1-7 of 7 Results

  • Keyword: legal authority x
Clear all

Chapter

Cover Concentrate Questions and Answers Employment Law

15. Skills for success in coursework assessments  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This chapter gives advice on skills for success in coursework assessments. It covers researching, planning, and preparing to write as well as how best to research a topic, what is meant by ‘critical analysis’, how to maintain relevance and focus on a question, and how to reference appropriately. The chapter ends with a handy checklist for students to use when working on an employment law essay.

Chapter

Cover Introduction to the English Legal System

1. Aims, themes, and structure  

This chapter sets out the basic aims, themes, and structure of this book which are to provide an introductory account of the English legal system, to note how it has developed in recent years, and to consider how it may develop in future. Part II raises fundamental issues about the social functions of law and the legitimacy of law; and considers the institutional framework within which law is made. Part III looks at the different contexts in which law is developed and practised. Part IV looks at the provision and funding of legal services. Finally, Part V offers reflexions on a system in flux.

Chapter

Cover Concentrate Q&A Criminal Law

10. Skills for Success in Coursework Assessments  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter deals with how to achieve success in coursework assessments in criminal law. It offers advice on how to get started, and the different approaches needed to write the longer, more detailed answers required of coursework. An example of a coursework answer is provided. Research and planning are essential. It is crucial to employ critical analysis, to stay relevant, and to stick to the word limit. Assessments must be approached logically and be tightly structured. Finally, students need to become familiar with correct referencing of legal authorities.

Chapter

Cover Constitutional Law, Administrative Law, and Human Rights

2. Parliamentary Sovereignty  

This chapter examines the ways in which parliamentary sovereignty has been both criticised and vindicated in more recent times, first discussing A V Dicey’s theory of parliamentary sovereignty, which has two parts—a positive limb and negative limb. The principle articulated in the positive limb of the theory is that Parliament can make or unmake any law whatsoever. The proposition advanced in the negative limb is that the legality of an Act of Parliament cannot be challenged in a court. The negative and positive limbs of Dicey’s theory offer a simple principle upon which to base an analysis of the constitution. The chapter then discusses the legal authority for the principle of parliamentary sovereignty and reviews challenges to Dicey’s theory.

Chapter

Cover EU Law Concentrate

7. Freedom of establishment and freedom to provide and receive services  

Matthew J. Homewood and Clare Smith

This chapter focuses upon Article 49 TFEU and the Freedom of establishment and Article 56 TFEU and the freedom to provide services. The chapter explores the meaning and scope of the concepts including application to both natural and legal persons alongside an analysis of the content of rights afforded and the equal treatment provisions therein. Consideration is also given to derogations to the freedoms on the grounds of public policy, public security, and public health (Articles 52 and 62 TFEU) and the official authority exception within Articles 51 and 62 TFEU.

Chapter

Cover International Law

2. Sources of international law  

This chapter discusses the sources of international law. International law’s authority is generally regarded as deriving from the consent of States. As such, it is only pursuant to State consent that international legal rules can be developed. This is not to say that all international law is made by States; States frequently delegate lawmaking authority to specific bodies or organs, and they may acquiesce or consent to a legal rule which originated in a non-State institution. The chapter then considers Article 38 of the Statute of the International Court of Justice. Technically, Article 38 of the ICJ Statute only lays out the categories of sources to be applied by the ICJ: its lex arbitri or applicable law. Yet, in practice, Article 38 has long been regarded as an authoritative, complete statement as to the sources of international law.

Chapter

Cover Public Law Directions

12. The executive  

This chapter discusses the executive, the administrative branch of government which creates and executes policy, and implements laws. It specifically focuses on the organisation of central government in the UK. Central government in the UK carries out day-to-day administration in relation to England and the whole of the UK on non-devolved matters. Its functions include the conduct of foreign affairs, defence, national security, and oversight of the Civil Service and government agencies. Central government essentially consists of the government and Civil Service but modern government is extensive, multi-layered, and complex. The chapter then studies the sources of ministerial power. Ministers’ legal authority to act can derive from statute, common law, or royal prerogative. The royal prerogative is a source of power which is ‘only available for a case not covered by statute’.