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University of Essex Essex Law School
Academic Year 2022-23 Human Rights Centre
Do NOT write your name on the cover sheet or essay
2314429 Assignment Cover and Feedback Sheet
Module code & title: LW103-_-FY : Foundations of Public Law
Registration Number
Starts with 19 or 20 You can find this on LEAP or MyEssex
Assessment Information
Word Count 732
This excludes footnotes/endnotes and bibliography.
Declaration:
☒ I have read and understood the University Regulations on Academic offences.
☒ I certify that the attached is all my own work and that the word length stated
above is accurate
Marking and Feedback
Mark 60 Penalty Final Mark
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☐ Please contact Bev Jackson for support with academic writing skills
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First Marker RC
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Second Marker/Moderator
Essay Feedback: Level 4
Upper 1st^ (80+) 1 St^ (70-79) 2.1 (60-69) 2.2 (50-59) 3 (40-49) Fail (under 40)
Research Identifies a wide
range of relevant cases and statutes, academic commentary and policy documents, demonstrating research beyond the set material. Identifies a range of relevant cases and statutes, academic commentary and policy documents; there may be research beyond the set material. Identifies essential cases and statutes, though there may be minor errors or omissions; does not go beyond the set material Identifies some essential cases and statutes but with some errors or omissions; does not go beyond the set material Identifies some essential cases and statutes, but with major omissions; does not go beyond the set materials Identifies no, or very few materials
Evaluation of
Sources
Sources are evaluated for credibility and relevance; weight is given according to clear criteria Sources are evaluated for credibility and relevance; weight is given according criteria Sources are evaluated for credibility and relevance; sources are sometimes given inappropriate weight Sources may not be evaluated for credibility and relevance; sources often given inappropriate weight Sources are not evaluated for credibility or relevance; most sources given inappropriate weight Sources not evaluated for credibility or relevance
Understandin
g
Systematic critical understanding of the material Rigorous understanding of the material which may engage critically Explains the material and demonstrates its relevance to the question, though there may be minor errors of understanding Attempts to explain the material and demonstrate its relevance to the question; some errors of understanding Significant errors of understanding Understanding is seriously defective
Argument and
structure
A persuasive, well supported and rigorous argument in response to the question, supported by a clearly structured narrative A consistent response to the question, supported by a clear structure Attempts to respond to the question, though occasionally material may not be relevant or relevant material omitted; appropriately structured May not respond to the question directly though addresses broad topic; structure lacks balance and/or clarity Significant passages of the work fail to respond to the topic; work lacks structure No attempt to address the topic
Language and
presentation
Expression is clear and fluent in formal written English; uses legal and scholarly language; free from errors Expression is clear and effective in formal written English; uses legal and scholarly language; occasional errors Expression is clear and effective; generally in formal English; some use of legal and scholarly language; some errors Expression is sufficiently clear and effective to communicate, though may not be formal English; may attempt to use legal and scholarly language; errors may be frequent Expression is sufficiently clear and effective to communicate, though may not be formal English; no attempt to use legal or scholarly language; frequent errors Lack of clarity and/or errors impede(s) communication; legal or scholarly language not used; frequent errors
Referencing
and
bibliography
All sources are referenced fully and consistently, in OSCOLA, with occasional errors All Sources are referenced in OSCOLA, with some errors Most sources are referenced; OSCOLA is followed but with some errors Some sources are referenced but with frequent errors in OSCOLA; Some sources are referenced; OSCOLA not followed Referencing absent
One feature that differentiates the United Kingdom from other countries is its uncodified constitution.^1 Hence, “There is no single document that describes, establishes or regulates the structures of the state and the way in which these relate to the people”. 2 Thus, it comes from various sources such as statute law, common law, constitutional conventions, works of authority and from principles of EU Law. Understanding the British system is essential in understanding how this country operates both from an inside out perspective and on an international level. However, this particular type of constitution is constantly tested by a world that is challenging by its very nature. This paper undertakes critical analysis of the various sources of this constitution, their impact and interplay with one another in United Kingdom's legal system and in so we will analyse their relative importance to each other in modern context. Within the UK legal framework, statute law is one of the primary sources. It is also known as Acts of Parliaments since they are written laws enacted by the Parliament. The doctrine of parliamentary sovereignty asserts that Parliament has the ultimate legislative authority in the UK, a principle articulated by A.V. Dicey and which remains a definitive feature of the UK's constitution.^3 Landmark statutes such as the Magna Carta and the Bill of Rights 1689 have not only established the foundations of the rule of law but have also preserved the principles of liberty and governance.^4 ’^5 The later enactment of the Human Rights Act 1998 exemplifies the statutes’ preeminent role in shaping the governance structure, incorporating the European Convention on Human Rights into UK law and consequently, augmenting individual rights against state interference.^6 The common law, reflective of centuries of judicial wisdom, is a dynamic source that evolves with society's values. It consists of precedents set by judges who made decisions regarding specific cases where statute law isn’t clear.^7 Landmark judgments like Donoghue v Stevenson illustrate how the judiciary has the autonomy to shape fundamental legal principles that have a lasting constitutional impact. These precedents not only guide subsequent case law but also inform legislative reforms.^8 Further academic commentary, such as Atiyah and Summers, highlight the nuanced role of Common law in the constitutional hierarchy.^9 Constitutional conventions are non-legally binding traditions guiding the conduct of political institutions. They are particularly significant in the UK because of the absence of a single written document. These norms are upheld by a sense of political responsibility and
1 UCL, ‘What Is the UK Constitution?’ (The Constitution Unit9 August 2018). FNs need fullstops.
https://www.ucl.ac.uk/constitution-unit/explainers/what-uk-constitution
2 Cabinet Office, The Cabinet Manual, 1st edn (2011, London: Cabinet Office), p. 2
https://www.oxfordlawtrove.com/display/10.1093/he/9780192870612.001.0001/he-9780192870612-chapter-
3 AV Dicey, 'Introduction to the Study of the Law of the Constitution' (10th edn, Macmillan 1959).
https://files.libertyfund.org/files/1714/0125_Bk.pdf
4 Magna Carta 1215.
https://www.parliament.uk/magnacarta/
5 Bill of Rights 1689
https://www.parliament.uk/about/living-heritage/evolutionofparliament/parliamentaryauthority/revolution/
collections1/collections-glorious-revolution/billofrights/
6 Human Rights Act 1998.
https://www.legislation.gov.uk/ukpga/1998/42/contents
7 Lord Sales, ‘Default Rules in the Common Law: Substantive Rules and Precedent Presentation at International
Workshop on Default Rules in Private Law’ (2023) https://www.supremecourt.uk/docs/Default%20Rules%20in
%20Common%20Law%20-%20Lord%20Sales.pdf
8 Donoghue v Stevenson [1932] AC 562.
https://www.lawteacher.net/cases/donoghue-v-stevenson.php
9 PS Atiyah and RS Summers, ‘Forms and Substance in Anglo-American Law: A Comparative Study of Legal Reasoning,
Legal Theory, and Legal Institutions’ (OUP 1987) 45-47 Not a useful ref for this question.
public expectation rather than judicial enforcement. The Salisbury Convention, for instance, illustrates the functioning of parliamentary democracy by respecting the will of the electorate as manifest in the government's manifesto.^10 Turpin and Tomkins argue that while conventions are not enforceable in courts, their breach can lead to significant political consequences and, as such, they play a crucial role in the operation of the constitution.^11 The scholarly interpretation of constitutional principles, while not binding, plays an influential role in understanding the UK's uncodified constitution.^12 They offer detailed expositions on various aspects of constitutional law and serve as guide as to how the government should act. Dicey's work, for example, provides a foundational exposition on the rule of law and the separation of powers that continues to be a reference point. The last source of the UK’s Constitution is international law and thus, historically, EU Law played a significant role in shaping UK law, especially in areas like human rights and environmental protection. The supremacy of EU law, as in cases like like Factortame , indicated the depth of European influence on domestic statutes.^13 With Brexit, the dynamic has shifted, and the interrelationship between EU law and UK law is being redrawn. The European Union (Withdrawal) Act 2018 is a key legislative response to this shift, embedding EU law into domestic law while paving the way for future legal divergences.^14 We have seen that UK’s Constitution is made up from varied sources. Statute law provides clear, direct articulations of governance, while common law, through the organic development of judicial precedent, offers a responsive and interpretative dimension. Conventions add depth to the political culture, guiding the actions of state actors. Scholarly works give a rich theoretical context to these elements, shaping legal understanding. As these sources continue to interact and evolve, they underscore the UK's constitution's flexibility and resilience, ensuring its continued functionality and relevance in an ever-changing global landscape. Table of Cases
10 Rodney Brazier, 'Constitutional Practice: The Foundations of British Government' (3rd edn, OUP 1997) 120.
11 Colin Turpin and Adam Tomkins, 'British Government and the Constitution: Text and Materials' (7th edn, Cambridge
University Press 2011) 75.
https://assets.cambridge.org/97805211/85110/frontmatter/9780521185110_frontmatter.pdf
12 Melton J, Stuart C and Helen D, ‘TO CODIFY or NOT to CODIFY? LESSONS from CONSOLIDATING the UNITED
KINGDOM’S CONSTITUTIONAL STATUTES’ (2015)
https://www.ucl.ac.uk/constitution-unit/sites/constitution-unit/files/162.pdf
13 Factortame Ltd v Secretary of State for Transport [1990] 2 AC 85.
https://publications.parliament.uk/pa/ld199899/ldjudgmt/jd991028/factor-1.htm
14 European Union (Withdrawal) Act 2018.
https://www.legislation.gov.uk/ukpga/2018/16/contents/enacted
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