Equality
Choose ONE Question to answer
1) ‘Equality requires more than restraint from the state. In addition, it calls for a duty upon the state to take positive measures to promote equality’ (‘Providing Equality: Substantive Equality and the Positive Duty to Provide’ Sandra Fredman 2005)
With reference to concepts of justice and equality, critically evaluate and respond to this statement.
2) ‘Intersectionality was a prism to bring to light dynamics within discrimination law that weren’t being appreciated by the courts’ (see Kimberly Crenshaw ‘The intersectionality wars’ Coaston, J, Vox, 28th May 2019)
With reference to at least one human rights or equality law case, evaluate and respond to the claim that the failure of courts to adopt an intersectional approach conceals injustice.
3) ‘Legal aid is critical to the fairness of the justice system, enabling those without sufficient financial means to participate on equal terms with those that can afford representation’ (‘The Future of Legal Aid’ House of Commons Justice Committee, 2021)
Assess this statement critically, with reference to the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
4) Critically evaluate the arguments for and against the abolition of stop and search.
5) The Ministry of Justice’s strategic vision for reform is to create ‘a more effective, less costly and more responsive justice system for the public’ (HM Courts & Tribunals Service website).
Critically evaluate and respond to how effectively that vision has been achieved in reference to the tribunal system in England and Wales.
External Examiner: Dr Anne Smith from the University of Ulster
The essay will assess the learning outcomes for the module:
Knowledge of the development of non-discrimination and equality law in the UK;
Appreciation of the relevance of other legal frameworks to equality and non-discrimination debates;
The ability to engage with relevant critical theoretical perspectives and approaches to legal scholarship and to apply these appropriately;
The ability to produce a substantial piece of written work which provides evidence of independent research and critical thinking skills.
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