Constitutional law

Order Description

Please answer BOTH Parts A and B

Consider the following hypothetical events according to UK constitutional conventions.

In 2016, the United Kingdom (UK) holds a referendum on whether it should continue to be a member of the United Network Command for Law and Enforcement (UNCLE), an international organisation ensuring cooperation between States’s law enforcement agencies. Prime Minister Waverly is in favour of the UK’s continuing membership of UNCLE, but he allows his cabinet colleagues to campaign on both sides of the debate in the run up to the referendum vote. Napoleon Solo, Secretary of State for the Home Office and a Cabinet Minister, strongly opposes the UK’s continued membership of UNCLE. In a television interview, held a few days before the referendum vote is to occur, Napoleon argues vociferously in favour of the UK leaving UNCLE. In the interview he constantly refers to a report that his department has produced that shows that the UK’s continued membership of UNCLE would greatly reduce the effectiveness of the UK’s own law enforcement agencies in the future.

When the referendum vote is held, it goes in favour of the UK leaving UNCLE. Napoleon’s views and his department’s report are instrumental in ensuring this result. Two months later, however, it is revealed that the Home Office report is inaccurate and completely misleading. Napoleon had delegated responsibility for producing this report to a civil servant within his department.

Part A – 1,000 words
Advise Napoleon Solo on whether or not he has broken any constitutional convention(s) and so needs to resign as a Cabinet Minister.

AND

Part B – 1,000 words
Napoleon Solo has heard that even if he has broken any constitutional conventions, as conventions are not law, there is no means to enforce them. Advise him on the similarities and differences between law and conventions.

General Guidance:
1. The assignment is 2,000 words in total. You are to write 1,000 words on Part A and 1,000 words on Part B. The 10% word allowance applies to both parts. Please provide an accurate word count for each part.

2. Part A is a problem question. As you have 1,000 words, you need to focus quickly onto the issues in the question rather than simply attempt to write all you know about the topic. In order to produce a good answer to Part A, you must identify the issues in the question; identify the relevant constitutional conventions that apply; explain and illustrate these conventions and apply them to the question to provide the advice.

3. Part B is an essay question. As you have 1,000 words, you need to focus quickly onto the issues in the question rather than simply attempt to write all you know about the topic. In order to produce a good answer to Part B, you must identify the main issues in the question; explain and illustrate the issues with authorities and apply them to the question to provide the advice.

4. All material drawn from textbooks, articles, internet sites etc must be fully referenced using Oscola.

5. As a starting point for reading material, look at textbooks and reading lists. Follow up references in such material.
6. The main skills that are being assessed by this assignment is the ability to:
· Identify legal and related issues raised by the question
· Identify and utilise an appropriate range of sources
· Apply and analyse relevant knowledge and legal authorities
· Present appropriately structured answers
· Cite and reference material appropriately

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