Tuesday, 13 November 2012

Common Law Reasoning and Institutions Essay Topics 2012/13



You 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. “There can be no real argument about it: judges make law. The declaratory theory is more or less nonsense.”
2. Although settlement, rather than litigation, poses a number of problems for a civil justice system these matters have been largely resolved by Lord Woolf’s reforms.
3. “The Human Rights Act has revolutionised the way in which judges interpret statutes.”
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 real issue as far as judicial appointments are concerned is not so much what social class, ethnicity or gender judges are, but that the system of appointment is accountable and transparent.”
5. “The problem with legal aid is part of the general problem with the welfare state: it creates a ‘something for nothing’ culture where people are not willing to take responsibility for themselves and the services they need.”
6. “It is a general problem, not specific to the law of the United Kingdom: a criminal justice system characterised by an emphasis on crime control rather than due process will inevitably produce miscarriages of justice.”
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 2013. 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.

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 2013. 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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