Pub Date : 2018-08-09DOI: 10.1093/he/9780198819912.003.0001
R. Clements
This chapter advises on how to approach the subject of public law and deal with typical exam questions. Public law differs from the other compulsory law subjects in that much is not really law at all, and therefore calls for different skills in the student. To understand public law properly it helps to have some knowledge of current affairs and politics. Public Law is sometimes called constitutional and administrative law, because it looks at both the constitution of the country and the law that regulates the administration. The chapter contains advice on how to answer a problem question using Issue, Relevant Law, Application to the Facts and Conclusion (IRAC) and how to answer an essay question using Point, Evidence and Argument (PEA). Preparation for examinations is also covered. When writing an essay, it is best for students to do a rough plan first, listing the main points that they intend to cover. For a problem question, they might also include a list of the main cases. In this subject, it is important to remember that there is no right answer to an exam question, but there is a right way to approach it.
{"title":"1. Introduction","authors":"R. Clements","doi":"10.1093/he/9780198819912.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780198819912.003.0001","url":null,"abstract":"This chapter advises on how to approach the subject of public law and deal with typical exam questions. Public law differs from the other compulsory law subjects in that much is not really law at all, and therefore calls for different skills in the student. To understand public law properly it helps to have some knowledge of current affairs and politics. Public Law is sometimes called constitutional and administrative law, because it looks at both the constitution of the country and the law that regulates the administration. The chapter contains advice on how to answer a problem question using Issue, Relevant Law, Application to the Facts and Conclusion (IRAC) and how to answer an essay question using Point, Evidence and Argument (PEA). Preparation for examinations is also covered. When writing an essay, it is best for students to do a rough plan first, listing the main points that they intend to cover. For a problem question, they might also include a list of the main cases. In this subject, it is important to remember that there is no right answer to an exam question, but there is a right way to approach it.","PeriodicalId":412544,"journal":{"name":"Concentrate Questions and Answers Public Law","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114961249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-09DOI: 10.1093/he/9780198819912.003.0009
R. Clements
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter moves on from the previous one to examine the freedom of expression. Under common law, freedom of speech is guaranteed unless the speaker breaks the law, but this is now reinforced by the right of free expression under the European Convention on Human Rights. The questions here deal with issues such as obscenity law and contempt of court; the Official Secrets Act; freedom of information; data protection; breach of confidence; and whether there is a right of privacy in English law.
问答系列为解决考试问题提供了最好的准备。每章包括典型问题、图表问题和论文答案计划、建议答案、注意事项、获得额外分数的提示、每个主题的关键辩论以及进一步阅读的建议。这一章在前一章的基础上继续探讨言论自由。根据普通法，言论自由得到保障，除非说话者违法，但现在《欧洲人权公约》(European Convention on Human Rights)加强了言论自由的权利。这里的问题涉及诸如淫秽法和藐视法庭罪等问题;官方保密法;信息自由;数据保护;失信;以及英国法律中是否有隐私权。
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Pub Date : 2018-08-09DOI: 10.1093/HE/9780198819912.003.0007
R. Clements
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter describes issues relating to the Human Rights Act 1998. The questions presented here deal with issues such as the response to terrorism; the effect of the Human Rights Act 1998 on English law; whether the Human Rights Act 1998 should be replaced with a UK bill of rights; the Human Rights Act not changing parliamentary supremacy, but the courts being able to issue a declaration of incompatibility; and the effect of the Human Rights Act on individual rights.
{"title":"7. The Human Rights Act 1998","authors":"R. Clements","doi":"10.1093/HE/9780198819912.003.0007","DOIUrl":"https://doi.org/10.1093/HE/9780198819912.003.0007","url":null,"abstract":"The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter describes issues relating to the Human Rights Act 1998. The questions presented here deal with issues such as the response to terrorism; the effect of the Human Rights Act 1998 on English law; whether the Human Rights Act 1998 should be replaced with a UK bill of rights; the Human Rights Act not changing parliamentary supremacy, but the courts being able to issue a declaration of incompatibility; and the effect of the Human Rights Act on individual rights.","PeriodicalId":412544,"journal":{"name":"Concentrate Questions and Answers Public Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121974935","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-09DOI: 10.1093/HE/9780198715733.003.0003
R. Clements
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter presents issues relating to the Prime Minister and the Cabinet. The sample questions given here deal with issues such as the extent to which the UK has moved from a system of Cabinet government to a system of Prime Ministerial government; collective ministerial responsibility; and how the convention of individual ministerial responsibility operates in relation to departmental error.
{"title":"3. Prime Minister and Cabinet","authors":"R. Clements","doi":"10.1093/HE/9780198715733.003.0003","DOIUrl":"https://doi.org/10.1093/HE/9780198715733.003.0003","url":null,"abstract":"The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter presents issues relating to the Prime Minister and the Cabinet. The sample questions given here deal with issues such as the extent to which the UK has moved from a system of Cabinet government to a system of Prime Ministerial government; collective ministerial responsibility; and how the convention of individual ministerial responsibility operates in relation to departmental error.","PeriodicalId":412544,"journal":{"name":"Concentrate Questions and Answers Public Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125569920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-09DOI: 10.1093/he/9780198715733.003.0011
R. Clements, P. Jones
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is about judicial review. This is the means by which the citizen can use the courts to ensure that a public body obeys the law. The questions in the chapter deal with issues such as the erratic development of administrative law; the procedure to apply for judicial review; the right to apply (locus standi), procedural ultra vires; natural justice; and substantive ultra vires.
{"title":"10. Administrative law: judicial review","authors":"R. Clements, P. Jones","doi":"10.1093/he/9780198715733.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198715733.003.0011","url":null,"abstract":"The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is about judicial review. This is the means by which the citizen can use the courts to ensure that a public body obeys the law. The questions in the chapter deal with issues such as the erratic development of administrative law; the procedure to apply for judicial review; the right to apply (locus standi), procedural ultra vires; natural justice; and substantive ultra vires.","PeriodicalId":412544,"journal":{"name":"Concentrate Questions and Answers Public Law","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128937667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-09DOI: 10.1093/HE/9780198715733.003.0006
R. Clements, P. Jones
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter considers questions relating to parliamentary sovereignty. There is a traditional doctrine of parliamentary supremacy, but it has had to be adapted to accommodate membership of the European Union. The questions deal with issues such as the meaning and implications of ‘parliamentary supremacy’; the impact of the UK’s EU membership on the doctrine of parliamentary sovereignty; the effect of EU legislation, such as directives, in English Law; how the European Union works; and how Brexit will affect parliamentary supremacy.
{"title":"6. Parliamentary sovereignty","authors":"R. Clements, P. Jones","doi":"10.1093/HE/9780198715733.003.0006","DOIUrl":"https://doi.org/10.1093/HE/9780198715733.003.0006","url":null,"abstract":"The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter considers questions relating to parliamentary sovereignty. There is a traditional doctrine of parliamentary supremacy, but it has had to be adapted to accommodate membership of the European Union. The questions deal with issues such as the meaning and implications of ‘parliamentary supremacy’; the impact of the UK’s EU membership on the doctrine of parliamentary sovereignty; the effect of EU legislation, such as directives, in English Law; how the European Union works; and how Brexit will affect parliamentary supremacy.","PeriodicalId":412544,"journal":{"name":"Concentrate Questions and Answers Public Law","volume":"58 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131858700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-09DOI: 10.1093/HE/9780198715733.003.0002
R. Clements
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter considers the constitution of the United Kingdom of Great Britain (England, Scotland, and Wales) and Northern Ireland. The questions deal with issues such as whether a written constitution would make a great improvement to the UK system of government; the purpose of constitutional conventions; Dicey’s theory of the rule of law; the meaning of ‘separation of powers’; and its role in the constitutional arrangements of the UK and devolution or federalism.
{"title":"2. Constitutions: the nature and sources of the United Kingdom constitution","authors":"R. Clements","doi":"10.1093/HE/9780198715733.003.0002","DOIUrl":"https://doi.org/10.1093/HE/9780198715733.003.0002","url":null,"abstract":"The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter considers the constitution of the United Kingdom of Great Britain (England, Scotland, and Wales) and Northern Ireland. The questions deal with issues such as whether a written constitution would make a great improvement to the UK system of government; the purpose of constitutional conventions; Dicey’s theory of the rule of law; the meaning of ‘separation of powers’; and its role in the constitutional arrangements of the UK and devolution or federalism.","PeriodicalId":412544,"journal":{"name":"Concentrate Questions and Answers Public Law","volume":"292 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124201526","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-09DOI: 10.1093/he/9780198819912.003.0012
R. Clements
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter contains some advice on writing coursework. The contents range from the mechanics of how coursework fits into the assessment of the module to the rules on presentation and referencing. The standard referencing system used for law is OSCOLA, the Oxford University Standard for the Citation of Legal Authorities. There is advice on researching coursework, such as the use of primary legal materials and articles, an explanation about how the coursework might be marked, and some straightforward advice on plagiarism is given. A coursework example question, with accompanying answer guidance, is also available.
{"title":"12. Coursework","authors":"R. Clements","doi":"10.1093/he/9780198819912.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780198819912.003.0012","url":null,"abstract":"The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter contains some advice on writing coursework. The contents range from the mechanics of how coursework fits into the assessment of the module to the rules on presentation and referencing. The standard referencing system used for law is OSCOLA, the Oxford University Standard for the Citation of Legal Authorities. There is advice on researching coursework, such as the use of primary legal materials and articles, an explanation about how the coursework might be marked, and some straightforward advice on plagiarism is given. A coursework example question, with accompanying answer guidance, is also available.","PeriodicalId":412544,"journal":{"name":"Concentrate Questions and Answers Public Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116734953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-09DOI: 10.1093/HE/9780198715733.003.0009
R. Clements, P. Jones
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is all about the freedom to protest and police powers. Freedom to protest is protected by common law, statute, and the European Convention on Human Rights. The questions looked at here consider issues such as public order law; the right to protest; the right to freedom of peaceful assembly; and police powers to arrest and search on reasonable suspicion.
{"title":"8. Freedom to protest and police powers","authors":"R. Clements, P. Jones","doi":"10.1093/HE/9780198715733.003.0009","DOIUrl":"https://doi.org/10.1093/HE/9780198715733.003.0009","url":null,"abstract":"The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is all about the freedom to protest and police powers. Freedom to protest is protected by common law, statute, and the European Convention on Human Rights. The questions looked at here consider issues such as public order law; the right to protest; the right to freedom of peaceful assembly; and police powers to arrest and search on reasonable suspicion.","PeriodicalId":412544,"journal":{"name":"Concentrate Questions and Answers Public Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116922598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-09DOI: 10.1093/HE/9780198715733.003.0004
R. Clements
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter considers the royal prerogative. The questions deal with issues such as the continued existence of prerogative power; the Queen’s formal legal power; the UK government’s exercise of royal prerogative powers; the use of the prerogative in foreign affairs; and judicial review of the prerogative. Many of the prerogative powers are now exercised by the Prime Minister in the name of the Queen.
{"title":"4. The royal prerogative","authors":"R. Clements","doi":"10.1093/HE/9780198715733.003.0004","DOIUrl":"https://doi.org/10.1093/HE/9780198715733.003.0004","url":null,"abstract":"The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter considers the royal prerogative. The questions deal with issues such as the continued existence of prerogative power; the Queen’s formal legal power; the UK government’s exercise of royal prerogative powers; the use of the prerogative in foreign affairs; and judicial review of the prerogative. Many of the prerogative powers are now exercised by the Prime Minister in the name of the Queen.","PeriodicalId":412544,"journal":{"name":"Concentrate Questions and Answers Public Law","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114695975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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