‘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 R (on the application of Miller) (Appellant) v The Prime Minister (Respondent) [2019] UKSC 41 in relation to Parliamentary Sovereignty and the Rule of Law?

The case can be found here: https://www.supremecourt.uk/cases/docs/uksc-2019-0192-judgment.pdfLinks to an external site.    [i have attached this file below in zip folder]

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

1. Introduction
2. Summary of case
3. Identify relevant legal facts
4. Identification of legal issues
5. Analyse the courts answer to the question
6. Conclusion

Constitutional Principles Case Analysis Grading Criteria

This assessment is worth 50% of your overall module grade, with 10% of your grade coming from attending the Lady Hale Lecture of the 15th November 2023. You have five (5) pages, not including any bibliography, to a undertake your case analysis of the Millar case. 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.     Summary of case

3.     Identify relevant legal facts

4.     Identification of legal issues

5.     Analyse the courts answer to the legal questions

6.     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.

Suggested Plan to use your time:

Week commencing Monday 30th October: Read the case. Read the case again highlighting important parts. Read the case a third time, make notes from the case. Read the case a fourth time to make sure you got all the important time. Digest the case

Week commencing Monday 6th November: Review your notes from the case. Undertake the formative MCQ. Start to plan out your case analysis using the structure above. Review your plan against the weighted criteria above, make sure that you are covering everything. Digest your plan.

Week commencing Monday 13th November: Review/read the case, your notes, and your plan. Now it is time to start writing the case review. Remember to use the structure above. Think carefully about the case, and everything you have learnt so far. Top tip. Write the conclusion first so that all the argument is focused towards this outcome. Write the introduction last.

Wednesday 15th November: Attend the Lady Hale Lecture:

Week commencing Monday 20th November: Your work should now be written in draft format. Review you work make sure you have covered the elements in the marking criteria above. Top Tip. Remember to proof read it by reading it aloud, as you read it aloud you will hear where it doesn’t quite work.

Week commencing Monday 27th November:  Final review of your work. Make sure it is formatted in the correct way. Give it one final proof read. Submit it before Tuesday 28th November at 12:00 (midday).  

Length:

5 pages

Presentation:

The assignment itself must be submitted as a Word document in Arial font size 11 and in double line spacing.  

Further information around assessments can be found here: LLB Assessment Template 2023-2024 V2.docx