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.
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Assignment Task
This assignment comprises of TWO parts, the Presentation and the Written Assignment. You must answer BOTH questions.
Presentation (30%)
Critically discuss whether it can be said that the United Kingdom should replace its uncodified constitution with a codified constitution.
(Maximum 10 slides)
Written Assignment (70%)
LO 1,2 &4) (30 marks) (10 slides)
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)
Please turn over for Part B Part B: Judicial Review Problem Question
(LO 1,2 &4) (30 Marks) (1000 words)
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The (fictitious) Legal Drug Shop Act 2017 contains the following provisions to regulate licences to operate shops which sell legal highs:
S1- Local Councils may deny any application to open a shop, which seeks to sell legal highs, if established within two miles of a school.
S2- Local Councils may deny any application to open a shop, which seeks to sell legal highs, if the shop would not fit within the community’s moral climate.
S3- Local Councils must send an independent inspector to ensure that a shop selling legal highs is compliant with all health and safety regulations.
S4- Local Councils must provide an appeal process to deal with any s3 rejections.
David lodged four applications with Solent City Council to open shops selling legal highs. Solent City Council rejected all four applications. They provided David with the following reasons:
(1) Shop A’s application was rejected because it is one mile from Solent City Junior School, which educates children between the ages of six years to ten years.
(2) Shop B’s application was rejected because it is to be situated within two miles of South Coast University, which has an exclusively adult student population.
(3) Shop C’s application was rejected because Solent City Council felt that the establishment of a shop selling legal highs would undermine the value of local property.
(4) Shop D’s application was rejected due to a failed s3 inspection. Solent City Council sent Sandra, their expert, and the only person to whom they have granted permission to open shops selling legal highs, to carry out the inspection.
Infuriated at Sandra’s decision, David demanded an appeal against the results of her inspection. Solent City agreed to an appeal, but did not grant David an oral hearing. Instead, Solent City Council only granted David a paper-based appeal. David lost because he had no additional paperwork to submit as evidence.
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Under which grounds for judicial review might David be able to argue against Solent City’s decisions? Give full reasons for your answers.
(LO 1-4) (40 marks) (1000 words)
