Module Title: Constitutional and Administrative Law
School of Law Semester Two 2020/2021
Online Open Book Assessment Information:
- The assessment questions will be released to students at 12 noon (UK time) on 24 May 2021.
- The deadline to submit your work is 12 noon (UK time) on 27 May 2021.
- Your completed work must be submitted electronically to Turnitin through Minerva by 12 noon (UK time) on 27 May 2021. To do this, you must log into Minerva and click on the ‘Learn’ tab. Select the appropriate module title (named at the top of this template), then click on ‘Submit My Work’ in the module menu on the left hand side of the screen. Select the link to the relevant assessment then upload your work. By submitting your answers through Minerva you are accepting the Declaration of Academic Integrity, extending to a declaration that the work is not plagiarised and that the word count is accurately stated.
- If you have a query relating to the assessment you should contact your module leader Professor Ian Cram firstname.lastname@example.org. If you have a query or are having difficulty with submission you should contact the Assessment Team Assessmentlaw@leeds.ac.uk. Please note that support may not be available outside office hours (9am to 5pm UK time) so you should take this into account when planning your submission.
- You must complete an Online Open Book Assessment coversheet with the required details including the questions you have answered and word count for each and insert this at the beginning of your answer document before uploading to Turnitin.
- It is your responsibility to ensure that you have submitted the correct version of your assessment. If, after making a submission, you claim that you mistakenly submitted a draft, the wrong version or a different assessment, the original version, which was submitted by the deadline, will still be treated as your submission.
- You should retain your digital receipt of assessment submission. You are also required to keep an additional copy of your work for your own reference.
- You should ensure that you do not include your name anywhere on your assessment in order that it remains anonymous for marking – however, you should include your Student ID number, module code and module title on the header of each page and as the file name of your document.
- The word limit for online open book assessments is 1250 words per question If you exceed the maximum by less than 10% no penalty will be applied. However, if the total is 10% above the maximum or more then you will be penalised in accordance with following School rules:
10% and over – 5 mark penalty
20% and over – 10 marks
30% and over – 15 marks
40% and over – 20 marks
50% and over – a maximum of 0 marks would be awarded.
- The Online Open Book Assessments have been designed to be inclusive to all students. This means that individual accommodations that may normally apply to examinations are not required for these assessments. Students who are registered as having a specific learning difficulty and have been issued with the relevant sticker should continue to use them for these assessments.
- Extensions will not be granted and submissions will not be accepted after the deadline has passed. If you are unable to submit your assessment by the stated deadline for an exceptional and unforeseen reason, you should submit a mitigating circumstances form along with supporting evidence to request a further attempt at the next available opportunity.
- Plagiarism and Cheating
It is essential that your assessment represents your own work and that it has not been produced in collusion with any other party. Text and ideas derived from written sources (including electronic sources) must be acknowledged by way of appropriate citation (appropriate in the context of this assessment means ensuring that the work of others is recognised though full references are not required). If you are not aware of the University’s rules on plagiarism and academic malpractice, please familiarise yourself with the relevant regulations as set out on the secretariat website. You should also refer to the Academic Integrity Handbook on Minerva under Organisation/Law/Undergraduate/Academic Integrity.
- Answer TWO questions ONLY; ONE question from section A and the ONE compulsory question in section B.
Answer ONE question
- “The Bill has a single, clear purpose: to introduce fixed-term Parliaments to the United Kingdom to remove the right of the Prime Minister to seek the Dissolution of Parliament for pure political gain…. Crucially, if, for some reason, there is a need for Parliament to dissolve early, that will be up to the House of Commons to decide.”(Deputy Prime Minister Nick Clegg MP HC Deb. 13 Sept. 2011,col. 621)
- Explain how the Fixed Term Parliaments Act 2011 achieves this objective (1/3 of marks)
- b) Analyse whether the Act is now in need of reform (2/3 of marks)
- ‘Public order law in England and Wales allows for too much prior restraint of expression and assembly by the police.’ Discuss this statement.
You MUST answer this question
- Martin is a student from New Zealand who is studying law at an English university. Martin has a student visa which entitles him to stay in the United Kingdom for the duration of his studies. Whilst attending university, Martin develops an interest in politics, in part because of the austerity policies of the government. He joins the student socialist society, and from there joins a small anarchist organisation called ‘One Solution, Revolution.’
Martin knows that the group favours direct action, and is told that ‘big things’ are planned, but even he is shocked when some members attempt a terrorist attack on the headquarters of the ruling party. The infuriated Home Secretary announces that all members of ‘One Solution, Revolution’ who do not hold British passports will be removed from the UK. He proposes to exercise this power pursuant to the (fictitious) Immigration and Asylum Act which entitles the Home Secretary to remove or deport individuals whose presence in the UK is deemed ‘not to be conducive to the public good.’
The Border Agency has previously followed a policy of offering a hearing to people who will be removed or deported but the Home Secretary announces that this policy will no longer be strictly followed and indeed no hearing is offered to Martin. The government is losing popularity in the polls and it is speculated that the Home Secretary’s decision is motivated partly by a desire to improve his opinion poll ratings.
Advise Martin of his prospects of success in judicial review proceedings.