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Question: "It is one of the great ironies of constitutional law that Montesquieu’s theory is in fact based on a misunderstanding of the UK’s constitution. … while recent reforms have secured the structural independence of the judiciary, there is a considerable overlap of both personnel and function between Parliament … and Government … The UK’s constitution exhibits a fusion, not a separation of powers."

(Nick Howard, Beginning Constitutional Law, Routledge, 1st Edition, 2013)

With reference to both:
(i) the relationships between the three institutions (or powers) and
(ii) relevant case law;

Evaluate the accuracy of Howard’s comment.

LLB CONSTITUTIONAL LAW, Constitutional Law and Human Rights, BPP University.

Answer: Separation of Powers In the UK the Separation of Powers is a doctrine political, which it puts forward as a preparation of...


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  • Subject: Law
  • Course: Constitutional and Administrative Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1825
  • Date submitted: September 18, 2015
  • Date written: December, 2014
  • References: Yes
  • Document type: Essay*
  • Essay ID: 6779

Question: By the use of case law, critically assess the extent to which the domestic courts have used the Human Rights Act 1998 to enhance the protection of human rights in domestic law.

Answer: The United Kingdom is a dualist system of government which requires some special procedure in order for international law to apply. As...


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  • Subject: Law
  • Course: Human Rights Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2070
  • Date submitted: May 16, 2011
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 3718

Question: “Critically examine the changes brought about in the law by the provisions of the Occupiers Liability Act 1984. To what extent do these changes constitute an improvement upon the common law?”

Answer: The law concerning the liability of an occupier has been regulated by the Occupiers Liability Act’s 1957 & 1984 which were developed...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2329
  • Date submitted: May 16, 2011
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 3717

Question: SHOULD THE FATHER OF AN ILLEGITIMATE CHILD BE GIVEN PARENTAL RIGHTS?

Answer: In English law, there is a distinction between those born inside marriage, classed as legitimate, and those born outside marriage, classed as...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1151
  • Date submitted: October 07, 2011
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 3899

Question: DISSERTATION TITLE: PRIVACY

CHAPTER 1: CONFIDENCE AND PRIVACY

(1) Is there a tort of privacy?
(2) Analysing the elements of the potential tort
(3) The private law tort of invasion of privacy in other jurisdictions.
(4) Proposals for a new tort
(5) Defining the new tort.
(6) Breach of Confidence
(7) Which types of activities or information constitute “Private Life”?

CHAPTER 2: THE IMPACT OF THE HUMAN RIGHTS ACT

(1) Media law, Privacy and Human Rights
(2) Human Rights, Privacy and recent cases

CHAPTER 3: HOW EFFECTIVE ARE MEDIA REGULATORS?

(1) How extensively is privacy protected?
(2) The Regulatory Codes
(i) The Press Complaints Commission (PCC)
(ii) Private places
(iii) Procedural drawbacks of the PCC
(3) TV and Radio
(i) The Broadcasting Standards Commission (BSC)
(ii) Procedural drawbacks of the BSC
(iii) The Independent Television Commission (ITC) and the
Radio Authority
(iv) OFCOM
(v) Survey
(vi) Is there a need for reform?

CONCLUSION
APPENDICES
BIBLIOGRAPHY

Answer: Similar to the rest of the Convention, Article 8 is interested in providing guarantees against the activities of the government or other...


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  • Subject: Law
  • Course: Human Rights Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 12832
  • Date submitted: March 29, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Dissertation
  • Essay ID: 3677

Question: Evaluate the different ways in which a contract can be brought to an end (terminated), and comment on their respective effectiveness.

Answer: A contract becomes discharged once both parties have fully performed their contractual obligations. If one party does not fully perform the contract...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1145
  • Date submitted: April 21, 2010
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 3664

Question: Business Law Case Study

Bert is a retired university law lecturer. He bought a “Compact” lap top computer from his local PeeCee Universe shop.

The computer worked reasonably well for a couple of months but then started to crash repeatedly. Bert lost valuable work (as well as his patience!). It turned out that it had a faulty hard drive. Bert is wondering whether he should seek “repair or replacement” pursuant to section 48B Sale of Goods Act 1979, as amended.

Advise Bert as to the ambit of these rights.

Answer: If the seller commits a breach of any of his obligations under the contract, the buyer is entitled to damages for any...


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  • Subject: Law
  • Course: Business Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1327
  • Date submitted: March 24, 2011
  • Date written: March, 2011
  • References: Yes
  • Document type: Essay*
  • Essay ID: 3661

Question: '[The] characterization of the negligence standard as moral or moralistic does not advance analysis. The morality of the fault system is very different from that of everyday life. Negligence is an objective standard. A man may be adjudged negligent though he did his best to avoid an accident and just happens to be clumsier than average'. R. Posner, 'A Theory of Negligence', The Journal of Legal Studies (1972) 1 (1) 29-96, at 31.

With reference to case law, to what extent do you agree with Posner?

Answer: Negligence is the failure to act as an ordinary prudent and a reasonable man required by the law. Negligence is the most...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2674
  • Date submitted: March 24, 2011
  • Date written: March, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 3660

Question: Critically explore the regulation of internet business transactions.

Answer: A particular striking example of why this is an issue, briefly putting the focus of business transactions aside, is that undoubtedly the...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2056
  • Date submitted: February 08, 2011
  • Date written: January, 2008
  • References: Yes
  • Document type: Essay*
  • Essay ID: 3625

Question: MEDICAL NEGLIGENCE AND MALPRACTICE

'The average patient has few if not any satisfactory avenues in which to vent his / her frustration in the event of poor or negligent treatment.'

To what extent is this an accurate picture of the NHS complaints mechanism in this country? How far has civil litigation filled the gap?

Answer: Medical malpractice is professional negligence by an act or omission of a healthcare practitioner, where care provided deviates from accepted standards of...


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  • Subject: Law
  • Course: Medical Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1168
  • Date submitted: February 08, 2011
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 3624

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