What is the problem, in terms of the rule of law, with the UK Parliament passing legislation that breaches international law? Can the UK Parliament even pass such legislation?
ASSIGNMENT INSTRUCTIONS – 010 Coursework Component 1
Module Title: Constitutional and Administrative Law
Module Code: MOD000010 Level: 4
Academic Year: 2022/23 Trimester: 1
Module Leader:
Instructions: Complete the task(s) set out below.
Word Limit: Maximum 500 words excluding footnotes, bibliography and other items listed in Reg 6.83 of the ARU Academic Regulations .
Written assignments must not exceed the specified maximum number of words. When a written assignment is marked, the excessive use of words beyond the word limit is reflected in the academic judgement of the piece of work which results in a lower mark being awarded for the piece of work (Regs. 6.81-6.82).
Referencing: Work must be completed individually (see ARU Academic Honesty Policy ) and be properly referenced using the OSCOLA system .
Submission Date: This assignment must be submitted via VLE by no later than
ASSESSMENT 010 explained:
Assessment 010 is the only Assessment in Constitutional and Administrative Law but the Assessment has two distinct Components. Each Component needs to be submitted separately. On Turnitin you will therefore see a submission space for Assessment 010 Component 1 and a separate one for Assessment 010 Component 2. It is important you submit each Component in the correct place.
Assessment 010 Component 1 is a work drawing on early learning in the module and is about planning an approach and response to the first part of Assessment 010 Component 2.
Assessment 010 Component 2 is a written piece of work that engages both early and later learning in the module by linking its first part to the planning work you will have done in Assessment 010 Component 1 as well as adding an ‘application of law’ dimension (a second part) not seen in Component 1.
Assessment 010 Component 1:
Look at the following scenario and the task below it:
The government is pushing through Parliament the Northern Ireland Protocol Bill that, if passed by Parliament and given Royal Assent, would allow the UK, in its domestic arrangements, to set aside parts of an international agreement made with the European Union regarding customs relationships between Northern Ireland and Great Britain. Such an action would, according to many legal experts, constitute a breach of international law. International law is a body of legal rules established and recognised by states as binding in their relations with one another. It is not, however, a source of UK law courts can utilise unless given effect through an Act of the UK parliament (see lecture and readings on sources of law).
Your task for Assessment 010 Component 1 (up to 500 words):
Set out what the key issues are in terms of constitutional law this issue presents;
Provide a bullet point list of things you think you might need to include in an essay that addresses the following questions:
What is the problem, in terms of the rule of law, with the UK Parliament passing legislation that breaches international law? Can the UK Parliament even pass such legislation?
Your list can include constitutional principles, theories, case law or anything you feel relevant to the question. You may want to set it out in a structured form, rather like an outline – see for example https://intranet.birmingham.ac.uk/as/libraryservices/library/asc/documents/public/short-guide-essay-planning.pdf
https://www.sheffield.ac.uk/academic-skills/study-skills-online/essay-planning
Note that Component 1 is also the task set you as a formative assessment and you are permitted to use what you did for your formative assessment, using our feedback to revise and improve it, and submit that revised work as Component 1 for this assessment by simply cutting and pasting it into what you submit. DO NOT FORGET TO SUBMIT Component 1 under the correct Canvas location for Component 1.
Guidance Resources:
Guidance is provided in an additional PPT. You also get feedback/guidance via our response to your formative assessment submission due teaching week 6.
Assessment Marking Criteria / Scheme:
This is a planning exercise aimed at trying to get you to focus on what is necessary to clearly and precisely address the Assessment 010 Component 2 task. To this this you need to think such things as the nature of the Component 2 task (its question) and how that question fits within what you have learnt/are learning.
Such things are likely to include, and will be marked according to, how well you:
Identify what elements of constitutional law this question relates to
Clearly identify of the main problem the scenario presents
Identification the key constitutional principle engaged and elaborate them/break them down
Reference relevant sources of support
Feedback Arrangements:
Feedback is given primarily through our response to your work submitted as a formative non-graded assessment undertaken in week 6 that mirrors Assessment 010 Component 1. You can revise what you submitted to us using the feedback we give you, and then submit that revised work as Assessment 010 Component 1. This will enable you to make use of this feedback for future assignments.
Links to important regulations / advice about late submissions etc.
Word Limit: Maximum 500 words excluding footnotes, bibliography and other items listed in Reg 6.83 of the ARU Academic Regulations (Links to an external site.) .
Written assignments must not exceed the specified maximum number of words. When a written assignment is marked, the excessive use of words beyond the word limit is reflected in the academic judgement of the piece of work which results in a lower mark being awarded for the piece of work (Regs. 6.81-6.82).
Referencing: Work must be completed individually (see ARU Academic Honesty Policy Links to an external site. ) and be properly referenced using the OSCOLA system Links to an external site. It must include a Bibliography.
Deadline extensions and late submission:
Requests for extensions extensions (Regs 6.64-6.80) will be considered by the Faculty Student Advisers. These must be received & agreed by the Faculty Student Advisers prior to the deadline. Please use Extension Application Form on VLE > My Forms.
Late Submission Process
If you have not submitted before your deadline (or extended deadline), you will be able to submit late, up to the maximum additional 2 working days, but you will incur a penalty.
Revised Late Submission Penalty:
Where a student submits late but still on the same date as their deadline (e.g., before midnight), they will receive a deduction of 10% of the total available marks, but never below the published pass mark.
Thereafter, where a student submits late between midnight of their deadline and 2 working days past their deadline, their assessment mark will be capped at 40%.
Re-Assessment Arrangements:
Resits will be available in Tri 2 but are capped at max 40% unless one has mitigation.
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