“The conclusion of a majority of the Commission’s members is…that the case has been made out in principle for a UK Bill of Rights protecting everyone within the jurisdiction of the UK…this conclusion is put forward on the basis that such a Bill would incorporate and build on all of the UK’s obligations under the European Convention on Human Rights.”
Commission on a Bill of Rights (2012) A UK Bill of Rights? The Choice Before Us, Volume 1 http://www.justice.gov.uk/about/cbr (accessed 3 February 2014)
Explain how human rights are currently protected in the UK. Based on your explanation, discuss whether you agree with the views of the majority of the Commission concerning a UK Bill of Rights.
Advice on answering question 1
In answering question 1, we are looking for you to demonstrate that you have met the assessment criteria in the following ways:
Knowledge and understanding
You should show that you can explain how human rights are protected in the UK with reference to the relevant provisions of the Human Rights Act 1998, the European Convention on Human Rights and case law. You should also demonstrate an understanding of the form that a UK Bill of Rights could take.
Cognitive skills
You should show that you can analyse the protection given to human rights in the UK and the arguments for and against a UK Bill of Rights. You should then reach your own reasoned opinion, supported by a logical and coherent argument, on whether the case for a UK Bill of Rights is made.
W200 eTMA Guide 61 © The University of Law Limited 2014Practical and professional skills
You should show that you can find and organise relevant material dealing clearly and logically with the protection of human rights in the UK, using correct citations as necessary and providing an appropriate bibliography.
Key skills
You should set out your answer in a clear, coherent and logical manner which is easy to read and contains few grammatical errors.
QUESTION 2
“Article 101 of the Treaty on the Functioning of the European Union attempts to strike a balance between the need to allow businesses to strike bargains with each other, and the need to ensure that those arrangements do not act against the consumer’s interests.”
To what extent do you think that Article 101 and its supporting notices and regulations strike the correct balance between these two competing interests?
Advice on answering question 2
In this assignment, we are looking for you to demonstrate that you have met the assessment criteria in the following ways:
Knowledge and understanding
This question requires you to have a sound knowledge of Article 101, the way it works to prevent anti-competitive arrangements, and how its exceptions and exemptions create a balance so that freedom to trade in fair circumstances is not affected. You should ensure that you are familiar with the content of Units 26 and 27 before attempting it.
Cognitive skills
You may be familiar with the legislation but in order to do well you must analyse how it works and its impact on anti-competitive behaviour. You must show you can differentiate between the way it affects harmful activity, and the way it avoids hindering innocent commercial activity.
Practical and professional skills
Your essay should be cogent, well-structured, clear, and well-argued. It should strike a sensible balance and include a good conclusion.