LLBQLD005 Constitutional and Administrative Law Presentation & Assignment Date for Submission: Please refer to the timetable on ilearn (The submission portal on ilearn will close at 14:00 UK time on the date of submission) Page 2 of 10 Assignment Brief As part of the formal assessment for the programme you are required to submit a Constitutional and Administrative Law assignment. Please refer to your Student Handbook for full details of the programme assessment scheme and general information on preparing and submitting assignments. Learning Outcomes: After completing this module you should be able to: 1. Demonstrate knowledge and understanding of the basic principles of constitutional and administrative law. 2. Explain and illustrate aspects of constitutional and administrative law in relation to the political, historical and social context. 3. Apply principles of constitutional and administrative law to problem scenarios. 4. Show awareness and insight into current constitutional and political debate. Your assignment should include: a title page containing your student number, the module name, the submission deadline and a word count; the appendices if relevant; and a reference list in OSCOLA format. You should address all the elements of the assignment task listed below. Please note that tutors will use the assessment criteria set out below in assessing your work. Maximum word count: 3000 words Please note that exceeding the word count will result in a reduction in grade proportionate to the number of words used in excess of the permitted limit. You must not include your name in your submission because Arden University operates anonymous marking, which means that markers should not be aware of the identity of the student. However, please do not forget to include your STU number. Warning: QLD Regulations require that unfair practice findings are referred to the SRA (Solicitors Regulation Authority) and BSB (Bar Standards Board) and can prevent admission as a barrister or a solicitor. Take your referencing seriously. Do not risk you career. Page 3 of 10 Assignment Task This assignment comprises of TWO parts, the Presentation and the Written Assignment. You must answer BOTH parts. Presentation (30%) Critically discuss whether it can be said that parliamentary sovereignty is still the cornerstone principle of the United Kingdom’s constitution. (Maximum 10 slides) (LO 1,2 &4) (30 marks) (10 Slides) Written Assignment (70%) There are TWO Parts to the written assignment. Part A and Part B. You must both Part A and Part B. Part A: Process and Theory of Judicial Review You must outline the process of judicial review and the functional role it plays within the British constitution. To best answer this question, you should divide your attention equally between the following two questions: 1. Outline the different procedural questions a claimant must satisfy to bring forth a claim in judicial review. 2. How does judicial review fit within the British constitution? (You should consider how judicial review interacts with; parliamentary sovereignty, the rule of law and separation of powers) (LO 1,2 &4) (30 Marks) (1000 words) Please turn over for Part B Page 4 of 10 Part B: Judicial Review Problem Question The Fast Food (Control) Act 2016 empowers local councils to regulate licences to operate fast food restaurants. Section 1 of the Act states that when considering whether a fast food establishment should be granted a licence, “Local councils can reject licences from fast food establishments proposed to open within two miles of a school.” Section 2 of the Act offers local councils greater discretion, stating that when considering all other issues they may decide not to grant a licence, “in such cases and on such conditions as the local council thinks fit”. Points 1-5 below outline decisions made by local councils. Answer the question given below each point. Each question is equally weighted. 1. Southampton City Council has rejected a licence under s1 of the Fast Food (Control) Act 2016 for Hakim’s Hotdogs because its proposed site is 2.3 miles from a school. Advise Hakim on whether he would have any grounds for judicial review. 2. Guildford Borough Council has rejected a licence under s1 of the Fast Food (Control) Act 2016 for Bill’s Burgers because its proposed site is 1.8 miles from the University of Guildford. Advise Bill on whether he would have any grounds for judicial review. 3. Manchester City Council has announced a policy under s2 of the Act that it will not grant any licences to any persons attempting to open a fast food restaurant if they are not intending to employee at least ten people on a part time basis. Sandeep’s Salsa, an Indian-Mexican hybrid fast food restaurant, only intends to employee six people but all on a fulltime basis. Manchester City Council refuses to hear their case for being granted a licence. Advise Sandeep on whether he would have any grounds for judicial review. 4. Basingstoke and Deane Council has decided that they do not have the resources to deal with the quantity of licences they are receiving. Basingstoke and Deane Council decide to offload this work onto a private agency. Advise Basingstoke and Deane Council on the legality of their decision. Please Turn Over Part B continues on the next page. Page 5 of 10 5. In attempting to improve the quality of food within Portsmouth, Portsmouth City Council interprets ‘fast food’ to mean quickly prepared food. As such, Portsmouth City Council denies a licence to Sarah’s Salad Bar, which is 1.1 miles from a school, because the food preparation time is five minutes per a dish. Sarah appeals this decision. The panel rejected this appeal. Sarah’s exhusband, Phillip was a member of the panel. Advise Sarah on whether she would have any grounds for judicial review. (LO 1-4) (40 marks) (1000 words) End of Questions
Formative Feedback You have the opportunity to submit a detailed plan of your assessment to receive formative feedback. The feedback is designed to help you develop areas of your work and it helps you develop your skills as an independent learner. If you are a distance learning student, you should submit your work, by email, to your tutor, no later than two weeks before the actual submission deadline. If you are a blended learning student, your tutor will give you a deadline for formative feedback and further details. Formative feedback will normally only be given once and will not be given to work submitted after the deadline for submission has passed. Guidelines for BL students – Part 1 Presentation Your tutor will explain the arrangements for Part 1. Guidelines for DL students - Part 1 Presentation You are required to record your verbal presentation and submit this as an audio or audiovisual file. If you are using Microsoft Office PowerPoint software to create your presentation, we recommend that you record your audio narration using the Microsoft Office PowerPoint built-in Audio Narration function. Optionally, you may also record your presentation as a video file using any video device you have available, e.g. through a web cam, a mobile device, digital camera (with video and audio recording facility), or a digital camcorder. Please ensure that your presentation does not exceed the maximum allocated length of time of 10 minutes. When creating your presentation, you will need to make sure that you have a version of “Microsoft Office PowerPoint 2000” or above Installed. The below link will show you exactly how to add your narration to your presentations: http://presentationsoft.about.com/od/nextstepsinpowerpoint/ss/sound_6.ht
Submitting your Presentation and Audio Narration Once you have finished your presentation and added the narration, you will be required to upload your PowerPoint file to the “upload a file” area. This must be done to the correct link on the Constitutional & Administrative Law homepage. By submitting your assignment, you will be agreeing to the Student Assignment Declaration, which confirms that the submitted work is your own. You will also be agreeing for your work to be scanned through Arden University’s plagiarism detection systems. It is Arden University’s policy to scan all assessments through the Turnitin plagiarism detection system. Please refer to your Student Handbook for clarification on referencing issues If you are using Open Office or an old version of Microsoft Office, please attach the audio file as well. Guidelines Guidelines for students studying the LLB (Hons) Qualifying Law Degree You MUST underpin your analysis and evaluation of the key issues with appropriate and wide ranging case law and ensure this is referenced using the OSCOLA system. The My Study Skills Area contains an OSCOLA Referencing Interactive Tutorial. You must use the OSCOLA referencing method in your assignment. Additional notes: Students are required to indicate the exact word count on the title page of the assessment. The word count excludes the title page, executive summary, reference list and appendices. Where assessment questions have been reprinted from the assessment brief these will also be excluded from the word count. ALL other printed words ARE included in the word count. Printed words include those contained within charts and tables. See ‘Word Count Policy’ on the homepage of this module for more information. Guidelines for students studying the BA Joint Honours programmes You MUST underpin your analysis and evaluation of the key issues with appropriate and wide ranging case law and academic souces, and ensure this is referenced using the AU Harvard system. (See “referencing guide” in the study skills Guide in My Resources) You must use AU Harvard referencing method in your assignment: Page 8 of 10 Guide to Harvard Referencing: http://moodle.bl.rdi.co.uk/guides/HarvardRef/AU_Harvard_Quick_Ref_Guide.pdf Guide to Harvard Citation: http://moodle.bl.rdi.co.uk/guides/HarvardRef/AU_Guide_to_Harvard_Citation.pdf Additional notes Students are required to indicate the exact word count on the title page of the assessment. The word count excludes the title page, executive summary, reference list and appendices. Where assessment questions have been reprinted from the assessment brief these will also be excluded from the word count. ALL other printed words ARE included in the word count. Printed words include those contained within charts and tables. See ‘Word Count Policy’ on the homepage of this module for more information. Assignments submitted late will not be accepted and will be marked as a 0% fail. Your assessment should be submitted as a single Word (MS Word) or PDF file. For more information please see the “Guide to Submitting an Assignment” document available on the module page on iLearn. You must ensure that the submitted assignment is all your own work and that all sources used are correctly attributed. Penalties apply to assignments which show evidence of academic unfair practice. (See the Student Handbook which is on the homepage of your module and also in the Induction Area). Warning: QLD Regulations require that unfair practice findings are referred to the SRA (Solicitors Regulation Authority) and BSB (Bar Standards Board) and can prevent admission as a barrister or a solicitor. Take your referencing seriously. Do not risk you career.” Page 9 of 10 Assessment Criteria (Learning objectives covered - all) Level 4 is the first stage on the student journey into undergraduate study. At Level 4 students will be developing their knowledge and understanding of the discipline and will be expected to demonstrate some of those skills and competences. Student are expected to express their ideas clearly and to structure and develop academic arguments in their work. Students will begin to apply the theory which underpins the subject and will start to explore how this relates to other areas of their learning and any ethical considerations as appropriate. Students will begin to develop self-awareness of their own academic and professional development. Grade Mark Bands Generic Assessment Criteria First (1) 80%+ Outstanding performance which demonstrates the ability to analyse the subject area and to confidently apply theory whilst showing awareness of any relevant ethical considerations. The work shows an excellent level of competence and confidence in managing appropriate sources and materials, initiative and excellent academic writing skills and professional skills (where appropriate). The work shows originality of thought. 70-79% Excellent performance which demonstrates the ability to analyse the subject and apply theory whilst showing some awareness of any relevant ethical considerations. The work shows a high level of competence in managing sources and materials, initiative and very good academic writing skills and professional skills (where appropriate). The work shows originality of thought. Upper second (2:1) 60-69% Very good performance which demonstrates the ability to analyse the subject and apply some theory. The work shows a good level of competence in managing sources and materials and some initiative. Academic writing skills are good and expression remains accurate overall. Good professional skills (where appropriate). The work shows some original thought. Lower 50-59% A satisfactory to good performance which begins to analyse the subject and apply some underpinning theory. Page 10 of 10 second (2:2) The work shows a sound level of competence in managing basic sources and materials. Academic writing skills are satisfactory and expression remains accurate overall although the piece may lack structure. Satisfactory professional skills (where appropriate). The work lacks some original thought. Third (3) 40-49% Basic level of performance in which there are some omissions in understanding the subject, its underpinning theory and ethical considerations. The work shows a basic use of sources and materials. Academic writing skills are limited and there are some errors in expression and the work may lack structure overall. There are some difficulties in developing professional skills (where appropriate). The work lacks original thought and is largely imitative. Marginal fail 30-39% Limited performance in which there are omissions in understanding the subject, its underpinning theory and ethical considerations. The work shows a limited use of sources and materials. Academic writing skills are weak and there are errors in expression and the work may lack structure overall. There are difficulties in developing professional skills (where appropriate). The work lacks original thought and is largely imitative. 29% and below A poor performance in which there are substantial gaps in knowledge and understanding, underpinning theory and ethical considerations. The work shows little evidence in the use of appropriate sources and materials. Academic writing skills are very weak and there are numerous errors in expression. The work lacks structure overall. Professional skills (where appropriate) are not developed. The work is imitative