Introduction to Law Essay PDF

Preview

Summary

Document on how to write essays, from textbook notes....

Description

Writing introductions to essays in law Assessment criteria 1. Addresses the question: show the examiner that you have an answer to the question by addressing it directly 2. Structure: use the introduction to make a claim that answers the question; the body of the essay will provide the evidence 3. Communication: ensure your writing is clear, concise and precise Types of essay question  A quote followed by an instruction: o ‘The courts should be more confident in enforcing constitutional conventions, because the line between the legal and political is impossible to draw.’ Discuss  You should indicate in the introduction whether you broadly agree or disagree with the position established in the quotation.  You should explain the main reasons why you agree or disagree; you may then go on to explain how you intend to prove or evidence your position. Example introduction  The courts have held that conventions are not legally enforceable. However, the author of the above quotation is right to hold that the courts should now begin to enforce at least some conventions, because there is often a legal context underpinning the convention at hand. Indeed, there are signs that the courts are beginning to do this already, most notably in the recent Supreme Court decision in Miller No.2/Cherry. This essay will examine the Miller No.2/Cherry decision and other case law in showing the gradual evolution towards enforcement of conventions. It will also go on to explain that the Supreme Court missed an important opportunity in Miller No.1 to provide judicial enforcement of the Sewel convention and thus give effect to the process of devolution, which is not just a political matter, but a legal settlement of legislative and executive power. Claims that must be proven (for main body of essay)  Conventions not normally legally enforceable (Jonathan Cape; Re Amendment of the Constitution of Canada; Madzimbamuto)  Courts should begin to enforce conventions (see academic commentary from Week 3)  There is often a legal context underpinning the convention (academic commentary)  The courts are doing this already (Miller 2; academic commentary)  Evolution of case law towards judicial enforcement (Evans, Miller 2)  Missed an important opportunity to enforce conventions (Miller 1)  Devolution as a settlement of legal power (Scotland Act 1998; academic commentary; case law)

Other essay question formats  A simple instruction: o Critically discuss the role the courts play in respect of constitutional conventions. o Evaluate the case for judicial enforcement of constitutional conventions. Summary 1. Show the examiner that you are taking this question seriously, and you have an answer to it. You can provide nuance in your answer, but don’t sit on the fence. 2. Use your introduction to make claims (that will be later evidenced or proven in the body of the essay). 3. Indicate your main reasons, but don’t worry just yet about conveying full knowledge - that can be done later. 4. Indicate a road map about how you will provide the proof to your claims....