Explain the term legislative competence.

TMA 01 Printable TMA 01 consists of three questions. You are expected to answer all questions in this TMA. The word limit for TMA 01 is a maximum of 1500 words. Remember, all the words you use to answer the questions, including quotations and citations, count. You should use the mark allocation for each question as a guide to the number of words required. Any words used that exceed the overall word count for the TMA will not be marked or commented on. You must provide a reference list and a word count at the end of your work. The reference list is not included in the word count. Questions Question 1a.Explain the term legislative competence. Illustrate your answer with an example. (10 marks) b.Find the following UK Supreme Court judgment: Agricultural Sector (Wales) Bill – Reference by the Attorney General for England and Wales [2014] UKSC 43. Using your own words, explain the question that the Supreme Court was asked to consider in this case. (20 marks) c.Using an internet search engine, find the following command paper:HM Government (2015) Powers for a Purpose: Towards a Lasting Devolution Settlement for Wales, February, Cm 9020. Read the following sections: Executive Summary Section 2.1 ‘The model of devolution for Wales’. Explain how the legislative competence of the Welsh Assembly will change under the proposals outlined in these sections. (20 marks) Question 2 Explain the main sources of public international law and consider their effect on the English legal system. Write your answer in the form of an essay. (45 marks) Question 3 Explain how you found the UK Supreme Court judgment in Question 1(b). How useful was Skills 2 in informing your approach? (5 marks) Learning outcomes TMA 01 tests the following learning outcomes: Knowledge: understand national and international legal systems. Skills: interpret and describe legal principles and authority in a logical and coherent way present and structure information clearly and accurately using language appropriate for the intended audience correctly reference and/or cite relevant materials, including case and statute law reflect, assess and learn from your own studies. Advice Important information The OU Law School Undergraduate Assessment Guide contains definitions of words used in TMA questions. It also gives advice on referencing and the reference list that you must produce and include at the end of your work. You should read this guide before attempting TMA 01. Section 8 of the above Assessment Guide tells you how your TMAs need to be presented. The marking scale, against which your work will be assessed, can be found in the OU Law School Undergraduate Assessment Guide. You should answer all three questions.You should answer each question (and each part of a question) separately.Read the questions carefully, ensuring your answers concisely and clearly address each question in your own words. Advice on writing in your own words is given in Section 5 of the OU Law School Undergraduate Assessment Guide.You should use numbers in brackets to identify each question.You do not need to start a new page for each question. All of your answers should be written in standard English. They should not include any sort of list. In your answer to Questions 1 and 2, you should not write in the first or second person (e.g. ‘I’, ‘we’, ‘my’, ‘our’, ‘you’ or ‘your’); instead you should use phrases such as ‘A person is …’ or ‘This answer will …’. In your answer to Question 3, you can write in the first person. This TMA consists of three questions. Questions 1 and 2 test knowledge gained from your studies of Units 1, 2 and 3. Question 1 also tests your legal research skills and requires you to have read Legal Skills 2. Question 3 encourages reflection on your studies, which forms an important part of your personal development planning. Question 1a.This question requires you to define ‘legislative competence’ in your own words. You should explain the general meaning of the term and give at least one example of its use.b.This question requires you to find a UK Supreme Court judgment. You can research the judgment using the OU Library, as identified in Legal Skills 2, which you should complete before attempting this part of Question 1. You should explain the question the court was asked to consider in your own words and avoid direct quotations from the judgment. You will find paras 1–5 of the judgment particularly helpful in outlining the issue before the court. c.This question requires you to find and read sections of the command paper: Powers for a Purpose: Towards a Lasting Devolution Settlement for Wales (HM Government, 2015). It is 4921 important that you read the paper itself, rather than news reports referring to it. Please note: Wikipedia is not a valid source for legal research. Question 2 This is an essay question, and you should refer to the advice on answering essay questions provided in Section 3.2.2 of the OU Law School Undergraduate Assessment Guide. Make sure that your answer is structured correctly with an introduction, main body and conclusion, as described in the above section of the Assessment Guide. In answering this question, you should: think about the structure of your answerthink about including appropriate examplesidentify and describe the primary and secondary sources of public international lawconsider the legal effect of these sources on the English legal system. Question 3 This question asks you to explain how you carried out the legal research required for Question 1(b) and assess how useful Legal Skills 2 was in informing your approach. When explaining how you carried out your legal research, you should be specific and indicate which legal database you used, the search terms and the results obtained. You should assess how useful Legal Skills 2 was in informing your approach and give reasons for whether or not you found it useful. References HM Government (2015) Powers for a Purpose: Towards a Lasting Devolution Settlement for Wales, February, Cm 9020. Cases Agricultural Sector (Wales) Bill – Reference by the Attorney General for England and Wales [2014] UKSC 43 TMA 01 Copyright © 2015, The Open University.

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