1. How did the Court reach its decision in the case? (45%) 1.b. What is the ratio decidendi of the case? (5%)
2. Do you find the Court’s decision to be convincing? Which decision do you prefer (Lady Hale or Lord Carnwarth Give reasons for your answer. (50%)
PART B: Research Essay (worth 70% of the overall mark) Page limit: Seven (7) pages, including footnotes but excluding bibliography
Discuss by reference to TWO seminar readings:
“A law, which actually exists, is a law, though we happen to dislike it, or though it vary from the text, by which we regulate our approbation and disapprobation.” (John Austin)
Page limit: Seven (7) pages, including footnotes but excluding bibliography. The structure of the paper is crucial (Introduction covers the aim (purpose) of the paper, what Austin aimed to say with his words, what does the paper support? What is it going to explain, discuss? The main body needs sub-titles and it should be related to those 2 seminar readings which will be decided by the writer), the conclusion should be 8-9 sentences, including what the paper has covered in 7 pages.