Critically Assess the Jurisprudence of the European Court of Human Rights and its Impact on the United Kingdom Legal System.

Critically assess the jurisprudence of the European Court of Human Rights and its impact on the United Kingdom legal system.

 Introduction to Business Law

WRITTEN ASSIGNMENT=

WORD COUNT:      2250 Words

QUESTION:

Critically assess the jurisprudence of the European Court of Human Rights and its impact on the United Kingdom legal system.

OBJECTIVE:

The objective of this written assignment is for you to analyse case law of the European Court of Human Rights (“the ECtHR”), and the effect of such case law within the United Kingdom.

TASKS

You should initially provide a comprehensive description of the ECtHR, why it was set up and how it fits within the overall framework of the European Convention of Human Rights (“ECHR”). You will need to provide an analysis of the ECHR, but any in-depth analysis of individual Convention rights should be directly linked to your case analysis of ECtHR jurisprudence.

You will need to explain how ECHR applies within the UK legal system. Consequently you need to provide a short analysis of the Human Rights Act 1988 (“HRA 1998”). It would be helpful to provide a description of the main provisions of this statute and how the HRA 1998 has implemented Convention rights into UK law.

You should provide a description of the impact of both the ECHR and HRA on domestic UK law. In doing so you are expected to provide examples from the numerous UK domestic case law and case law of the ECtHR that is available.

INSTRUCTIONS FOR COMPLETION OF THE ASSIGNMENT:  

You should present the assignment in the form of an essay of not more than 2250 words. You will be expected to refer to the recommended textbook, Business Law, Macintyre, E. (9^th Edition) and/or Law for Business Students, Adams, A. (10^th Edition). Credit will be given where you have clearly shown independent research by reference to other relevant textbooks, internet resources and legal journals/articles – In such event you should provide a detailed bibliography identifying your sources. The bibliography does not form part of the overall word count.

ASSESSMENT:

The written assignment will be marked out of 100. The assignment counts towards 90% of the overall mark for the LAW5A4 Module. Please note that the grade for your written assignment may be capped at 40% unless there are extenuating circumstances.

Marks will be given for:

• Quality of response to the presented question.
• Demonstrating a broad knowledge and general understanding of the main areas covered by the presented question.
• Demonstrating awareness and understanding of the specific issues raised by the presented question.
• Collection, comparison and synthesising relevant information from different sources.
• Presentation of an analytical conclusion in response to the presented question.