Law Coursework Tips
Tue, Sep 30, 2008 -A few cases to read up on
Ramanauskas v Lithunia  Crim.LR 639 article 6 ECHR entrapment
DPP v Haw  Crim. LR 562 article 10 and 11 ECHR is an authorisation to allow a demonstration in the vicinity of Parliament incompatible with the ECHR
Luckhof and Spanner v Austria  Crim. LR 549 article 6 ECHR privilege agaisnt self-incrimination.
All threee cases will be useful for when we cover the Human Rights Act 1998 and the European Convention on Human Rights, with Haw being useful when we cover public order. All three of the cases are in the Criminal Law Review, which are available in the library.
Tue, Oct 07, 2008
1. It is not a question on the UK consitution, it is a question on the Human Rights Act (HRA). Of course you will some reference to the Uk constitution, but your primary foucs is the HRA;
2. Look at how it operates important is s.6 how public bodies must act in a way that is compatible with the European Convention on Human Rights (ECHR), how a person to claim their rights must show they are a victim (s 7 HRA) before they go to the courts, and how the appllette courts examine the issue and make a declaration of compatibility/incompatibility what happens if the declaration is one of incompatibility? Look at the HL decision in A and others.
3. What has the HRA actually done in relation to the ECHR in the UK? Why did the Government think it necessary to bring it in in 1998?
4. What does the decision in cases like A and others tell us about what the judiciary can do regarding legislation which they could not do prior to the HRA?
5. Research and pulling out relevant information on the Human Rights Act 1998 (i.e. relevant readings from textbooks, journal articles and key cases).
Tue, Nov 04, 2008
you look at any impact it has had on the Constitution. There are two key areas to consider:
1. The Act provides another form of redress by a citizen agaisnt the state;
2. The power of the judiciary to make declarations of incompatibility is the closest thing they have to saying that a statute is unconstitutional. A good example of this is the A and others case. That is the one you will be looking at in the next small group session.
As that is on the 27th November it may be too soon and too risky to do nothing in preparation for the PL CW until then. You will need to some work on this before that date. I will be going through how the HRA operates in this weeks lecture.
In essence, to do justice to this CW you will need to state (briefly) why the HRA was introduced and the aim of theh Act. You need to demonstrate how the Act operates. You must show and be able to critically assess the procedure under s 7 HRA and know who is a victim for the purposes of the Act. You must critically assess if the declaration of compatibility procedure by the judiciary does make any difference.
Some DO Not Do This At Home tips:
1. Do not go on about the history of the European Convention on Human Rights (ECHR), this does not answer the question;
2. Do not go through each article contained in the ECHR in turn in a very laborious and boring manner that is going to cure the markers insomnia, this does not answer the question;
3. Avoid simply writing a descriptive operation of the Act, you have to be analytical;
4. Do not use 1200 words talking about the Bringing Rights Home document brought out prior to the introduction of the HRA, this is not answering the question;
5. Do not put off reading up on the HRA until after the submission date for the CL CW this is a recipe for disaster.
To help get you started there is a draft chapter on the operation of the HRA in module content on the PL BB site, as well as the extended notes (that is also under module content beware before you print it off it is 250 pages long, so only print off what you need.)
Mon, Nov 10, 2008
In the Winter 2008 copy of the Public Law journal are 2 articles which you may find useful:
1. The continuing Futility of the Humsn Rights Act by Ewing and Tham
2. The Substance and Structure of Proportionality by Hickman
Thu, Nov 20, 2008
1. It is not a question on the constitution, just because the word constitution is in the title it is a question on the Human Rights Act 1998 (HRA) so do not go on about the UK constitution;
2. Do not try to approach the CW like the lectures you had with me do not go on about WW2 and how and why the Council of Europe was formed, do not go through each article of the ECHR in turn this will not be answering the question and will result in little or no marks being given;
3. Do say what the HRA does and why it was implemented;
4. Critically assess how the HRA operates;
5. Two areas it could be argued the HRA has had an impact on the consitution is firstly in the widening of who is eligable to be a victim to claim their rights (is it another form of judcial review?). Secondly the ability of the judiciary under s 3 HRA to make a declaration of non-compatibility is the closest the UK judiciary have got to saying an statute is unconsitutional you must use A and ors along with what the Govt did as a resault of that case as an example;
6. Do reference all your sources of informaiton, not just direct quotes. Incorrect or lack of referencing of sources will result in a reduction in your overall mark;
7. Do refer to the PL handbook on how to write an essay ie we do want to see paragraphs, an introduciton and a conclusion, a properly laid out bibliography (that hopefully cites more than one source!).
These are very important
Please use OSCOLA (the Oxford Standard for Citation of Legal Authorities) to refernce any materials as this is the only form accepted by my university.