As published on the Laws VLE Nov 2010
Common Law Reasoning and Institutions
The research essay topics for the 2010–11 academic year are: 1. Analyse the adequacy and relevance 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.
(crime control + due process models ( criminal justice)
2. ‘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 refer to any jurisdiction.
(Civil justice system is adversarial ( healthy)
3. ‘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, 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.
(Supreme court’s core function ( deny supreme court)
4. ‘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 does come to different decisions than a representative one.’ Discuss.
(Diversity is unnecessary (unrepresentative come to different decisions )
5. ‘The HRA 1998 has had little impact upon protecting the basic liberties of British subjects and could be repealed without any consequence.’ Discuss.
(HRA 1998 has little impact ( protect basic liberties and repealed without consequence)
6. ‘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.
(案例 ( can be a practice not rules ( refined and changed by courts)
University of London
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