Highlights
ASSESSMENT
This assessment sets out three tasks and you must address all three.
Tasks 1 and 2 relate to the following hypothetical question. Task 3 looks at an actual occurrence of this scenario:
The hypothetical question for Task 1 and 2:
The UK government decides that it will put before Parliament a bill that it knows, if passed, breaches the rule of law. It argues that Parliament is able to pass this law because Parliament is sovereign. Critically discuss whether Parliament can pass such legislation and whether the courts would uphold such legislation?
Task1
Set out what is meant by ‘critical’ discussion
Set out why this hypothetical question is a relevant question in constitutional terms ? Construct a mindmap of the issues the question presents
Provide an outline of how you plan to address this question in your Task 2
Note that this is the task set you as a formative assessment and you are permitted to use what you did for your formative assessment, using our feedback to revise and improve it, and submit that revised work as Task 1.
Task 2
Address the hypothetical question in essay form, applying appropriate legal academic writing skills such as providing an introduction, main body and conclusion, supporting your answer with law or legal commentary, ensuring there is no plagiarism and providing proper referencing using the OSCOLA referencing style.
Task 3
On the 9th September 2020, the UK government put forward a legislative proposal (the Internal Market Bill) that, if approved, would see the UK breach the EU Withdrawal Agreement Treaty it had made in January the same year with the EU. The government made it clear that they were aware of this breach but that they wished to proceed nonetheless. Critics pointed out that this would lead to a serious breach of the principle of the rule of law because it would be a breach of ‘international law’ which is the law that governs the Withdrawal Agreement Treaty between the UK and the EU. Others, however, have pointed out that if we are to truly be a sovereign state that is able to make our own laws then our Parliament must be free to pass such laws, irrespective of their effect on international law.
Research this occurrence pointing out what was done, the nature and detail of the proposal, the criticisms that followed the proposal from senior figures, including former prime ministers, and what the outcome was as of 31 October 2020.
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