Briefly identify the key differences between formal and substantive versions of the rule of law. Provide an outline or plan of how you think the question should be addressed if presenting it in an essay.

ASSESSMENT

The basis of the assessment:

During a ‘Black Lives Matter’ protest in Bristol in 2020, four individuals were charged with criminal damage under the Criminal Damage Act 1971 for toppling the statue of Edward Colston and throwing it into the Bristol harbour. At the trial, the four’s defence lawyer argued that the statue was so indecent and potentially abusive that it constituted a crime by its very presence. Colston was linked to the slave trade. On the 5th January 2022, a jury acquitted the four of criminal damage. Yet there was no denying that they had taken the action of toppling the statue and throwing it into the harbour.

Bearing the above in mind, address the following question under the TWO PARTS BELOW:

How might one assess this outcome from the perspective of the rule of law? Use at least two definitions of the rule of law that we have looked at in the module in answering the question.

In order to do this, you need to do the following:

Part 1 (up to 500 words):

Briefly identify the key differences between formal and substantive versions of the rule of law.
Provide an outline or plan of how you think the question should be addressed if presenting it in an essay.

Note that Part 1 is also the task set you as a formative assessment and you are permitted to use what you did for your formative assessment, using our feedback to revise and improve it, and submit that revised work as Part 1 for this assessment by simply cutting and pasting it into what you submit.

To help you, look at the judge’s direction to the jury in R v Milo Ponsford, Sage Willoughby, Rhian Graham & Jake Skuse at https://legalhackette.com/2022/01/09/r-v-milo-ponsford-sage-willoughby-rhian-graham-jake-skuse/

This is a kind of mind mapping/planning exercise aimed at trying to get you to focus on what is necessary in order to address the task rather than ending up waffling. To this this you need to think such things as the nature of the task and how it fits within what you have learnt/are learning.

Part 2 (up to 1500 words):

Address the question in essay form, applying appropriate legal academic writing skills such as providing an introduction, main body and conclusion, supporting your answer with law or legal commentary, ensuring there is no plagiarism and providing proper referencing using the OSCOLA referencing style.

Make use of what you have done in Part 1 (and given feedback on as your formative assessment) to help you ensure your essay is relevant, well planned, well-structured and, above all, answers the question.

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