Explain the key foundational principles, theories and/or rules underpinning UK constitutional law and the contextual factors which shape the operation of the UK’s constitution  

The Assessment Task

This assignment requires you to apply your knowledge and understanding of constitutional conventions to a current constitutional event, ie a situation where a Minister may have breached a constitutional convention. The assignment requires you to identify and apply the relevant convention, as well as the potential consequences for the Minister of any breach.

Your briefing is 1,000 words, which should be written in bullet point format. Communicating your points as clearly and succinctly as possible is key to covering what you need to address within the word allowance.

Choose ONE of the Ministerial situations below and see the Instructions which follow:

Ministerial situations

1.Dominic Cummings, Special Advisor to the Prime Minister: If Dominic Cummings had been a government Minister when he allegedly broke the national Lockdown rules, should he have resigned according to constitutional conventions?

OR

2.Gavin Williamson, Minister for Education: According to constitutional conventions, should Mr. Williamson have resigned because of the Department of Education’s handling of the A level grading and results process in August 2020?

OR

3. Priti Patel, Home Secretary: Due to her treatment of civil servants within her department, should she have resigned according to constitutional conventions?

Instructions
Your briefing is to be addressed to the Minister who seeks advice on whether, in the light of their situation, they have broken a constitutional convention and if so, what the consequence could be.

Your briefing is to
Identify and briefly explain the factual situation involved (ie what has happened to raise the issue)
Identify and explain the constitutional convention relevant to the situation
Using appropriate authority, identify and explain examples relating to the constitutional convention in question in order to illustrate its operation
Apply these authorities and examples to the facts established in order to advise the Minister on whether or not (s)he has broken the constitutional convention
Identify and explain the consequence(s) for the Minister of a breach of constitutional convention

Your briefing must be properly referenced using OSCOLA.

Learning Outcomes
On successful completion of this assessment, you will be able to:
a) Explain the key foundational principles, theories and/or rules underpinning UK constitutional law and the contextual factors which shape the operation of the UK’s constitution

d) Sort, order and reference material and ideas drawn from a range of sources into logical lines of argument to propose solutions to questions set

e) Effectively communicate and argue ideas in structured, well written English

f) Identify, select and justify chosen solutions to factual situations (real and hypothetical)

Your grade will depend on the extent to which you meet these learning outcomes in the way relevant for this assessment. Please see the grading rubric on NILE for further details of the criteria against which you will be assessed.

Word Limits
The maximum word limit for this assessment is 1,000 words

In accordance with the Assessment and Feedback Policy, where a submission exceeds the stipulated word limit by more than 10%, the submission will only be marked up to and including the additional 10%. Anything over this will not be included in the final grade for the assessment item. Abstracts, bibliographies, reference lists, appendices and footnotes are excluded from any word limit requirements.

In line with the same Policy, where a submission is notably under the word limit, the full submission will be marked on the extent to which the learning objectives have been met.

Assessment Support
Specific support sessions for this assessment will be provided by the module team and notified through NILE. You can also access individual support and guidance for your assessments from Library and Learning Services. Visit the Skills Hub to access this support and to discover the online support also available for assessments and academic skills.

Academic Integrity and Misconduct
Unless this is a group assessment, the work you produce must be your own, with work taken from any other source properly referenced and attributed. For the avoidance of doubt this means that it is an infringement of academic integrity and, therefore, academic misconduct to ask someone else to carry out all or some of the work for you, whether paid or unpaid, or to use the work of another student whether current or previously submitted.

For further guidance on what constitutes plagiarism, contract cheating or collusion, or any other infringement of academic integrity, please read the University’s Academic Integrity and Misconduct Policy. Also useful resources to help with understanding academic integrity are available from UNPAC .

N.B. The penalties for academic misconduct are severe and can include failing the assessment, failing the module and expulsion from the university.
Assessment Submission
To submit your work, please go to the ‘Submit your work’ area on the NILE site and use the relevant submission point to upload your report. The deadline for this is 11.59pm (UK local time) on the date of submission. Please note that essays and text based reports should be submitted as word documents and not PDFs or Mac files.

Written work submitted to TURNITIN will be subject to anti-plagiarism detection software. Turnitin checks student work for possible textual matches against internet available resources and its own proprietary database. Work

When you upload your work correctly to TURNITIN you will receive a receipt which is your record and proof of submission. If your assessment is not submitted to TURNITIN, rather than a receipt, you will see a green banner at the top of the screen that denotes successful submission.

N.B Work emailed directly to your tutor will not be marked.
Late submission of work
For first sits, if an item of assessment is submitted late and an extension has not been granted, the following will apply:

Within one week of the original deadline – work will be marked and returned with full feedback, and awarded a maximum bare pass grade.
More than one week from original deadline – grade achievable LG (L indicating late).

For resits there are no allowances for work submitted late and it will be treated as a non-submission.

Please see the Assessment and Feedback Policy for full information on the processes related to assessment, grading and feedback, including anonymous grading. You will also find the generic grading criteria for achievement at University Grading Criteria. Also explained there are the meanings of the various G grades at the bottom of the grading scale including LG mentioned above.
Extensions
The University of Northampton’s general policy with regard to extensions is to be supportive of students who have genuine difficulties, but not against pressures of work that could have reasonably been anticipated.

For full details please refer to the Extensions Policy. Extensions are only available for first sits – they are not available for resits.
Mitigating Circumstances
For guidance on Mitigating circumstances please go to Mitigating Circumstances where you will find detailed guidance on the policy as well as guidance and the form for making an application.

Please note, however, that an application to defer an assessment on the grounds of mitigating circumstances should normally be made in advance of the submission deadline or examination date.

Feedback and Grades
These can be accessed through clicking on the Feedback and Grades tab on NILE. Feedback will be provided by a rubric with summary comments.

Briefly explain what analysis a court would use in determining whether a state law that conflicts with a federal regulation, absent federal preemption, should be held constitutional.

Answer the following questions using examples from the readings in Week 2 and any other sources you identify. Write in complete sentences using proper APA citation format as necessary. Answer all parts of the questions. Your response should contain a minimum of 300 words.

1. The World-Wide Volkswagen case (chapter 4) is considered an instrumental case in determining the constitutional limits of obtaining personal jurisdiction over out-of-state defendants. Briefly explain the finding of the court in this case and how that finding relates to the concept of long-arm statutes.
2. What do the two cases presented in (chapter 5), Rent-A-Center, Inc. v. Antonio Jones and 14 Penn Plaza, LLC. v. Pyett, reveal about how businesses and the Supreme Court view arbitration?
3. Briefly explain what analysis a court would use in determining whether a state law that conflicts with a federal regulation, absent federal preemption, should be held constitutional. (chapter 6)
Save your file as MGMT5413_YourName_Wk2Assignment

How can companies get started with employee ownership?

How can companies get started with employee ownership?

Describes the pros and cons of having lifetime appointments for Supreme Court Justices in the United States.

Describes the pros and cons of having lifetime appointments for Supreme Court Justices in the United States.

Write a brief history of how and why the ″Bill of Rights″ was necessary in a well functioning society.

It’s on the first amendment
Write a brief history of how and why the ″Bill of Rights″ was necessary in a well functioning society.
How the first amendment was included in the Bill of Rights
Why the first amendment is still important till this day
Some arguments against the right
What it′s like in some places that don′t have this right

It must have logos, ethos and pathos
2 direct quotes
One block quote
A work cited page
Use 3 of these words: ideology; vernacular; desultory; schismatic; serfdom; fable

Advise them of the best business model and include in your advice why they should chose it.    Describe the possible advantages and the legal dangers that can be encountered in business.    

From the selection of essay questions below select ONE.   Where multiple questions are answered only the first one will be graded.

All answers must contain references to legal authority wherever a point of law is made. Use the alpha-numeric system of referencing at page 4 of the Oscola Referencing Guide for case law and statutory authorities. All other references will use the Harvard system standard to University of Lincoln referencing.

Do ensure that all references are properly cited to avoid high Turnitin readings. Law essays often give high Turnitin readings but proper referencing makes it easy for those marking to account for this.

Q1.      Alfonse is a keen art collector and is eager to buy a statue he has seen in a dealer’s gallery catalogue.  The statue is of a young female dancer and would appear to be by Degas.   On Monday he goes to see the dealer and asks to see the statue.

Upon examination of it he asks the dealer “if this is a genuine Degas, should it not be numbered”.  The dealer says “if it is not, I will not only return the price you pay for it but I will give you £5,000 for your trouble”.

On Wednesday he returns to the shop and the dealers partner is there.  He says he has come to pick up the statue and pays her the £80,000  taking the statue with hm when he leaves.   The following day an associate of Alphonse tells him the statue is a very clever fake almost indistinguishable from the original.  He takes the statue back to the shop and asks the dealer for £85,000 to be paid to him for its return.

Advise Alphonse of any legal rights he may have.

Q2.      Duress and undue influence can make a usually legally enforceable contract void.  Describe what is meant by duress and undue influence and explain how they are distinguished from the normal commercial pressure applied in contractual negotiations.

Q3.      Abigail, Basil & Cynthia are graduates from Boomtown University Business School and its College of Arts.  They have been close friends since they enrolled three years ago and Basil & Cynthia are now engaged.

They have decided to start a company together to sell the clothing designs they have made during their undergraduate studies. Cynthia obtained a first class degree and Streetwise Fashions have bought some of her work.

The three friends decide they will sell clothing online and Abigail, who has inherited £200,000 from her grandmother’s estate puts in £150,000 to start the business.  Basil studied accounting and Cynthia studied fashion and marketing.  They intend to supplement their business by selling commercially obtainable designer clothes alongside their own designs.

They have now come to see you for business advice and want to know what is the best form of business structure to use for this venture.

Advise them of the best business model and include in your advice why they should chose it.    Describe the possible advantages and the legal dangers that can be encountered in business.

Discuss Leadership and supervisory typologies in policing.

Discuss Leadership and supervisory typologies in policing.

Discuss important things you learned in government.

Discuss important things you learned in government.

What ideas did you find personally meaningful or will have an impact on your work in the field?

For the discussion this week, describe what you read about juvenile drug courts. You may wish to focus on the varying missions and processes, how drug use policy in the U.S. influenced the development of drug courts, treatment oriented interventions in the criminal justice system, or the provision of drug testing, case management, or related health and social services. You may want to also consider the experience of culturally diverse or unique populations. How do they fit into the drug court model? What provisions, if any, would be helpful for diverse populations?

While completing the weekly postings, remember the following questions:
What did you learn from the readings / class discussion for the week?
What points, if any, in this class / material did you agree with, find interesting or helpful (take notes of key concepts)?
What points, if any, did you not like, disagree with, or found not helpful?
What ideas did you find personally meaningful or will have an impact on your work in the field?

This is where you can go to:

Discuss how effective the CONTEST strategy has been in combatting extremism in the UK.

1. ‘All terrorists are radicals, but not all radicals are terrorists’ (Neumann, 2008; 2013; 2016). What does this statement imply? Can a person be radicalised and never turn to terrorism? Critically motivate your answer referring to relevant literature discussed during the sessions.
‘2. Shock, demolish and rebuild’ (Orofino, 2015; 2020) is a common strategy used by extremist and terror groups to recruit and ‘fidelise’ their members. How does it work? Explain and discuss.
3. Discuss how effective the CONTEST strategy has been in combatting extremism in the UK.
4. Shamima Begum– who fled the UK when she was 15 to join ISIS – has said her ‘whole world fell apart’ when she discovered that she had been stripped of her British citizenship (The Guardian, 2020 (Links to an external site.)). Discuss the case of Shamima Begun in light of the ‘factors of radicalisation’ and the theoretical models (i.e. ‘staircase, pyramid and conveyor belt to terrorism’) studied during the sessions. Develop a critical argument explaining why Shamima decided to join ISIS espousing their ideological cause.
5. Hizb ut-Tahrir and the English Defence League – apparently very different but with a lot in common! Use the two groups as case-studies to compare and contrast Islamist and far-right non-violent extremism and explain how the two can strengthen each other in a vicious cycle.
Make sure you develop a clear argument, critically discuss your ideas and the motivations you decide to include in your essay.

Make sure you include relevant academic literature on:

The theoretical models explaining the escalation from radicalisation to extremism and terrorism
The triggers that push individuals towards radical and extreme beliefs, i.e. ‘emotional factors’ and the ‘environmental factors’
The process of recruiting and ‘fidelisation’of members within an extremist group
The impact and implications of counter-terrorism policies, prevention strategies and disengagement programmes