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Discuss this assertion on the role and position of Rule of Law in the UK constitutional system.

Coursework/Assessment Element: OUTLINE ESSAY & ANNOTATED BIBLIOGRAPHY (30%); 2,000 word max including footnotes, excluding annotated bibliography.

Work required:

Read Chapter 1 ‘The Rule of law and its Underlying Values’ (taken from Jowell J & Oliver D, The Changing Constitution, 7th ed, OUP 2011 (pp11-34) and conduct your own scholarly research into the nature of Rule of Law and then answer the question below in accordance with the assessment criteria:

“Dicey’s hierarchy of principle, with the Rule of Law playing second-fiddle to the sovereignty of Parliament, might be changing, and that the Rule of Law enforced by the courts is the ultimate controlling factor on which our constitution is based.” Jowell J and Oliver D, ‘Changing Constitutions’, 2001 p12 (citing Lord Hope (obiter) in R (Jackson) v A-G [2005] UKHL 56).

Discuss this assertion on the role and position of Rule of Law in the UK constitutional system, citing appropriate evidence in support of your arguments.

We are expecting you to refer to a range of authoritative sources (at least 5 other sources) in your answer to this question, and to draw upon your knowledge of question dissection, research, evidencing, citing, referencing and writing developed in Legal Skills and Processes.

THE STYLE IS OSCOLA


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