Public Law Formative

Question:

“The UK’s constitution is no longer—if it ever was—a distinctively political constitution”.

Discuss

Complete the following tasks:

1. Write an introductory paragraph to the above question. This paragraph should set
out: your argument, and the key points that your essay will make in pursuit of your
argument (max 250 words).
a. In this introductory paragraph, you should set out whether or not you agree
with the statement in the question and the reasons why.
2. Write a section of your essay that deals with ONE of the key points that your
introductory paragraph mentions (max 350 words).
3. Write a bibliography containing the primary and secondary sources you plan to use
in your essay.
Word limit: 600 words, including footnotes but not including bibliography.

You must follow the OSCOLA standard of legal citation.

 Full OSCOLA Guide:

https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012.pdf
 Quick OSCOLA Reference Guide:
https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012quickreferenceguide
.pdf

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 Formative Marking

Instructions for markers

 Read the formative assignment that has been assigned to you.

 Please answer the following questions in Part 1, 2 and 3 as best you can.
 Try and evaluate the submission against the marking criteria and award a grade.
 Don’t worry too much about the grade you award or even the grade you have received. This
formative assessment is designed so that you gain as much understanding about essay
writing at university level from marking part of the formative as you did from writing your
own essay plan.

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 PART I

1. Write an introductory paragraph to the above question. This paragraph should set out: your
argument, and the key points that your essay will make in pursuit of your argument (max
250 words).
a. In this introductory paragraph, you should set out whether or not you agree with the
statement in the question and the reasons why.

A. Does the introductory paragraph explain whether the author agrees/disagrees with the
statement?
o Did you understand the author’s argument?
o Could the argument have been clearer?
o If so, how?

Explain your reasoning:

The author’s argument suggests that they agree with the statement very clearly. They state the
history of the constitution and give examples (The Human Rights Act 1998) to how it has changed to
a legal constitution.

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 B. What KEY POINTS in the Introduction does the author say their essay will cover?
o Do you agree that these are key points that need discussing to answer the question?
o Are there any points you think that the author should address?
o Do you think it would be possible to cover ALL the points the author proposes to cover in
a 1,500 word essay?

Explain your reasoning:

The following points are discussed: How it has changed from political to legal; Reference to the
Human Rights Act; Courts having more power therefore holding the Government accountable

I agree that these are the key points that need discussing to answer the question

The author maybe should have addressed the ways in which the UK Constitution was a Political one
(With examples)

I think it would be possible to cover all the points the author proposes to cover in a 1,500 word essay

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 PART 2

2. Write a section of your essay that deals with ONE of the key points that your introductory
paragraph mentions (max 350 words).

A. Summarise the main point the author is making:

o Was the author’s point clear (easy to understand)?

Explain your reasoning:

The main point the author is making is the fact that the UK constitution is now more legal than
political, this is supported by the idea that Judges have more power now and hold the Government
accountable for their actions.

The author’s point was clear and easy to understand.

B. Was the author’s point relevant to the question asked?

o Did the author explain how this point backs up their overall argument on whether
they agree or disagree with the statement in the question?
o Did the author stay “focused”? I.e. did they include any unnecessary detail that you
did not think was required to answer the question?
o Did they include any material or make any points that you think were relevant to the
author’s argument stated in the introductory paragraph?
o Did the author demonstrate detailed and accurate knowledge of the law?

Explain your reasoning:

The author did not explain how this point backs up their overall argument- they could have possibly
linked back to the question and whether they agree/disagree with the statement in the question.

I think the author did stay focused throughout- each example was carefully selected to illustrate their
point.

They included reference to the Human Rights Act 1998 which was mentioned in their introductory
paragraph and that Courts can ‘intervene when a constitutional crisis emerges.’4

The author demonstrated detailed and accurate knowledge of the law

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 C. Did the author ignore any key weaknesses or any key arguments against their point?

o If so, what arguments or weaknesses did they ignore?

Explain your reasoning:

The author did not include any weaknesses or any weaknesses against their point; they included
well- detailed arguments in support of their point but not an opposing view.

D. What primary and secondary sources did the author use when making their argument?

o Did they omit any key, relevant sources?

Explain your reasoning:

From their references they included relevant secondary sources- Maybe could have included some
primary sources when making their arguments?

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 PART 3

RESEARCH SKILLS

A. Did the author include a bibliography?

No

B. Did the author use primary sources AND secondary sources in their essay plan?

No

C. Did the author omit any primary or secondary sources that you thought would be helpful to
include?

If yes, which sources would be helpful?

Colm O’Cinneide, ‘Human rights and the UK constitution’ (published 2012), ch 2

D. Did the author follow OSCOLA?

Yes

OVERALL SCORE

Please try and fill in the below table. Consult the marking criteria below. The marking criteria were
taken from the Law Student Handbook which you should familiarse yourself with.

Marking Evaluation
Adequat Needs
Excellent Very Good Good e Significant

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 Improvement

Critical Appraisal 
Research and Sourcing Useful
Materials 
Self Management and Attention to
Detail 
Persuasive Communication 
Problem Solving 
Subject Knowledge 
Pass Fail
Command of English Language

Grade Awarded 2:2

Have you any further comments you would like to add?

Great first attempt 😊

Hope the feedback makes sense- and helps!

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4.11 Marking Criteria
The criteria used to assess examination scripts, course essays, dissertations etc. will vary
somewhat according to the nature of the subject, the learning outcomes of the module, the
level (for example whether first year or final year) and the type of question (for example,
essay or problem). Generally, however, criteria similar to those set out below will be used.
Bear in mind, when comparing your own work to the criteria that just achieving some of the
features listed below for a particular grade does not automatically guarantee that you will
have reached that grade. It is imperative that you answer the question that is actually set.
The work is to be assessed by reference to performance on each of the criteria indicated
Criteria
Excellent
Very Good
Good
Adequate
Needs Significant Improvement
Critical Appraisal
Your work demonstrates an excellent ability to produce a synthesis of relevant legal issues
and present an argument supporting your reasoned choice between alternative solutions.
Your work demonstrates a very good ability to produce a synthesis of relevant legal issues
and present a sound argument supporting your choice between alternative solutions.
Your work demonstrates a good ability to produce a synthesis of relevant legal issues. You
present a limited argument that is somewhat tied to your choice between alternative
solutions.
Your work demonstrates no more than an adequate ability to produce a synthesis of relevant
legal issues. You were limited in your ability to present an argument supporting your choice
between alternative solutions.
Your work was weak at producing a synthesis of relevant legal issues. Your presentation of
arguments needs improvement. You needed to better support your choices between alternative
solutions with sound reasoning.
Research and Sourcing Useful Materials
Your work demonstrates an excellent ability to conduct self-directed research, including
accurate identification of issues which require researching, retrieval of accurate, current and
relevant information from a range of appropriate sources.
Your work demonstrates a very good ability to conduct self-directed research, including
substantially accurate identification of issues which require researching, retrieval of accurate,
current and relevant information from a range of appropriate sources.
Your work demonstrates a good ability to conduct self-directed research. You usually
accurately identify issues which require researching and retrieve a limited range of accurate,
current and relevant information from appropriate sources.

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 Your work demonstrates no more than an adequate ability to conduct self-directed research.
You were limited in your ability to accurately identify issues which require researching. You
needed to better retrieve accurate, current and relevant information from appropriate sources.
Your work was weak at conducting self-directed research. You were very limited in your
ability to accurately identify issues which require researching and you need to improve the
range of relevant information from appropriate sources that you rely upon.
Self Management and Attention to Detail
Your work demonstrates an excellent ability to take care with your work, edit and review in
detail, reflect, make effective use of feedback, and a willingness to acknowledge and correct
errors.
Your work demonstrates a very good ability to take care with your work, edit and review in
detail, reflect, make effective use of feedback, and a willingness to acknowledge and correct
errors.
Your work demonstrates a good ability to take care with your work, edit and review it. There
are some errors remaining within the work.
Your work provides only a limited demonstration of an ability to take care with your work.
Editing is only adequate and a number of errors remain uncorrected.
Your work does not provide a good demonstration of an ability to take care with your work.
Editing is weak and there are a significant number of errors that remain uncorrected.
Persuasive Communication
Your work demonstrates an excellent ability to communicate your ideas and critical appraisal
of legal matters, including an ability to carefully listen and respond with nuance to written
and/or oral stimuli, including questions and instructions.
Your work demonstrates a very good ability to communicate your ideas and critical appraisal
of legal matters, including an ability to listen and respond to written and/or oral stimuli,
including questions and instructions.
Your work demonstrates a good ability to communicate your understanding and evaluation of
legal matters, including a broad ability to listen and respond to written and/or oral stimuli,
including questions and instructions.
Your work demonstrates an adequate ability to communicate your understanding in relation
to legal matters, including an ability to listen and respond to a majority of written and/or oral
stimuli, including following most instructions.
Your work does not demonstrate an adequate ability to communicate in relation to legal
matters. You do not respond adequately to written and/or oral stimuli.
Problem Solving
Your work demonstrates an excellent ability to apply knowledge and understanding to offer
evidenced conclusions, addressing complex actual or hypothetical problems.
Your work demonstrates a very good ability to apply knowledge and understanding to offer
evidenced conclusions, addressing complex actual or hypothetical problems.
Your work demonstrates a good ability to apply knowledge and understanding to offer
reasonably well evidenced conclusions in response to a problem.
Your work demonstrates only an adequate ability to apply knowledge to a problem. Your
conclusions could often have been better evidenced.
Your work does not demonstrate sufficient ability to apply knowledge to a problem. Your
conclusions often went unevidenced.
Subject Knowledge
Your work demonstrates excellent subject knowledge, an ability to identify gaps in your
knowledge and appropriately acquire new knowledge to advance and support arguments.

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 Your work demonstrates very good subject knowledge, an ability to identify gaps in your
knowledge and appropriately acquire some new knowledge to gain a sound understanding of
the area.
Your work demonstrates good subject knowledge, an occasional ability to identify gaps in
your knowledge and appropriately acquire some new knowledge to gain an understanding of
the area.
Your work demonstrates adequate subject knowledge, but there are gaps in your knowledge
that you did not appropriately address.
Your work demonstrates inadequate subject knowledge. There are significant gaps in your
knowledge.
Command of English Language
Pass
- The work is written/spoken to an acceptable standard of English.
- Spelling, punctuation, vocabulary, sentence construction, and textual coherence is of an
acceptable standard.
Fail
- Poor standard of written/spoken English, making it difficult to understand the points being
made.
- Weaknesses of writing/speaking are so frequent or serious that they impede communication.

1. UG modules (includes foundation level modules)

First Class - only the following marks may be used

Bare First
Mid-Level First
Good First
Very Good First
Excellent
72
76
79
83
85+
2(1), 2(2) or 3rd Class - only the following marks may be used
Class
Bare
Mid
High
2(1)
62
65
68
2(2)
52
55

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 58
3rd
42
45
48
Fail - only the following fail marks may be used
An answer which identifies most of the main issues but, in addressing them, makes some
significant errors.
38
An answer which identifies many of the main issues but, in addressing them, betrays a
serious lack of both knowledge and understanding. Also includes instances where the
candidate misinterprets the question and provides an answer that discusses in a competent
manner issues that are only tangentially relevant.
35
An answer which identifies some of the main issues but, in addressing them, betrays a serious
lack of knowledge and a systemic or fundamental lack of understanding.
30
An under-length answer which briefly identifies some of the main issues (and thereby
demonstrates a limited amount of relevant knowledge) but makes no real attempt to deal with
them, or a short to normal length answer which identifies at least one or two of the main
issues but deals mainly, and poorly, with irrelevant ones.
20
An answer which refers to one or two keywords or concepts but otherwise demonstrates no
relevant knowledge or understanding.
10
An answer which contains no evidence of any legal knowledge or understanding.
0

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