Tort, Intellectual Property And Media Law Assignment Topics & Ideas

This law area has 12 assignment topics and ideas ontort, intellectual property and media law. Please use this material to help you in your law studies and to help craft your very own assignment topic.

1. Should the Law of Negligence apply to Personal injury Claims or should a No-Fault System be implemented into English Law?

This assignment topic will explore the no-faultsystem of New Zealand, the hybrid system of Australia and the fault based model of English law to consider which the correct approach to take is. The benefit of the no-fault model is that it removes a lot of the barriers and access to restitution for victims. On the other hand, it may create a compensation culture, which the conservatism of the English judiciary under negligence law has traditionally aimed to prevent. Therefore, the synthesis of English case law will be considered to see if the traditional fault based approach should remain, or whether the no-fault system should be implemented into English law.

2. Should there be a Reform of English Tort Law with regards to Psychological Shock?

The law associated with psychological shock has been a significant barrier to claims in negligence law, because it has always been identified as a secondary harm in English law (Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310). The Australian system has codified its approach to psychological shock, in order to allow greater flexibility and ability to take a claim when there is no “physical harm”. Therefore, the following topic will compare the Australian and English approaches, in order to determine if the English tort of negligence associated with psychological shock should be reformed.

3. Is the treatment of Economic Loss fit for purpose in 21st Century Tort Law?

The prima facie rule in the English tort of negligence is that there is no claim for pure economic loss (Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] 1 QB 27). The Spartan Steel Case based its rationale on the “floodgates” argument; whereby it is not in the interest of public policy to allow such claims, as it may create a compensation culture and “clog” the courts. The exception to this is pure economic loss that is related to professional statements (Hedley Byrne v Heller (1964) AC 465), which has also allowed for a legitimate claim by disappointed customers and associates (White v Jones; Gorham v BT and others [2000] 4 All ER 867). Therefore, this assignment will consider if the law on pure economic loss should be reconsidered.

4. Should there be special Samaritan Protections implemented in English Tort Law, which will allow a more comprehensive application of the neighbour principle?

This assignment topic will explore the rationale for English negligence law not implementing a “Good Samaritan” law, which has resulted in “rescuers” being liable for negligent actions (even if there is good intent). In contrast the USA and Canada have implemented the French “Good Samaritan” laws, which under public policy exempt a rescuer from liability. Thus, the following examination will start from the French foundations of the “Good Samaritan” law, which will then explore why some states have implemented this model and others have not. This discussion will then culminate in a consideration of whether a “Good Samaritan” law should be implemented into English negligence law.

5. Is the current law of copyright impeding the free movement of knowledge and information across Cyberspace?

This assignment topic will explore the concept of “open-source” information, which is “free access” knowledge to all users. The problem with open-source knowledge is that it can be modified with a small element of “creative skill” to become copyrighted. Thus, this raises the question whether it is “moral” for “open-source” materials to be copyrightable in the future. In order to understand the nature of this new area of law the discussion will undertake a comparative review of copyright laws, which will include International Conventions, English, US and Australian laws.

6. Are the moral exceptions in English and EU Patent Law Limiting the Advancement of Scientific Knowledge?

Moral exceptions can be seen as an impediment to innovation in medical inventions, especially in controversial subject areas (e.g. the human genome). The basis of this debate is over the sanctity of life; whereby the belief is scientists reconstructing DNA and cloning stem cells is “playing God”. The nature of s. 1(3) of the Patents Act 1977 allows a broad discretion to refuse patentability based on moral grounds. This means that there are no limits to the public policy or morality grounds, which results in the use of legal provisions to impose a ban on certain types of inventions. There may be strong arguments that some inventions and experiments are not in the public interest; however the question that This assignment topic will explore is whether Intellectual Property law is the correct place for this debate?

7. Should the Doctrine of Equivalents in Patent Claim Interpretation become the International Norm?

The European Patent Convention 2000 (EPC) was reformed in 2007 with the addition of a new Protocol. Article 2 of the Protocol revised Article 69, which aims to harmonise patent claim interpretation. An important element of Article 2 is that it requires the doctrine of equivalents to be implemented, which does not marry with the English Catnic (Catnic Components Ltd v Hill & Smith Ltd [1982] R.P.D. & T.M. 183 (H.L.))/Improver (Improver Corp v Remington Consumer Products Ltd [1990] FSR 181) test. Thus, this discussion will explore the “doctrine of equivalents”, which stems from German law; as well as being implemented in the US model. It will then consider to what extent the English approach marries with this doctrine and what measures have to be undertaken to ensure that there is compliance with the revised Article 2 of the EPC.

8. Is TRIPS fir for purpose when it limits the access to life saving medicine and technologies in the Developing World? An Examination of Articles 27, 30, 31 and 40 of TRIPS:

This discussion will explore whether the current TRIPS model creates “fairness” between developed and developing countries. The focus will be on the compulsory licensing system, which allows for developing states to breach patents in cases of national emergency for public use (e.g. the HIV crisis). This question will explore the moral implications of the TRIPS system and considers if medical patents should be allowed, especially if it prices life-saving medicine out of the reach of the poor. It will then consider the development of the Bolar Exception (Roche Products v Bolar Pharmaceutical (1984) 733 F.2d 858 (Fed. Cir)), which has been affirmed at an international level to allow states to “copy” patented medications for research and development purposes (Canada: Patent protection of pharmaceutical products (Case No WT/DS114/R)). Therefore, the following examination will consider if the Bolar Exception provides a better balance between providing essential medication and economic rights than the TRIPS system.

9. Should Intangible Property, such as Personality Rights and Virtual property, remain in the realm of IP law or should they also be afforded with in rem rights?

This discussion will explore whether the US and Canadian model of personality rights should be implemented into English law. The case of Max Mosley v News Group Newspapers Ltd [2008] EWHC 1777 QB has developed the concept of privacy in English law, which is based on the integrity of an individual's personal space. This raises the question whether there can be personality rights derived under English law, with reference to their development in the USA and Canada.

10. To what extent should morality clauses be used in Entertainment and Media contracts to protect the Celebrity and the Media Company?

The use of morality clauses in US celebrity contracts date back to the Hollywood cases of the Mid-20th Century (Loew's, Inc. v. Cole 185 F.2d 641 (9th Cir. 1950); Twentieth Century-Fo x Film Corp. v. Lardner 216 F.2d 844 (9th Cir. 1954); Scott v. RKO Radio Pictures, Inc 240 F.2d 87 (9th Cir. 1957)). The development of these clauses has centred on protecting the reputation of the company, sport's team the celebrity played for. Thus, in the wake of the “bad publicity” in the Premier League, due to racist and violent acts of footballers, the following assignment will consider if such clauses are enforceable in English law. The main obstacle is that these clauses are based on personality rights, which do not exist in English law; therefore, there will have to be a consideration of these intangible rights.

11. Has the so-called tort of the misuse of private information created a right to privacy?

The tort of misuse of private information was first introduced in the case of Campbell (Appellant) v MGN Ltd. (Respondent) [2004] UKHL 22, which identified that there has to be a balance between the use of private information and public interest. The Max Mosley v News Group Newspapers Ltd [2008] EWHC 1777 QB Case identified that there are certain concerns that are wholly in the private sphere (i.e. private sexual acts). These cases have not created a “privacy right”; rather the tort of misuse of private information was coined. The problem is the boundaries between private rights and freedom of the press have not been properly delineated. Thus, This assignment topic will consider if a privacy law is necessary in the 21st Century.

12. Is the law of Defamation effectively protecting the media's role as the Public Watchdog?

This assignment topic will explore whether English law is effectively protecting a free press in the case of potential defamation. This discussion will explore the Reynolds's Public Interest Defence (as affirmed in Jameel v Wall Street Journal Europe [2006] UKHL 44). The question that will be raised is whether this defence meets the requirements of Article 10 of the ECHR by exploring the jurisprudence of the European Court of Human Rights and English courts. It will then consider the US approach, which ensures that there is a substantive protection of the freedom of the press. Finally, a set of recommendations will be developed in order to support reform of English defamation law.

 

 

 

Public, Constitutional And Administrative Law Assignment Topics & Ideas

This page contains a selection of 6 assignment topics and ideas on public, constitutional and administrative law for you. Please use these topics to help you create your own masterpiece..

1. Should the British Constitution be cemented into writing?

The argument of Barber and Bogdonor et al argue there needs to be a “real consideration” of the core crisis, which is the relational power between parliament and the judiciary as the powers have becometoo fused. In relation to this question Bogdonor et al argue for a written constitution; whereas Barber argues against it. Thus, although both argue there needs to be a new constitutional model, but they vary on the nature of a written and unwritten approach. This examination will explore how the current model is no longer fit for purpose, and identify the form that the re-alignment should be in.

2. Is the Draft Cabinet Manual 2010 sufficient to prevent the future abuse of power by the Executive?

The fusion of the British legislature and the executive has always been criticised, because it does not ensure the necessary independence envisaged by the Dicean model. However, the case of R v HM Treasury, ex parte Smedley [1985] 1 All ER 589 and Duport Steels Ltd and Others v Sirs and Others [1980] 1 All ER 529 held that the English rule of law is based on the separation of powers. Thus, this raises the question whether there are sufficient measures in place to prevent abuse in power. In fact, recent failure to use the Draft Cabinet Manual 2010 illustrates that little has changed; thus should there be a stronger legal right to challenge misuse of power.

3. Is the British Bill of Rights necessary to create a balance between rights and responsibilities?

The ECHR (European Convention on Human Rights) is being challenged with the British Bill of Rights; however the question to be asked is whether this is little more than to reinforce governmental control to limit rights. Thus, this discussion will examine if the argument of rights and responsibilities contained within the Justice Department's Green Paper: Rights and Responsibilities: developing our Constitutional Framework 2009. Therefore, the jurisprudence of human rights law under the ECHR will be compared with the traditional civil liberties approach and the proposed approach in the Bill of Rights Model

4. Is the Royal Prerogative an essential part of the British Constitution?

This assignment topic will explore the arguments supporting the Royal Prerogative in English law. The case law has maintained this approach, even though it was disapproved by Dicey. However, in the era of the ECHR the right for judicial challenge is growing, as confirmed in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2001] QB 1067; R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2006] All ER (D) 149 and A v Secretary of State for the Home Department [2005] 2 WLR 87. Therefore, this discussion will focus on the nature of the Royal Prerogative, Dicean criticisms, traditional case law and the impact of the ECHR.

5. Are the current models of statutory interpretation fit for purpose, especially as the jurisprudence of the European Court of Justice (ECJ) and European Court of Human Rights (ECtHR) infer a more active approach for judges?

The traditional approach to statutory interpretation is limited to either the: literal, golden, mischief or purposive rule. The following examination will explore if judicial activism should be allowed in statutory interpretation, especially given the judicial models applied in the ECJ and ECtHR that are being applied directly in English Courts. Therefore, This assignment topic will explore the jurisprudence of the ECtHR, ECJ and then consider if the statutory models within English law should be expanded.

6. Is the lack of merits based appeal in English law an indication that judicial review is failing complex environmental cases?

This assignment topic will explore the role judicial review in English law, which is limited to a procedural model. The problem with this approach is that complex cases are not being properly considered, which would best be suited with a merits based appeal. On this basis, it is essential to consider merits based administrative processes. Therefore, a comparative case study between Australian and English administrative law will be undertaken, in order to determine if a merits based model should be developed. The use of the environmental case law will be used, because of the specialised processes in place in Australia.

Medical And Family Law Assignment Topics & Ideas

This page contains a selection of 12 assignment topics and ideas on medical and family law. You are welcome to use these topics to help you create your own law assignment topic.

1. Should Lord Lester's Cohabitation Bill 2009 become law?

Lord Lester's Bill was developed to give greater certainty of cohabiting couples on separation, because of the growing models of what constitutes a “family unit” has changed. There are some significant problems with the Bill, because it has been “watered down” to reinforce traditionalist views. Thus, this examination will look at the issues surrounding cohabitation, the suitability of the Bill; as well as recommend if the Bill should be implemented into law.

2. Is the Welfare Principle sufficient enough to deal with the rights of the child in family law?

The welfare principle is at the heart of English family law when determining the rights and interests of the child. Section 1(1) of the Children Act 1989 states:
“When a court determines any question with respect to the upbringing of a child it shall balance the interests of the child with those of the parent, attaching particular importance to the interests of the child which depending on their nature and seriousness may override those of the parent?”

Thus, the interests of the child and the family may be identified as secondary to other interests. The following examination will explore the welfare principle and to what extent it retains the patriarchy of the judiciary, which will be juxtaposed with a pro-child's rights approach.  

3. Is the definition of a parent sufficient or does it still heavily relies on the concept of the nuclear family?

This examination will explore the definition of a parent and subsequently the definition of the family. It will identify to what extent same sex couples can both be parents, the role of biology (including the impact of surrogacy and egg and sperm donation) and the role of unmarred fathers. Thus, a case law review will be undertaken of English and ECHR case law to determine the evolution of the law. Finally, the examination will focus on whether English law is sufficiently defining the parent, or should a broader view, such as Canada, be taken. 

4. Should the wishes of the Child play a more important role in Residence Proceedings?

This assignment topic will challenge the traditional patriarchal view that the state knows best for the child; rather it will argue that the interests of the child need to be properly considered. Baroness Hale in Re D (A Child) (Abduction: Rights of Custody) [2006] UKHL 51 held: “It is the child, more than anyone else, who will have to live with what the court decides”.

This judgement leaves open the possibility that there should be a wider application of children's interests and rights; albeit it is important to stress that this judgement retains the prevalence of the welfare principle. Thus, the following topic will set forth: 1) the child's right; 2) the traditional English approach; and 3) the rights of the parents. It will then consider whether there should be reform in the English legal approach to the child's wishes.

5. Is there a place for a Fault-Based Divorce in the 21st Century?

There has been a historic retention of the fault based divorce, which has been cruised as creating an acrimonious process. This has led to recommendations that there should be a non-fault divorce process, which will create a model that will create solutions as opposed to conflicts. Thus, this discussion will assess the arguments that support the non-fault based divorce and compare the traditionalist views. Finally, it will set forth a number of core recommendations on the issue.

6. Should mediation be a mandatory requirement in all divorce and child custody proceedings?

The mediation process can be important to creating an atmosphere that creates solutions to potentially conflicted situations. In the case of family law divorce and child custody cases and result in drawn out and nasty court cases, which can have an adverse effect on the child. Thus, this leads one to consider whether there should be a mandatory mediation process; albeit the potential unevenness of power can create a situation where “false mediation” takes place. This raises the question on whether domestic violence and abuse concerns should be adequately explored, which is part of the Law Society Code of Practice 2004 (Family Protocol). Also, the secondary issue is that mediation should be a voluntary process. Therefore, both these core issues will be explored to identify if mediation should become a mandatory model.

7. Should there be the development of Grandparents and Close Relative rights in Family law, which will give an equal claim to visitation and residence when in the “best interests” of the child?

Family rights in the US and Canada have created a wider set of rights with regards to visitation and residence that extends past the UK model of parental rights. Thus, this examination will explore the case law developments in the UK to provide a modicum of “other interested parties” rights, which will be compared with the pro-rights model of Canada and the US. The comparative case law will then be analysed to determine if there should be a reform in English law.

8. Is the Hague Convention on the Civil Aspects of International Child Abduction and English application a fair and rationale approach to single-parents emigrating?

This assignment topic will explore the Hague Convention on the Civil Aspects of International Child Abduction which deals with international child abduction cases. The issue that this examination will explore is surrounding the legitimacy of one parent to remove the child from the English jurisdiction. There are two fundamental concerns, which are the right of the resident parent to emigrate; as compared to the non-resident parent removing the child (especially if the relationship is tenuous). The case of BT v JRT [2008] EWHC 1169 (Fam) identified that acquiescence will not prevent the resident parent and child from emigrating. However, there is a core question of balance, the relationship of the parent and the child and the interests (wishes) of the child. Thus, one could argue in emigration cases the Hague Convention may be unduly harsh.

9. Is the law of consent sufficiently applied in English Medical law? An examination of consent with regards to competent adults, the mentally disabled (ill) and the child:

The law of consent is stringently applied in the case of competent adults; albeit the rights of the child and mentally disabled are far more eroded. Thus, the following examination will explore the case law surrounding the three groups, in order to determine if there is a sufficient balance between the three groups. It will also put forth that the competent child should be empowered; as well as mentally ill persons either through their own competence (or an advocate when necessary); rather than allowing the patriarchy of the medical and judicial establishment to determine their “best interests”.

10. Should the law on organ transplants be modified to an “opt-out” model?

Recent consultations identify that the organ transplantation model should legally enable an “opt-out” model, which means that unless a person declares against organ donation then there will be harvesting of the organs. This may raise issues about the integrity of the person's right to have control over their body in life and death. Thus, on this basis, the medical issues and the needs of “greater good” will be juxtaposed with the individual's legal rights over their body.

11. Is the English approach to medical negligence sufficient or is there a prevalence to protect these predominantly public bodies?

This assignment topic will explore the duty of care in the Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 and Bolitho v City and Hackney Health Authority [1997] 4 All ER 771 cases to determine if the patient is adequately protected from negligence medical practitioners. This discussion will also consider the model of causation that is applied, which stems from the case of Wilsher v Essex AHA [1988] 1 All ER 871. The approaches to duty and causation have been criticised as creating a model that is overly narrow, which requires reconsideration of the approach to ensure that justice for the patient is achieved. This assignment topic will explore the traditional approaches and then determine if there has been a more liberal approach in current case law.

12. Should the law on euthanasia and/or assisted suicide be reformed?

The cases of R (on the application of Debbie Purdy) v DPP [2008] EWHC 2565 (Admin), R (on the application of Pretty) v DPP [2001] UKHL 61 and Pretty v United Kingdom (2002) 35 EHRR 1 have re-affirmed the English approach to assisted suicide. The result of this has limited the rights of ill and disabled persons who want to, but cannot end their own lives. The Commission on Assisted Dying's Paper The Current Legal Status of Assisted Dying is Inadequate and Incoherent: Commission Final Report 2012 has failed to provide a comprehensive model or replacement to the current incoherence. Thus, the following examination will explore the English case, the Oregon approach and the Dutch model, in order to determine if a more persuasive approach can be taken. This discussion will also consider the moral issues that arise over this delicate subject, which has created the incoherent model that is current in place.

Land, Housing & Equity Law Assignment Topics & Ideas

Here are a selection of 6 assignment topics and ideas on land, housing & equity law for you. Please feel free to use these topics to help you create your own assignment topic.

1. To what extent is adverse possession an important right to prevent the growth of vacant properties?

This assignment topic will consider adversepossession in the pre and post Land Registration Act 2002. In addition, the Act has not limited all rights, especially those that have accrued prior to its incorporation. However, there is an interesting human rights quandary, because there is the right to one's own property; albeit should this mean that the property should be left vacant? Thus, the Housing Act 2004 has allowed councils to enforce Empty Dwelling Management Orders and eventually enforced sales of property. The question is whether the prevalence given to land ownership in the Land Registration Act 2002 has created the empty property issues 10 years later?

2. Is the Perpetuities and Accumulations Act 2009 significant to the modern regime of Land Law?

This assignment topic will explore the impact of the Perpetuities and Accumulations Act 2009 in comparison to the Perpetuities and Accumulations Act 1964. Thus, it will explore the changes to the “wait and see” approach; as well as the exclusion of commercial interests to determine if this creates a modern approach to family-type interests. This is an interesting topic that many jurisdictions have tried to balance and modernise with the rights of the testator; thus an examination of the Irish and English approaches will provide a comprehensive review.

3. Has the case of Jones v Kernott [2011] ALL ER (D) 64 (Nov) clarified the concept of “Common Intentions” in the Family Home Trust?

This examination will explore the modern developments of the family home trust, as identified by Oxley v Hiscock [2004] EWCA Civ 546, Stack v Dowden [2007] UKHL 17and Jones v Kernott. The distinction between imputed and inferred intentions has created a significant amount of controversy; thus the following examination will explore the approaches and determine if fairness has a role to play. This is especially important, because in personam rights should be treated cautiously to prevent undue interference with in rem rights.

4. Is the case law surrounding the concept of “knowing receipt” and “knowing assistance” sufficient to provide the harmed claimant to have effective equitable remedies?

The common law approaches to equitable claims against third parties who have acquired or helped another to acquire property inequitably are confused. The main issue is what constitutes as knowledge, because the case of Twinsectra v. Yardley [2002] 2 AC 164 held the littlest knowledge is sufficient. English law has inferred a subjective element in the test, as confirmed in Royal Brunei Airlines Sdn Bhd v. Tan [1995] 2 AC 378. The case of Abou-Rahmah v. Abacha itself [2006] EWCA Civ 1492 identified a limited inference of constructive knowledge; albeit is this enough? The Singapore case of George Raymond Zage III v. Ho Chi Kwong [2010] 2 SLR 589 (CA) held an objective test should apply; thus this examination will explore different common law jurisdictions to this issue, in order to identify whether the objective approach should apply.

5. Is the Homelessness Act 2002 sufficient to deal with the growing homelessness in the UK?

This assignment topic will explore the duties of Local Authorities under the Act, which amended the Housing Act 1996. An important question that is identifiable from the case of Ellis v Angus Council [2011] CSOH 44 is the legal purpose of Guidance set by the devolved governments, because the court held there was no obligation as the policies are not part of statute. Thus, the discord between the codes and the statutory obligations infer that the Homelessness Act 2002 is not fit for purpose.

6. Are the Prevention from Harassment and Eviction provisions effectively protecting tenants

This assignment topic will explore the various protections that are available to tenants to prevent Harassment and unlawful eviction; however the main question will be whether the body of law is cohesively and effectively enforced. Thus, the human rights angle will be explored and when there is a duty for the local authority to act, because there can be over-dismissiveness over such disputes.

Jurisprudence Assignment Topics & Ideas

This page contains a selection of 6 assignmenttopics and ideas on jurisprudence. Feel free to use these topics to help you create your own law assignment topics.

1. Is there a place for Morality in the Rule of Law?

This assignment topic will explore the jurisprudence of Fuller, Hart and Dworkin in order to determine if there is a place for morality in the rule of law. It will use a case study approach, so the application of rights will be applied to a variety of controversial subjects (such as, gender and sexuality rights stemming from the Wolfenden Report). The rationale for taking this approach is that the quagmire of morality and the law will not only be explored in theory, but also practice.

2. The Common Law Model has been identified as Essential to the Legal Origins Tradition, which enables harmonisation of laws through cultural development. To what extent is this model being successfully employed in enhancing the rule of law and liberalisation of economies in developing countries?

This discussion will explore the legal origins thesis, which supports the integration of legal norms through a common law system. This approach has been supported in the “Doing Business” Measures of the World Bank; whereby targets are set for countries to meet through the natural evolution of the domestic legislation. The rationale of this system is that the only manner for harmonisation of laws to occur (especially in developing countries) is through natural adaptation; as opposed the “direct transfer” of laws. Therefore, this discussion will examine the basis of this thesis, the arguments of cultural relatively and if the legal origins thesis is the most appropriate model to enhance the rule of law and liberalisation. 

3. Does Rawls provide a model of law that successfully balances individual wants and the needs of the greater good?

The Rawlsian model can be identified as a model of re-distributive justice, which means that the law should be centred on equality. The concept of equality can result in individual rights being eroded for the greater good, thus This assignment topic will explore laws that limit individual's economic rights for the greater good (e.g. the compulsory purchase laws, or the empty property acquisition provisions). In order, to provide a fully rounded examination this discussion will compare the approaches in English, US and Canadian law, in order to determine if there is a place for re-distributive justice at the expense of individual property rights.  

4. To what extent is Dworkin's model of Rights Reflected in the Jurisprudence of the European Convention of Human Rights?

This assignment topic will examine the Coalition Government's calls for a British Bill of Rights, which focuses on the traditional principles of Mill (i.e. rights and responsibilities). The European Convention of Human Rights has been criticised for ensuring “unqualified” rights, but this is a misconception of the system. Rather, the Dworkian model of trumps is a more appropriate identification of the ECHR model. Therefore, this examination will assess Dworkin's and Mill's models of rights, and then determine whether the Coalition Government's review of the ECHR is correct. Finally, it will identify whether the government's recommendations or the ECHR's approach is the best approach.

5. To what extent should judges be able to make decisions on political grounds? A Feminist Treatise on Political Decisions in the Judiciary:

This discussion will question whether there is such a concept as “value-neutral” law, which has been important in the development of equality and anti-discrimination laws. The “value-neutral” approach has been criticised by feminist commentators, because it is failing to ascertain the “differences” between men and women. Thus, the following topic will explore whether it is allowable for the judiciary to make political decisions. The approach that will be taken is to begin from the theory, and then to apply this theory by examining a number of so-called “feminist judgements”.

6. To what extent should (and can) the law be treated as separate from Politics and Economic? An Autopoetic Examination of the Rule of Law:

This assignment topic will explore the reflexive model of law, as put forward by Luhmann and Teubner, in order to determine if law can be determined in abstract from the political and the economic. This discussion will begin from the positivist models of the law, and then consider if a “separated model” is appropriate. It will then move to the “systems model”, which accepts the multiple influences on the law. Finally, it will undertake a comparative review of various legal systems to determine if the reflexive model is more appropriate. These countries will include the German model, which has an abstract model of law, and English law, which is recognised to have a semi-reflexive model through the common law. 

7. Critically evaluate Lord Devlin's claim that the central function of the criminal law is to simply enforce a moral principle and nothing else.

The debate surrounding whether the criminal law is a mere enforcement of morality touches upon a heated topic and sparks endless arguments as to whether the law is an embodiment of moral codes, or whether it is necessarily based on something else. The fundamental question that will be explored by this study is: does the criminal law base its foundations upon concepts of immoral behaviour? This debate was largely a product of the controversy following the Wolfenden Report, though it has burned since the birth of the criminal law. An endless number of cases demonstrate the reluctance of the courts to interfere into the private sphere of the individual, yet if not in immorality, where do the criminal law's roots lie? When can an act be justifiably prohibited at law? This study will examine the extent to which it can be said that the criminal law is based on moral assumptions and conclude that while it may be grounded in immorality, the limits of the law lie in the causation of harm to others. Ultimately, there is an important line to be drawn between immorality and actual harm where the law is concerned.

Suggested Reading

• Audi, R 2007. Moral Value and Human Diversity, New York: Oxford University Press.
• Curzon, LB 2001. Jurisprudence, 3rd edn, London: Cavendish.
• Devlin, P 1965. The Enforcement of Morals, Oxford: Oxford University Press.
• Dworkin, R 1966. 'Lord Devlin and the Enforcement of Morals', Yale Law Journal, vol. 75, no. 6.
• Hart, HLA 1963. Law, Liberty and Morality, Stanford: Stanford University Press.

8. Why We Obey Law: Positivism or Naturalism?

The debate between the plausibility of natural and positive law has resounded in all of its intricacy throughout legal theories for centuries. Profound and powerful arguments for each, however, remain almost equally convincing and although certain eras have seen one favoured over the other, any definite victory has occurred for neither. It is however accurate to state that natural law is somewhat more troublesome in its content and application than positive law; indeed, any attempt to prove that truth is absolute is ripe with theoretical problems. This study will explore the positivist/naturalist debate I a bid to explain why we obey the law. Can either provide a watertight approach to conformity with the law? A mere simplistic explanation of each approach will do little justice to the topic, and therefore an in-depth review is needed which attempts to link each theory to practical observations. It will ultimately be proposed that a hybrid approach to the understanding of why we obey law which combines features of both naturalist and positivist theories can provide a much more enlightening result.

Human Rights And Immigration Law Assignment Topics & Ideas

This section contains a selection of 12 assignment topics and ideas on human rights and Immigration law. Please feel free to use these topics to help you create your own law assignment topic.

1. An Examination of the Pubic right to Protest and the Rights of the Police under PACE 1984:

The freedom of assembly (Article 11 of the ECHR) is protected in the UK by virtue of s. 3 of the HRA 1998. The common law has traditionally given a broad right for peaceful protest (DPP v Jones (Margaret) [1999] 2 AC 240; R (Laporte) v Chief Constable of Gloucestershire [2007] 2 AC 205). This is supported under PACE Code of Practice A, with regards to reasonable suspicion; albeit s. 30 of the Anti-Social Behaviour Act provides a broad right (R (Pritpal Singh v Chief Constable of West Midlands [2007] 2 All ER 297).Thus, the provisions of this Act will be examined to identify if it gives too much power to disperse public protests.

2. Is the broad leeway given to detention and treatment of the mentally ill fit for purpose?

The case of Hutchinson Reid v UK 50272/99 (2003) ECHR 94 heldit is legitimate to hold a mentally ill person who poses a threat (to themselves or the public) in hospital detention. This is even the case if the condition is not treatable. The rationale used is that there is legitimacy of preventative detention on safety grounds. A similar argument of “best interest” is applied to when consent for medical treatment can be dispensed with. Thus, the following examination will explore the human rights rationale that is applied to erode the integrity of freedom and choice for mentally ill persons.

3. Should Prisoners be given the right to vote? An examination of whether the jurisprudence of the European Court of Human Rights provides a wider right to democracy:

This assignment topic will explore the debate over the application of Article 3 of Protocol 1 of the ECHR (European Convention on Human Rights) that has provided a more balanced approach to the prisoner's right to vote (Greens and MT v UK (Applications nos. 60041/08 and 60054/08). The Greens Case is an example of the prima facie inherency of the human rights, which meant that the blanket ban of the prisoner's right to vote is illegitimate and disproportionate. Thus, this examination will explore whether the debate over the prisoner's right to vote should force a change of stance by the UK government.

4. Is there a positive right of authorities to protect? An examination of domestic violence and the jurisprudence of the European Court of Human Rights:

The duty of states in complex and private domestic violence cases is problematic, because there is a traditional ethos of acceptance. This culture of acceptance, as well as the public-private dichotomy has created a culture of non-reporting amongst victims of domestic violence. This is due to the lack of trust amongst these victims for the crimes, which then creates a vicious circle. This is because there are “public policy” limitations for prosecution of crimes, i.e. the most pressing crimes will be prosecuted as a priority. Thus, if reporting of domestic violence crimes are low then the priority of these crimes will be treated as less important. The case of Opuz v Turkey (2009) App. No. 33401/02, Eur. Ct. H.R identified there is a positive duty on states to protect once there is knowledge of domestic violence. Thus, This assignment topic will explore if the UK is meeting this obligation.

5. Should the UN intervene into to oppressive regimes? A comparative examination of the legal and human rights justifications for intervening in Afghanistan and Libya and the inaction in Syria:

This assignment topic will explore when humanitarian intervention is a legal requirement for the UN through an examination of the resolutions from the 1990s. It will then consider if the grounds in the case of Afghanistan and Libya can be justified and be distinguished from the case of Syria. Thus, this discussion will identify if there is a growing body international laws for allowable intervention; as opposed to a political power struggle of the Security Council.  

6. Should the Death Penalty be reinstated in English Law? A Human Rights Treatise Against Arguments supporting the Death Penalty?

This assignment topic will examine the legal theories for and against the death penalty. This will be followed by an exploration of international humanitarian law on the legitimacy of the Death Penalty. It will then consider the European Court of Human Rights' approach to the death penalty to understand the European stance. Finally, it will consider the different approached to the death penalty in the US, in order to determine if it should be reinstated in the UK.

7. Should the Rights of the Child be fully recognised in the European Convention on Human Rights? The Interface between the European Court of Human Rights “best interests” principle and the inherent rights of the child:

This assignment topic will examine the theories on the rights of the child and international humanitarian norms (i.e. the Convention on the Rights of the Child). This will then be juxtaposed with the “best interests” arguments of the European Court of Human Rights and English law. Thus, it will propose that the “best interests” argument is harming the fundamental integrity of the child. On this basis, this discussion will bring together the theories on the rights of the child and the law, in order to prove or disprove this argument.

8. Should the Right to a Family and Private Life be restricted in the case of Failed Asylum Seekers?

This assignment topic will explore the evolution of European Court of Human Rights' case law on the right of a private life and family life for failed asylum seekers (Boultif v Switzerland [2001] ECHR 54273/00; Uner v Netherlands [2006] ECHR 465 10/99). This approach will be compared with the approach of the UK Courts and Immigration Tribunals to determine if the standard of the ECHR is being met. Thus, it will identify if Razgar Exceptionality (R (Razgar) v Secretary of State for the Home Department [2004] UKHL 27 is still valid case law in the light of Huang and Kashmiri v SSHD [2007] UKHL 11 and Beoku-Betts v SSHD [2008] UKHL 39.

9. Is the law of Rendition and Extradition under English law sufficiently protecting human rights obligations?

This assignment topic is going to focus on the juxtaposition of preventative detention and extradition (rendition). In order to explore this subject the core objective is to examine the nature of rights purported by the Government and the ECtHR to understand to different viewpoints. This means a purely comparative approach will be developed to undertake this discussion, because it will begin by placing the foundations and rationales of the approaches taken by the two different legal systems. Thus, the basis of this discussion is to examine the validity of the UK government's argument that those, who pose a threat to the state, put their rights “on hold” and can be extradited. This discussion will explore a number of high profile cases of extradition to the USA; as well as the Abu Hamza Case.

10. Is the 1951 Geneva Convention for Refugees fit for purpose?

This assignment topic will explore if the 1951 Geneva Convention Relating to the Status of Refugees (the Refugee Convention) is fit for purpose. It will examine if the model is overly narrow, which s identifiable by the broader application of protections under international, regional and national human rights law (e.g. The UN Convention Against Torture and the European Convention on Human Rights).There are also countries, such as Canada, that have a broader application of protection. Thus, the following examination will explore these models against the Refugee Convention to determine if it needs to be replaced or reformed.

11. To what extent has Fortress Europe created an immigration model that is closed to non-EU Citizens?

The EU migration policy to irregular migrants has become exclusionary if they are a non-EU Citizen. This has resulted in a narrow application of the 1951 Geneva Convention Relating to the Status of Refugees (the Refugee Convention). The application of the Refugee Convention and non-EU migrants is further clarified in the Qualification Directive. The accumulation of these measures indicates the concept of Fortress Europe is in place. However, the concept of an EU citizen is significantly broad, which has resulted in third-country nationals being extended these rights (Ruiz Zambrano [2011]2 CMLR); albeit limitations will be applied whenever possible (McCarthy [2011] 3 CMLR 10). Thus, this discussion will examine the nature of Fortress Europe and the impact on migration of non-EU Citizens.

12. Can the Points System really enable a “cap” to be created in the English Immigration Model?

This assignment topic will explore the legal framework of the points system, in order to determine if it is capable of creating a “cap”. This discussion will examine a number of issues from the application of the points system; as well as a limitation imposed by the Free Movement of Workers and the rights of EU Nationals. Thus, this comprehensive review will explore if a cap is a legal possibility or a political myth in the UK.

European Law, International And Private International Law Assignment Topics & Ideas

We have collated for you a selection of 12 assignment topics and ideas on european law, international and private international law. You are welcome to use these topics to help you create your own law assignment topics.

1. To what extent should the doctrines of Horizontal and Direct Effect be reconsidered in order to maintain the inherent of Member States?

This assignment topic will explore the conflict between the supremacy of EU law with the sovereignty of Member States. Thus, it will follow the development of ECJ case law from Costa v ENEL (Case 6/64) RCR 585, Van Gend en Loos (Case 26/62) [1963] ECR 1 and Amministrazione delle Finanze dello Stato v Simmenthal (Case 106/77) [1989] ILRM 53 and beyond. It will then consider how this conflict has created for the parliamentary systems of Ireland and the UK through a case law review, and determine if there should be a reconsideration of the ECJ's powers.

2. To what extent can the individual personally enforce EU Law?

This assignment topic will explore the citizen's rights to enforce EU law, which varies in applicability. Thus, this examination will consider the powers of Article 267 and the van Colson (Case -14/83). It will then examine the rights to damages under the Francovich (Case C-48 9/90). This is provided for by Article 340(2)'s Shoppenstadt's Formula (Brasserie de Pecheur C-46; Headley Lomas C-5/94). It will then consider the enforcement of EU law against private individuals and the effect of the Pupino Case (Case C-105/03, Criminal Proceedings against Maria Pupino). Finally, it will explore the right of standing to apply directly to the ECJ for judicial review under Article 263 TFEU. Therefore, this examination will provide comprehensive review of the right of the citizen to enforce EU law, and consider if reform is needed.

3. Can the Free Movement of Goods be legitimately restricted or prohibited by Member States?

Article 34 TFEU (Article 28 EC) and Article 35 TFEU (Article 29 EC) prohibits quantitative restrictions and all equivalent measures on the free movement of goods. However, Articles 34 and 35 are qualified by Article 36 TFEU (Article 30), which allows exceptions on the grounds of public interest, which includes aspects such as public health, national security or morality. Thus, the Member State has to either show that a potential restriction does not have an inhibiting effect   or falls under Article 36 TFEU. The approach taken under Article 34 is a strict interpretation, with little leeway, which can be identified in the Geddo v Ente Nationale Risi [1973] ECR 865. The problem is there has been controversy on how the application lies; thus this discussion will explore the decision in C-110/05 Commission v Italy [2009] 2 CMLR 34 and other recent cases to the application of restrictions.

4. The Creation of a Unified Market has been centred on the Four Freedoms to what extent has ECJ jurisprudence been successful?

This assignment topic will explore the four freedoms and the case law surrounding each freedom, in order to determine if a unified market has been developed. It will primarily take a case law review, which will compare the approaches taken by the ECJ for each freedom. It will also consider if the Market has given rise to a social union.

5. To what extent has recent case law on the EU Citizenship has eroded the "purely" or "wholly" internal rule?

The cases of Ruiz Zambrano [2011]2 CMLR 46 and McCarthy [2011] 3 CMLR 10 have raised some questions on the rights of citizenship in the EU and how this may be affected by exercising these rights. It seems that in one case the “the "purely" or "wholly" internal rule established in R v Saunders [1979] ECR 1129 has been maintained (McCarthy), but this is not the case in Ruiz Zambrano. Thus, it is important to understand the basis of this rule and its validity, as citizenship rights are expanded. The basis of This assignment topic is to clarify the free movement principles and the rights with the EU.

6. To what extent has the conflict of laws been harmonised in the EU?

This examination will explore the impact of Brussels I, Brussels II, Rome I and Rome II to determine the extent that judgements and enforcement have been harmonised across the EU. It will explore the jurisprudence of the ECJ and its application in English law to test the effectiveness of the conflict of laws regime. Finally, it will consider if harmonisation is the best approach, especially when there is a potential to override party autonomy.

7. Should the Role of the Exequatur be abolished in the EU's Conflict of Laws Regime?

The exequatur is the intermediary role that allows for judgements to “registered” for enforcement with the European Union's conflict of laws model. The initial stages of judgements harmonisation may have required this role, but with the developments under Brussels I and Rome II the role is no longer necessary. Thus, the primary question of This assignment topic is to consider is how this additional tier can be justified when the purpose of Rome II is to harmonise and enforce judgements as the norm?

8. The Conflict of Laws can be problematic in International Family and Property Law disputes; to what extent should there be international harmonisation of jurisdictional principles?

This assignment topic will explore the treatment of family, divorce and will disputes within the international conflict of laws rules. Thus, the nature of the property and/or dispute can result in the same case having a variety of rules being applied. This raises questions whether there needs to be general harmonisation of jurisdictional rules in this area (if possible).

9. An Examination of jus ad bellum and jus in bello in the International Law of a Just War. Should an international consensus be essential to label a war as “legal”?

The approach to war has undergone some synthesis since the 1999 Action in Kosovo by NATO, because there was a wider acceptance of intervention “to protect” the human rights of others outside of UN consensus. However, since 9 the “illegal war” in Iraq there has been “clamping down” on legitimate warfare. This means the arguments of jus in bello and jus ad bellum have undergone significant narrowing in international law. Thus, the focus of the discussion will be the development of jus ad bellum in the current approaches to war. It will determine what is and what is not a just war. In order to illustrate the discussion there will be a focus on the interventions (and refusal to intervene) in the aftermath of the Arab Spring.

10. A Right to Self-Determination does not necessitate a Right State Sovereignty. To what extent should the law of self-determination be developed to provide a more comprehensive right to sovereignty?

This assignment topic will explore the various approaches to what constitutes self-determination under Article 1(1) of the International Covenant on Civil and Political Rights (ICCPR). Article 1(1) identifies it is a fundamental right for indigenous peoples to attain self-governance over their lands and social structure. But, this does not necessitate state sovereignty; thus this discussion will explore the interface between the ICCPR and the Montevideo Convention 1933. The purpose of this examination is to determine when sovereignty is necessary to fulfil the ICCPR protections.

11. To what extent are a coastal state's territorial rights limited under UNCLOS?

This assignment topic will explore the rights of the coastal state to impose restrictions, customs fees and so forth under UNCLOS. It will also consider the extent of the coastal state's rights and obligations with regards to the exploitation of natural resources in surrounding waters. Thus, it will consider if UNCLOS provides a balanced system, or gives too much power to coastal states. 

12. Can Environmental Protections be reconciled with GATT Principles? An examination of the WTO cases laws stemming from the US Shrimp/Turtle and US Dolphin/Tuna Cases?

The US Shrimp-Turtle Case and the Dolphin-Tuna Case are the two key cases on interpreting the Article XX exceptions of GATT, in reference to environmental concerns. Thus, between the two cases one can identify the extent environmental concerns can be used as an obstacle to the international trading system. The topic will explore the application of these two cases, and then consider if the concept of environmental protection is substantively protected under GATT.