A Level

163

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125

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Advanced Level in Law (A-Level prospectus) pre-legal studies in UK: Part 5 – Human Rights

Abstract: Modern human rights laws originate from agreements made by the international community in the immediate post Second World War years. The Universal Declaration on Human Rights 1948 is the first statement of these rights; it is a General Assembly Resolution and as such is not legally binding. These rights were brought into from as a regional instrument within the European Convention on Human Rights and Fundamental Freedoms 1950. These rights are legally binding by States that have ratified the Convention and in the present day can be enforced against governments of Member States of the Council of Europe by other states parties or by individuals within the jurisdiction of a Member State. The Human Rights Act 1998 illustrated a further commitment to human rights laws within the United Kingdom. It introduced the rights within the Convention into UK domestic law. This meant that complainants no longer need to take their case to the European Court on Human Rights to uphold their Convention rights, but could argue in a UK court that their human rights had been breached by government legislation. When a piece of legislation is challenged under human rights grounds the higher courts can either interpret the relevant law in accordance with the Convention right, or make a declaration of incompatibility if a provision was not capable of being interpreted in accordance with human rights guarantees. The Human Rights Act 1998 was introduced by the previous Labour government which was in power in the UK between 1997 and 2005. Since the Conservative party have taken power, both David Cameron and Teresa May have vowed to repeal the Human Rights Act 1998 and there has also been some discussion of withdrawing from the European Convention on Human Rights.

Advanced Level in Law (A-Level prospectus) pre-legal studies in UK: Part 5 – Human Rights
Advanced Level in Law (A-Level prospectus) pre-legal studies in UK: Part 5 – Human Rights

Advanced Level in Law (A-Level prospectus) pre-legal studies in UK: Part 4 — Contractual Law

Abstract: This unit is designed to help you to study the Contract law of England and Wales. This guide is not a textbook and it must not be taken as a substitute for reading the texts, cases, statutory materials and journals referred to in it. The purpose of the guide is to take you through each topic in the syllabus for Contract law in a way which will help you to understand contract law. The guide is intended to ‘wrap around’ the recommended textbooks and casebook. It provides an outline of the major issues presented in this subject. Each chapter presents the most important substantive aspects of the topic and provides guidance as to essential and further reading. Each chapter also provides you with activities to test your understanding of the topic and self-assessment exercises designed to assist your progress. Feedback to many of these activities is available at the back of this guide. There are also sample examination questions, with appropriate feedback, which will assist you in your examination preparation and quick quizzes to measure your progress, with answers on the virtual learning environment (VLE). The method of study described is the result of the accumulated experience of highly experienced teachers and writers on this topic. Your knowledge of the subject will be maximised when you use this guide in the intended way. Any other approach (e.g. reading the feedback before or alongside the self-assessment) might give false confidence in your knowledge and ability to answer questions under examination conditions. In the study of contract law, it is essential to try to gain an understanding of the underlying basis of contract law — what the law is trying to do in response to particular issues. This is then supplemented and exemplified by a more detailed knowledge of its substantive principles. The rote memorisation of rules and cases alone will not equip you to analyse a legal problem or statement of the sort that form the basis of formative and summative examination in this subject. To do this you need to acquire an overview of the topic, understand its structure, parts and inter-relationships. When this is supplemented by a more detailed knowledge and skills of analysis you will be able to apply the law in written answers that gain maximum credit. To do this it is most likely that you will need to read passages or chapters in the guide (and the relevant suggested reading materials) several times in order to understand the principles of law being covered.

Advanced Level in Law (A-Level prospectus) pre-legal studies in UK: Part 4 — Contractual Law
Advanced Level in Law (A-Level prospectus) pre-legal studies in UK: Part 4 — Contractual Law

Advanced Level in Law (A-Level prospectus) pre-legal studies in UK: Part 1 — The Nature of Law and the English Legal System

Abstract: The United Kingdom (the UK) has three separate legal systems: one each for England and Wales, Scotland and Northern Ireland. This reflects its historical origins. The answers below deal primarily with the legal system of England and Wales but make reference to other parts of the UK where relevant. The UK has an unwritten constitution in that there is no single written document that sets out the rights of individual citizens and how the Government should act. The UK constitution is comprised of a variety of sources, some of which are written (such as statutes) and others (such as constitutional conventions), which are unwritten. The constitution is unitary in that the Parliament in Westminster is the supreme law-making authority. Since 1999, devolution has provided for the transfer of powers from the Westminster Parliament to assemblies in Cardiff (Wales) and Belfast (Northern Ireland), and the Scottish Parliament in Edinburgh. However, other law-making bodies, such as the devolved assemblies or local authorities, derive their law-making authority from powers that they have been granted by the Parliament in Westminster. Constitutional conventions are an important non-legal and unwritten source of the constitution. Constitutional conventions may be defined as: “…rules of constitutional behaviour which are considered to be binding upon those who operate the constitution but which are not enforced by the law courts…nor by the presiding officers in the House of Commons” (Marshall and Moodie, Some Problems of the Constitution). An example of a constitutional convention is that the monarch always gives Royal Assent to a bill, if advised to do so by the Prime Minister. As constitutional conventions are “non-legal” they do not require a procedure for their creation. If they become obsolete, they can be dispensed with without any formal step being taken.

Advanced Level in Law (A-Level prospectus) pre-legal studies in UK: Part 1 — The Nature of Law and…
Advanced Level in Law (A-Level prospectus) pre-legal studies in UK: Part 1 — The Nature of Law and…