Assessment Task Detail and Instructions:
This assessment is made up of separate but related questions and you MUST COMPLETE ALL
Jane Smith in the UK asserts that she has been subjected to cruel, inhuman and degrading treatment by a public authority. Although she is angry about this, she is unsure of what action she might be able to take or what rights she may have. She has heard of judicial review but doesn’t want to be a nuisance for the courts. Jane’s friend is not affected by the alleged rights violation but feels an injustice is occurring that needs to be addressed. She therefore wants to bring a judicial review claim to highlight the injustice and get remedy for Jane.
Question 1:
Set out in detail, using case law examples, the right and its scope that applies to cruel, inhuman and degrading treatment under the European Convention on Human Rights (ECHR).
Question 2:
Set out the process and conditions for bringing a judicial review claim, looking at both standing and merits.
Question 3:
Can Jane’s friend successfully bring a claim to highlight Jane’s situation and seek remedy? Explain your answer.
Question 4:
Would the position in Q3 be different if Jane was not willing to pursue judicial review based on her having a well-founded fear of persecution by the UK state? Could Jane’s friend, or any person or body other than Jane, now successfully bring a claim? Explain your answer.
Your answers should include reference to relevant case law as appropriate.
Guidance Resources:
The workshops/readings on judicial review are crucial for addressing this coursework. We will go through it in classes week 4 and revisit it towards the end of the module when looking at judicial review.
Assessment Marking Criteria / Scheme:
Question 1:
You should be able to identify and elaborate the ECHR right applicable, its scope and nature.
Use of case law as examples will attract extra marks.
Question 2:
You should elaborate correctly the procedure and grounds for judicial review.
Again, case law illustration will bring extra marks.
Question 3:
You should engage with the relevant aspect of judicial review that applies at this stage of the procedure (its process and ascertaining if Jane can bring a claim)
Question 4:
This is where you need to go further into depth in your research. There are a number of things you could bring here but it would be wrong for me to set these out for you – this is where you will be awarded marks for depth of research and thinking.
Feedback Arrangements:
Written academic feedback through Canvas
Links to important regulations / advice about late submissions etc.
Word Limit: 3000 words excluding footnotes, bibliography and other items listed in
Reg 6.83 of the ARU Academic Regulations (Links to an external site.)
