‘Important note: The assignment you submit on your canvas account must be your own work which you have planned and written independently. For further advice on academic integrity and/or how to use Turnitin, consult the LLB academic integrity page.’

Question:

What is the constitutional significance of Liversidge v Anderson [1942] AC 206 in relation to the Rule of Law and the Separation of the Powers? Would the same decision be reached today?

The case can be found here: https://www.bailii.org/uk/cases/UKHL/1941/1.html

Within your case analysis you should break it down to focus on the following:

1. Introduction

2. Outline of case

3. Identify relevant facts

4. Identification of legal issues

5. Provide the courts answer to the question

6. Consider if the courts would reach the same decision if the case was heard today

7. Conclusion

Length: 5 pages

Constitutional Principles Case Analysis Grading Criteria

This assessment is worth 60% of your overall module grade. You have five (5) pages, not including any bibliography, to a undertake your case analysis of Liversidge v Anderson [1942]. Your argument will be assessed against each of the different criteria listed below, with each being given a score out of 10. However, each criterion has a specific weighting meaning that, for example, of the overall 60% of module marks available for this assessment, 20% are attributable to the quality of your case analysis structure. This means that you can do very well, even if a particular aspect of the structure needed development (and similarly, you could still do less well than you hope overall, even if you had a strength in a particular area). The other point to bear in mind is that this means that there are multiple different ways of reaching any overall grade.

Please also note that while you may have a similar analysis as a friend, and even from the same perspective, with the same underlying content, there will always be differences between your work. You cannot for example, have presented it in an identical way so there will always be an objective basis for any difference in marks between you.

______________________________

Criterion                       Weighting (%)                        Factors considered under each criterion

Content & Knowledge          30·            The facts of the case are accurately reflected within the case analysis.

                   ·       The accuracy of the case analysis or any aspect of law or academic viewpoint used to support and substantiate any points advanced.

                    ·       The level of knowledge and understanding of the issue raised in the case is displayed in the work.

                    ·       The relevant facts and issues are identified

Structure                               20       The correct format for a case analysis is used:

                   1.     Introduction

                   2.     Outline of case

                   3.     Identify relevant facts

                   4.     Identification of legal issues

                   5.     Provide the courts answer to the question

                   6.     Consider if the courts would reach the same decision if the case heard was today

                   7.     Conclusion

It is clear that the work has this structure, and it is easy to follow.

Presentation                                   20

·       The quality of the writing in terms of spelling, punctuation, and grammar (and including clarity of expression).

·       The consistency of the formatting.

·       Your use of language is appropriate

Analysis of the law                             20

·       The quality of the case law analysis explains and explores the judicial decision.

·       The legal points expressed in the case are linked to wider principles of constitutional law that have been considered within the module.

Research and Quality of Sources    10

·       The range of sources included in your work and the extent to which they evidence independent research.

·       The appropriateness of the sources listed.

·       The quality of your referencing and use of OSCOLA.