Common Law Reasoning

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RESEARCH ESSAY Common Law Reasoning and Institutions

Researching and writing one essay from a choice of six titles provided (see below) is a compulsory part of the Common Law Reasoning and Institutions (CLRI) subject. You must also be prepared to answer a series of reflective questions on your research essay in the May/June Analyse the adequacy and relevancy of the crime control and due process models for understanding criminal justice, with reference to the jurisdiction you are in and/or England and Wales. ‘It is healthy that the civil justice system is adversarial. This would ensure that only claims or defences that are worthy would stay the course.’ Analyse this statement in light of research on the actual operation of civil justice systems. You can have reference to any jurisdiction. ‘A core function of any Supreme Court is to challenge or even strike down, legislation that the judiciary regards as incorrect. By denying the Supreme Court for the United Kingdom this function of a Supreme Court has been created in name but not in function. It would be better if no change had been made at all.’ Discuss. ‘The emphasis on diversity in the judiciary is unnecessary. The culture of any judiciary is by nature conservative and there is no evidence that an unrepresentative judiciary would or do come to different decisions than a representative one.’ Discuss. ‘The HRA 1998 has had little impact upon protecting the basic liberties of the British subjects and could be repealed without any consequence.’ Discuss. ‘Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.’ Discuss.

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