Question 1
You should use up to 1800 words for this question.
Answer the following question in the style of an essay.
In light of the way devolution to the UK nations has developed since 1998, the UK can no longer sustain being a unitary state and should become a federal state.
Critically evaluate this statement in light of the legal development of national devolution within the UK.
The essay requires you to:
• concisely explain the difference between federal and unitary states with reference to the UK constitution
• analyse the development of the law governing devolution to some of the UK nations (discussing at least two of Scotland, Wales and Northern Ireland)
• evaluate whether the UK would be able to be more effectively governed as a federal state, in light of your analysis
• throughout the entire essay, develop a balanced argument that will either agree or disagree with the statement, addressing relevant counter-arguments.
Question 1
For Question 1 you should write a full evaluative essay that answers the question set. As well as the relevant module materials, primarily from Units 5 and 6, you may find it helpful to review relevant aspects of Chapter 12 of your constitutional law textbook (Loveland, 2021). You are not required to conduct your own independent research outside of the resources used in the module materials in order to answer this question.
In addition to the resources suggested above, you may find it useful to review the Essential legal skills activities on ‘Academic writing for law’ and ‘Developing a reasoned argument’ before completing this assignment.
Do not forget that you have prepared an outline of an essay for TMA 01, and you should review and reflect on your TMA 01 feedback from your tutor, before and while preparing this assignment.
You should aim to define the key constitutional principles relevant to the question, explain the relevant law, analyse the legal position and evaluate the merits of different arguments and ideas, while, from your introduction and throughout your essay, making an argument that answers the question set. You should critically evaluate the extent to which legal developments in national devolution in the UK challenge the unitary state and make a federal state a more effective structure. You should avoid attempting to describe how the law governing national devolution has developed since 1998, but should aim to select specific examples from the law to support your points of argument relating to the question. Your argument should focus on whether, in light of your evaluation, you agree with the question statement; i.e. the UK should become a federal state given the devolved powers of its nations. You should make reference to relevant constitutional principles and characteristics to support your argument.
You should structure and style your answer as an essay, including an introduction and conclusion. You may wish to include headings, but should do so only when they add to the structure and flow of your answer. Guidance on the structure of a law essay is given in Section 6.1.3 of the Law undergraduate guide.
You should use your essay to present a coherent, well-reasoned answer to the question asked, supported by evidence. You should choose the evidence and arguments you use selectively and carefully, ensuring you are always focused on answering the question asked. You should write in your own words. Any quotations should be properly cited in-text. When writing your essay, you should:
• structure it appropriately in essay form, including an introduction and conclusion
• make an argument from the beginning and throughout that answers the question
• use evidence to support the points you make
• address points and evidence both for and against your argument
• link every point you make back to the question and connect each to your overarching argument.
Learning outcomes
TMA 02 tests the following learning outcomes:
Knowledge
• how unitary and federal states are structured
• the law and processes governing devolution to the UK nations.
Skills
• present a reasoned and evidence-based argument showing evaluation of ideas from legal sources
• communicate effectively using legal language and an appropriate mode of presentation and style for the audience, and correct referencing.
