Legal System and Skills Assignment

Analysis of Parliament’s law-making primacy versus judiciary’s precedent power, reviewing ECHR accuracy, OSCOLA referencing, argument structure, and conclusion effectiveness.

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BL1101 Legal System and Skills Assignment Sample
Part A
Part B

BL1101 Legal System and Skills Assignment Sample

Part A

To what extent does Parliament remain the primary and most influential body in the law-making process within the English Legal System?

Please select a position: Position 1: Parliament plays a key role in the law-making process through the creation of statute, but a more influential role is played by the judiciary who create law through the Doctrine of Precedent.

Type assessment below

(The space is not indicative of the amount of words to be used.)

The parliament plays a crucial role in the law-making process. It is due to the reason that the parliament prepares all the laws within the UK and also the basic or primary function of the legislative body is to make the law only. In case any of the authorities need to make any kind of law then firstly the bill is forwarded in front of the parliament only. A bill is stated as a statute and it can become law only when it gets approval from the House of Parliament. Also, a bill can become a statute only when it is approved by a monarch or gets the royal assent. There are three different types of branches of government which majorly include parliament, government and court. Among all these, the parliament is the one important authority that makes the law that needs to be followed by every person within the country. The parliament is the supreme authority within the UK because it is responsible for creating laws. Further, the main role played by the UK parliament is to check make and change the law according to the requirements. This is necessary because there are many different types of changes taking place in the external environment[1]. However, not all these changes need to be implemented into practice. Thus, here the parliament need to evaluate which change is important and accordingly, the changes are made.

Against this, the judiciary is also present which comprises different judges, tribunal members, magistrates, coroners and many other people. Altogether they are responsible for upholding the rule of law. All these people oversee the application of law and manage to solve the different cases. The role played by the judiciary in law-making is to interpret the law applied in the situation which the parliament prepares[2]. It is the responsibility of the judiciary system of the UK they effectively try to improve the working application of law and ensure that the laws made by parliament are effectively applied to the situation well. In case the law will not be applied well in the situation then it might be possible that the working is not done well. Hence, according to the doctrine of precedent, it is clear that judges are responsible for making use of the existing laws made by parliament. The role played by the judiciary also provides a base for influencing future legislation as well. This is because of the reason that when judiciary analyses the current law and with this they can find future recommendations as well. The doctrine of precedent provides a better powerful role to the Judiciary while developing the law because it is the judicial accountability according to the Doctrine that they must generate appropriate accountability to ensure fairness in the case. Moreover, the predictability and uncertainty within the Doctrine also require that the law must be certain so that the judges can interpret the stated law effectively. Further, according to the case of Donoghue v. Stevenson (1932), it was analysed that the court decided in Scott's law and English tort law was made by the House of Lords[3]. This laid a foundation for the modern law relating to negligence and as a result of this, a new law was established using the general principles of the duty of care.

Also, the judiciary in the UK does not have the authority to make the law but they are liable to ensure that the laws made by the parliament are applied properly. In case during any of the cases, the law is not applied effectively then the judiciary has the right to take the corrective action so that the effective law is applied well. Also, with the help of the doctrine of precedent, the working can be improved and ultimately effective law can be practised[4]. Based on the previous case and its analysis, the judges can ensure the effectiveness of the application of the different types of laws and their usefulness in a particular case so that it can be solved very easily and effectively.

Hence, it can be stated that the parliament is the one which is responsible for making the law and it is very necessary for the country that parliament plays a crucial role in the making of laws well[5]. Also, the judiciary system of the country needs to be made well so that the law applies well to the country. When the law is made effective then the overall country and its working will be improved well and also the efficiency of the country and its working will be improved[6]. For example, the Consumer Rights Act 2015 is passed by the parliament and it is witnessed by the judiciary in case any similar case comes relating to consumer protection then the law will be analysed and will be applied by the judges.

At last, it is concluded that though Parliament is the primary authority for making law, the judiciary also has a stronger role in ensuring effective legal working. The judiciary has the power relating to the interpretation of the statutes as with the help of Donoghue v Stevenson it is clear that the judiciary interprets the law made by parliament and can also provide suggestions as well.

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Part B

Review the essay and comment on and analyse it:

The effectiveness of the introduction,
The accuracy of the law within the argument,
The way the argument has been built,
The sources referred to and how they are used within the argument,
The referencing and compliance with the requirements set out in the OSCOLA guidelines, and
The effectiveness of the conclusion.

Type assessment below

(The space is not indicative of the amount of words to be used.)

With the analysis of the introduction part of the European Convention on Human Rights, it is evident that the introduction provided is very clear. The introduction focuses on providing the legal perspective relating to the relationship between international obligation and domestic law[7]. The ECHR is defined as the international agreement which is assented to by 46 countries and aims to protect the human rights of individual civil and other political rights as well. Parliamentary sovereignty is referred to as the principle within the UK constitution and this makes it a supreme legal authority of the UK. This clearly outlines the whole objective of the current argument is clearly stated within the introduction. Moreover, the current argument also focuses on the raising of different questions relating to the Parliament and the unmaking laws which are assistive in designing the different kind of parliamentary sovereignty and their decisions. Further, for the analysis, it was also examined that the current declarations within the Human Rights Act are incompatible according to the latest changes. Hence, it is a challenge for parliamentary sovereignty as they have to put these amendments into practice so that the overall working can be improved.

According to the analysis of the law, it is clear that all the information provided relating to the ECHR is accurate. According to the incorporation of ECHR it was adopted in the year 1950 and has been incorporated with the help of the Human Rights Act 1998. This needs a public authority to be compatible with the rights which are protected under the ECHR. This allows the different individuals and people to bring claims based on the violation of the Human Rights Act. Accordingly, it also has been argued that this act limits the parliamentary relating to domestic legislation[8]. Against this, Atkinson et al, (2021) also stated that ECHR is also working in the direction to complement the working of the parliamentary sovereignty so that the overall working can be improved and ultimately the efficiency is enhanced. The ECHR also assist in promoting human rights and ensures that the law is serving justice and the working is improved.

With the further analysis of the argument, it was clear that the criteria of ECHR are clearly defined and this is a system in providing proper knowledge relating to the law. Moreover, other laws related to the ECHR are also listed appropriately and as a result of this, the overall law can be effectively implemented. Along with this princess provided and the current argument is also appropriate and effective. It is particularly due to the reason that proper scholarly referencing has been done and this ensures that the references of provided in the footnotes and this is helpful for the successful working of the law[9]. At last, with the help of the Conclusion it was clear that the ECHR is very assistive in providing appropriate laws relating to the management of the human resource within the companies. For example, in case of Nadia Eweida who was working at British Airways was wearing a small cross around her neck and because of this, she was suspended from work. But for this, ECHR supported and stated that it was an unreasonable interference with Nadia’s right to freedom and influenced the UK to make the relevant changes within the policy.

All the arguments built within the current discussion have been made very effectively. All the positive and negative aspects are provided alternatively which makes the working of the argument more realistic. In addition to this, the conclusion of the current study is also very effective. The reason behind the factors that will be concluded is that the overall discussion has been concluded and the tension between international human rights and parliamentary sovereignty has been listed appropriately[10]. It is particularly a better aspect because the ECHR has influenced the development of UK law to a great extent and the sometimes can create red on the declaration of incompatibility. Also, Atkinson et al, (2021) stated that complying with the ECHR principles is also very necessary for improving the working capability of the companies. It is due to the reason that it allows the companies to manage all the HR-related aspects and Human Rights standards in the company[11].

At last, it is concluded that there are many different kinds of issues which humans face while working. Hence, it is mandatory for them to effectively try to analyse and evaluate different situations relating to human resource management. Hence, it is mandatory for companies they effectively comply with the ECHR guidance and principles so that overall improved working can be ensured.

[1]What is the role of Parliament? 2024. Online. Available through: https://www.parliament.uk/about/how/role/
[2] Griglio, E., 2020. Parliamentary oversight under the Covid-19 emergency: striving against executive dominance. The Theory and Practice of Legislation, 8(1-2), pp.49-70.
[3]8 - The Law of Parliamentary Sovereignty. 2024. Online. Available through: <https://www.cambridge.org/core/books/abs/av-dicey-and-the-common-law-constitutional-tradition/law-of-parliamentary-sovereignty/076AA0D59A67197EF03DB35D7506386F>
[4] Headey, B., 2024. British cabinet ministers: the roles of politicians in executive office. Taylor & Francis.
[5] Todd, A., 2022. On Parliamentary Government in England: Vol. 1. BoD–Books on Demand.
[6]Parliamentary Sovereignty Lecture. 2024. Online. Available through: <https://www.lawteacher.net/lectures/public-law/parliamentary-sovereignty/>
[7] Blaker Strand, V., 2020. Interpreting the ECHR in its normative environment: interaction between the ECHR, the UN Convention on the elimination of all forms of discrimination against women and the UN Convention on the Rights of the Child. The International Journal of Human Rights, 24(7), pp.979-992.
[8] Atkinson, K., Collenette, J., Bench-Capon, T. and Dzehtsiarou, K., 2021, June. Practical tools from formal models: the ECHR as a case study. In Proceedings of the Eighteenth International Conference on Artificial Intelligence and Law (pp. 170-174).
[9] Aydın-Aitchison, A. and Mermutluoğlu, C., 2020. Mapping human rights to democratic policing through the ECHR. Security and Human Rights, 30(1-4), pp.72-99.
[10] Wheatley, S., 2024. Interpreting the ECHR in Light of the Increasingly High Standards Being Required by Human Rights: Insights from Social Ontology. Human Rights Law Review, 24(1), p.ngad031.
[11] Bromhead, P.A., 2024. Private Members' Bills in the British Parliament. Taylor & Francis.