uk law essay

Username or email  *

Password  *

Forgotten password?

[email protected]

+44 (0)20 8834 4579

How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

Start Writing Like A Lawyer

Read our legal writing tips now

5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

Free Guides

Our free guides cover everything from deciding on law to studying and practising law abroad. Search through our vast directory.

Upcoming Events

Explore our events for aspiring lawyers. Sponsored by top institutions, they offer fantastic insights into the legal profession.

Join Our Newsletter

Join our mailing list for weekly updates and advice on how to get into law.

Law Quizzes

Try our selection of quizzes for aspiring lawyers for a fun way to gain insight into the legal profession!

PREVIOUS ARTICLE

Legal Writing: Start Writing Like a Lawyer!

NEXT ARTICLE

LLM Jobs for Graduates

Loading More Content

Guide On Completing Law Essays for Students in the UK

How To Develop Your Critical Thinking Skills

What is dental negligence?

• essay writing
• law students

Writing a legal assignment is a daunting task, especially for students who do not possess the skills needed to create a good piece. To report a good law essay, you need to have a legal background that will enable you to conduct your analysis with ease or you can paper  i need someone to write my essay for me

A student has to demonstrate his or her ability to analyze a legal topic and describe it in a simple, logical, and clear way. Like other essays, your opinion will rely on facts. Writing and completing a law essay is simple especially for students in law university. All you have to do is follow the tips that we are going to discuss today.

Defining a law essay

Laws are rules that are enforced by government authorities to maintain order. Law essays are papers written by students to analyze different aspects of the law and provide different views and opinions on the subject. These views also describe the strength and weaknesses of a particular legal topic.

1.    Starting a law essay

How do you start writing a law assignment? You start by identifying a great topic that will act as the foundation of your essay. After identifying a good topic, you explore the question in your subject area. The subject area will help you in understanding the issues that you need to address. Your professor expects you to provide good answers in the body section.

Another important part of a law essay is the title. You need to create a captivating and compelling title that will get readers interested in reading the piece. Start by coming up with a captivating intro that creates the desired impression. Your opening remarks should indicate what the reader should expect to find in your paper.

2.    Finding a good topic

Since most legal papers focus on legal analysis, you’ll need to do your research in your area of study. You’ll be in a comfortable position to write your essay after you’ve familiarized yourself with the topic. Don’t forget to list your information sources since they’ll be required at the end of your essay. For your insights or arguments to be effective, you’ll need to present them in a structured approach.

3.    Create an outline

Without a good outline, you don’t have the assurance that you’ll get your desired results. To create an outline, you’ll need to come up with a draft that includes all the main arguments and ideas that you’ll include in your copy. A structured blueprint gives you a reference point that helps you formulate and turn ideas into words. With an outline, you’ll easily focus on the topic at hand and the main topics.

4.    Include all the sections

Just like any other essay, a law essay is made up of three sections namely the intro, body, and conclusion. The intro consists of one paragraph that finalizes with a thesis statement. The body includes around three or four paragraphs that elaborate on the theme and arguments. The conclusion summarizes the essay.

1.     The Introduction

The introduction part introduces the reader to the subject at hand by summarizing the arguments of the essay. It is an opportunity to get the attention of the audience by focusing on the value of the topic. The introduction ends with a thesis statement that justifies the objectives of the essay.

2.     The body

The body is a key element of the essay. It allows you to state your main arguments that support your thesis statement. Do not be afraid of giving counter-arguments on the issues that you are supporting. However, your claims have to be supported by reliable sources of information.

The opinions that you include in your essay should indicate a clear understanding of the subject matter. The body part needs to challenge and persuade readers to adopt your thoughts. If you’ll be tackling different elements, it’s important to divide your body into sub-headings.

3.     The conclusion

The conclusion summarizes your point of view by restating your thesis statement. Your body needs to address all the critical questions for you to be in a position to conclude with a comprehensive answer. Never introduce a new idea in the conclusion. You also need to be objective in your final remarks especially when describing your personal view.

To conclude

Before we conclude this article, we’ve decided to share a few critical tips on certain aspects of your essay that deserve your attention. You need to:

• Present your paper in a neat and organized way
• Use coherent and effective structures when labeling your subheadings
• Demonstrate your ability to apply the law using your arguments
• Develop systematic and logical arguments

Writing a law essay shouldn’t be difficult with the tips that we’ve discussed here. The most important thing when writing such essays is creativity. You need to prepared to think outside the box. After writing your essay, remember to proofread at least three times before submitting it.

Camilla Uppal

Related posts.

Does Artificial Intelligence have greater benefits than limitations in Law?

Navigating Divorce with a Family Lawyer in Canton: Why Professional Guidance Matters

Leave a reply cancel reply.

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

• +44 (0) 207 391 9032

Take a look at some of the essays written by our expert academics

We want our customers to feel confident that they're getting the standard of work they need. Take a minute to look through some essay examples, and you'll see why Oxbridge Essays is so many students' first choice.

• Subject: Public International Law
• Type: Critical review

Critically evaluate whether Article 38 of the Statute of the International Court of Justice provides a hierarchical and exhaustive list of the sources of international law.

Article 38 of the Statute of the International Court of Justice provides that: “1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

• Subject: Equity and Trust Law

In its recommendations to Parliament on aspects of the law relating to the property rights of cohabitees upon separation, the Law Commission in its report "Law Com No 307 : Cohabitation: The Financial Consequences Of Relationship Breakdown”, considered that"…despite Stack v Dowden …the need for statutory intervention remains” (2.12 at page 20)

An implied trust can only arise in the absence of an express trust.2 The starting position in determining the equitable ownership of any property is that equity follows the law: if one person owns 100% of the legal title, they will be presumed to own 100% of the equitable title.3 Implied trusts represent an exception. A resulting trust arises where multiple individuals have each contributed to the purchase price of the property, holding shares in proportion to their financial contribution.4 A constructive trust arises when the parties share a common intention that the party without legal title should have an interest in the land, which that party then detrimentally relies on. 5 Common intention can be established by evidence of express discussions, financial payments towards the property, or from a general course of conduct.6

• Subject: Jurisprudence
• Type: Coursework

'Legal philosophers argue… about an ancient philosophical puzzle of almost no practical importance that has nevertheless had a prominent place in seminars on legal theory: the puzzle of evil law." - Ronald Dworkin, Justice for Hedgehogs (Harvard University Press 2013) p 410 Critically assess this statement and evaluate its relevance, both in terms of Dworkin's own theory and the theories of his critics.

The puzzle of evil law refers to the dilemma which judges find themselves in when asked to apply a rule which purports to be law that happens to be morally reprehensible, such as the American Fugitive Slave Act or the dictates of the Nazi regime. Does the evil rule qualify as law, despite being evil? If it is law, is a judge obliged to apply it, and what is the nature of that obligation? Does the legal nature of the rule have any bearing on the judge’s obligations to apply it? In his book Justice for Hedgehogs, Dworkin characterises this debate as one which occupies much theoretical time but which is nevertheless of little practical importance.1 This essay will critically assess this view and evaluate its relevance, both in terms of Dworkin's own theory and the theories of his critics.

• Subject: Criminal Law
• Type: Essay

Below is a sample legal opinion/ professional advice written for a man charged with a series of criminal offences.

1. XXX XXX is charged with racially aggravated affray, two counts of robbery, having an offensive weapon, possessing a controlled drug, and possessing a controlled drug with intent to supply. He faces trial at Gillingham Crown Court. The preliminary hearing was heard on 8th February 2008 and the Plea and Case Management Hearing is listed for the 21st March 2008. I am asked to advise Mr XXX on the merits of making an application to stay the proceedings as an abuse of process.

• Subject: Tort Law

The only way to explain a law of tort that includes both fault- based and strict liabilities is to accept that "tort is what is in tort books, and the only thing holding it together is the binding' (Tony Weir, An Introduction to Tort Law (2nd edn, OUP, 2006)ix)

This essay will critically examine whether Weir’s position is true. It will identify what appears to distinguish tort from other forms of civil liability, and then examine whether there is any unifying principle explaining why all torts have these common features, with particular focus on explaining how fault-based and strict liability torts can coexist under the same heading.

• Subject: IP Law
• Type: Essay plan

The exceptions to copyright infringement do not provide a fair balance between the rights of the copyright owner and users of copyright works. Critically discuss the above statement with reference to statutory provisions, judicial authorities and academic literature.

This essay will critically discuss the view that the exceptions to copyright infringement do not provide a fair balance between the rights of the copyright owner and users of copyright works.

What is the correct test for liability for those who receive assets dissipated in breach of trust?

The area of law under consideration comprises the personal liability of a third party to a trust who has received and misapplied trust property. Where they have retained the property, or its proceeds are traceable, the deprived beneficiary may have a proprietary remedy. Where the property has been dissipated, however, no proprietary remedy is available and the beneficiary’s claim is in the law of obligation, as a right in personam. It is this head of liability with which we are concerned for current purposes. This area of law is most controversial, with Birks and Lord Nicholls advocating the approach that the Australian courts have recently adopted in Say-Dee Pty Ltd v Farah Construction Pty Ltd, that of strict liability for unjust enrichment. Conversely, the English courts and Professor Lionel Smith take the opposing view that fault is required where a third party receives and misapplies trust property.

• Subject: Corporate Law

'Critically consider the extent to which the case of Prest v Petrodel Resources Ltd in 2013 has permanently altered the law and the effect if any on the meaning of corporate personality.'

The relatively short judgment in the United Kingdom Supreme Court case of Prest v Petrodel Resources Ltd1 (herein, Prest) has garnered vociferous interest from academics and practitioners. Prest was of particular interest because of the legal cross-over between family law and corporate law. Both sides of the profession were affected differently. The solicitors representing the appellant, Prest, stated that ‘the decision is of major importance not only for family law and divorcing couples, but also for company law (…) and, is the most important review since Victorian times’ on the law regarding ‘piercing the corporate veil’.

The Quistclose trust.

Ever since Barclays Bank Ltd v Quistclose,1 trusts have been inferred by English courts where a transferor gives an asset to a transferee for specific purpose and the latter uses the asset for another purpose. However, Quistclose trusts are valid as purpose trusts because there is no ascertainable beneficiary who can enforce the trust at the time of the transfer. The transferor only becomes empowered to enforce the trust in the event that the supposed trustee (the transferee) fails to perform their duties or fulfil the specific purpose. Also, there is no marker by which to measure the existence of the Quistclose trust. The transferor is entitled to take back the asset on the grounds that the purpose for the transfer was not fulfilled by the transferee giving the impression that the asset results back to transferor. However, a careful examination of the decisions that have applied Barclays Bank Ltd v Quistclose reveals that the decisions collectively distort traditional rules of equity. It is uncertain why a trust is inferred from a failed contract when the transferor may simply rely on the remedies for breach of contract. It is difficult to explain why courts continue to hold that a trust arises from the transferee’s failure to fulfil the purpose set in the contract between the transferee and transferor.

• Subject: Employment and Labour Law

Consider the impact of the behaviour of Blue Car Rental's owner, and advise their employees as to their rights.

The Equality Act 2010 ( EA) which came into force on 1st October 2010 replaces and consolidates a number1 of different acts into a comprehensive and wide-reaching ‘unitary’ statute.2 The EA identifies and describes nine protected characteristics from the effects of discrimination .3 The purpose of this paper is to explain how two of these characteristics, race and religion, are treated under the EA in respect of the various actions performed and language communicated by Ian, the employer of Blue Car Rentals Ltd., and any resultant consequences that ramify as a result of his conduct. The paper will also briefly explain some of the potential remedies and actions available to the persons affected by Ian’s behaviour.

• Subject: Medical LAw

Legal Research Task

An example of a 2,500 word legal research piece which is typical of the task required as part of the Bar Vocational Course. This particular piece is on Clinical Negligence and focuses on the law of causation therein.

• Subject: Advocacy

Advocacy Assessment

The Claimant has applied, under Civil Procedure Rules 25.7, for aninterim payment of £20,000 or such sum as the court thinks just. TheDefendant opposes the application.

Legal Research Record

Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding which, despite internal investigation, has now lead to a formal police report. Can DDL be held be liable for damages in respect of a possible civil claim for harassment; if so on what legal basis and to what degree.

• Subject: Law

Legal Research Answer

The general rule in English law is that a person cannot transfer a better titleto goods than he himself possesses. This rule is often referred to by the Latinmaxim nemo dat quod non habet. Section 21(1) of the Sale of Goods Act1979 (SGA 1979) partially sets out this rule in statutory form, stating that“where goods are sold by a person who is not their owner and who does notsell them under the authority or with the consent of the owner, the buyeracquires no better title to the goods than the seller had

• Subject: Human Rights Law

The conflation of mental disorder with dangerosity in the medico-legal discourse provides legitimacy for the infringement of the human rights of those offenders said to be mentally disordered.

What are the connections drawn between mental illness and dangerousness?

Writing Services

• Custom Essays
• Essay Plans
• Critical Reviews
• Literature Reviews
• Presentations
• Dissertation Title Creation
• Dissertation Proposals
• Dissertation Chapters
• PhD Proposals
• Journal Publication
• CV Writing Service
• Business Proofreading Services

Editing Services

• Proofreading Service
• Editing Service
• Academic Editing Service

Additional Services

• Marking Services
• Consultation Calls
• Personal Statements
• Tutoring Services

Our Company

• Frequently Asked Questions
• Become a Writer

Terms & Policies

• Fair Use Policy
• Policy for Students in England
• Privacy Policy
• Terms & Conditions
• [email protected]
• Contact Form

Payment Methods

Cryptocurrency payments.

Get the Reddit app

This subreddit is intended for the discussion of interesting UK caselaw and legislation, and for discussion of the legal profession - NOT FOR OBTAINING LEGAL ADVICE. Modmail in your proof of being a lawyer/solicitor/law student and get flair!

A Guide on Writing Law Essays

Funnily enough, this was one of the things I was worst at when I went to university. I took English Lang, Chemistry and Maths for my A Levels; needless to say, my essay-writing skills were lacking in first and second year. Then, I had look at the things I did well and I thought about a formulaic approach in constructing an essay. From a 58 and 68 in Semester 1 of third year, I shot up to getting 72s in every single thing I did after that point (including my dissertation). Here's how I did it: a "five act structure".

All essays can be broadly broken down into 5 sections:

Introduction

History of the Law

Current Implications of the Law

Law schools absolutely love this analytical method: say what you've just done, say what you're doing now, and say what you're going to do. It's not difficult to see how this immediately applies to the context of an essay subject, i.e. "What has the law done ? What is the law doing now ? What will the law do?" I'll discuss these in greater detail.

1. Introduction

This is where you read the question and decide how you're going to answer it. For instance, if the question is something like "The law on assault is too broadly applied. Discuss." you would say something like, "This essay takes the stance that the law on assault is broadly applied, but for a reason. Through analysis of the historical and contemporaneous contexts, it will be argued that the propositions or alternatives would undermine the objectives the law as viewed through a harm-reduction lens." Many, many people will say that you shouldn't write your introduction until the end of the essay; I disagree. Using this structure enables you to know what your argument is, how you're going to get there, and what you're going to discuss along the way. It also helps keeps you focused on the point you're making. You can always edit your introduction to sound a lot more powerful afterwards, and I'll put some examples of my highest scoring introductions with the questions asked in the comments.

If you've ever been told that you're "being too descriptive", what that means is that you're not going further than mere re-statements of the law or academic insight. The history of the law is good to get analytical marks because you can't discuss the state of things now without looking first at how we got here. Using the example above, you might argue that assault was criminalised initially because of X reasons, and the law was built upon that to be in line with the overall zeitgeist of harm-reduction. Basically, analysing the historical context is a great way of showing the marker that you've engaged with the material and understood the body of law in which it sits. Don't be ridiculous and go back to Medieval times, but part of the skill is being able to make a persuasive argument that is grounded in research and context.

Here is where you have the bulk of your analysis because you're discussing ongoing caselaw and legislation that is relevant to right now, and bringing in sources beyond the legal world (like for instance political, media, public perception) is something you can (and should!) do.

Use sources from the last few months to a year ago to really focus on the contemporary implications and, most importantly, use modern discourse to synthesise your own answer. You'll get a metric f*** tonne of marks for constructing a solution to the question that is grounded in research.

5. Conclusion

Sum everything up. It can be as few as 100 words, or as many as 300. The important thing here is not to introduce any new points into your argument. If you imagine an essay as a mountain, your previous (reforms) section should be the peak, and the conclusion is where you take a breather to toboggan down the other side at a rapid pace. It's a quick view of everything you've discussed.

What is Analysis?

Analysis is getting down to the nub of something. I usually have an end goal in mind whenever I make a point, so when I'm writing something, I ask myself, "So what?" If you keep asking yourself that as you write, you'll get down to the essence of a point and how that furthers your argument. Analysis comes in many forms, and critical analysis is looking at an academic's work with a critical eye. In effect, it's examining the limitations of an otherwise thorough piece of work. These limitations can be intentional, for instance an academic who wants to make a point may choose to overlook some argument, but you might think that the argument overlooked is actually really convincing because someone else pointed it out, so use that!

Do I Argue Both Sides?

NO! Never. In fact, you shouldn't even argue one side. I learned very late in my law school career that the best marks come from people who argue a nuanced view. You, of course, need to address the other side, but do it in an argumentative way, i.e. address it to undermine it. This is called Evaluation and is a step above analysis because you're exerting your skill in arguing why your stance is so strong that it undermines alternative views.

Sub-headings?

Hell yeah. I'm a huge proponent of sub-headings in my essays because they provide structure. I sub-head for each of the sections above; keeping Introduction and Conclusion the same, I tailor those other sections to the context of my essay. It keeps you focused, it helps the reader see a barebones outline of your essay, it makes a world of difference.

How Long Should a Paragraph Be?

The general rule is: 1 point/1 paragraph. This is a very good rule. When I was in school, I was too focused on letting my work look nice that I never paid any attention to the fact that the rule exists. If you spend multiple paragraphs discussing the same point, it actually breaks up your analysis and makes it seem like each separate paragraph is its own, incomplete, analysis. I've had paragraphs go on for more than entire pages of 12pt Arial 1.5 spaced writing (about 550 words), and those were the ones that got all the "Excellent" comments. Let go of your conceptions of what a "nice" paragraph is, just write!

If you have any other questions, just leave a comment down below or message me. I'm going to do another post for Problem Questions. Good luck to everyone starting or continuing their law degree this year, you can do it!

By continuing, you agree to our User Agreement and acknowledge that you understand the Privacy Policy .

Enter the 6-digit code from your authenticator app

You’ve set up two-factor authentication for this account.

Enter a 6-digit backup code

Create your username and password.

Reddit is anonymous, so your username is what you’ll go by here. Choose wisely—because once you get a name, you can’t change it.

Reset your password

Enter your email address or username and we’ll send you a link to reset your password

Check your inbox

An email with a link to reset your password was sent to the email address associated with your account

Choose a Reddit account to continue

• Pay for coursework
• Submit coursework

the UK's law coursework & essay library

1st & 2.1 work written by UK LLB law students

• 10 downloads - £4.99
• 50 downloads - £9.99
• 150 downloads - £19.99

Support your studies today

• Fast - Instant access after payment
• Easy - Friendly help when you need it
• Flexible - No time limits on using your downloads

Latest submissions

Question: 'Our constitution is dominated by the sovereignty of Parliament. But Parliamentary sovereignty is no longer, if it ever was, absolute.’ R (Jackson) v A-G [2005] UKHL 56 [104] (Lord Hope) Critically evaluate this statement by giving at least one example of the challenges to parliamentary sovereignty. Word Count 1302

Answer: It is difficult to dismiss the ongoing debate whether Parliament sovereignty is “evolving”1 or is “eroding”.2 This essay will aim to critically evaluate the quote derived from Lord Hope and will argue...

Read more of the answer →

Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 1st | Words: 1302 | References: Yes | Date written: November, 2019 | Date submitted: April 05, 2021 | Coursework ID: 1080

Question: Explain what the current law is relating to the defence of consent to non-fatal offences against the person and critically analyse the approaches taken by Lord Templeman and Lord Mustill in R v Brown [1994] 1 AC 212. “In principle there is a difference between violence which is incidental and violence which is inflicted for the indulgence of cruelty.” Per Lord Templeman in R v Brown [1994] 1 AC 212. “What I do say is that these are questions of private morality; that the standards by which they fall to be judged are not those of the criminal law…….. I regard the task as one which the courts are not suited to perform, and which should be carried out, if at all, by Parliament…. The only question is whether these consensual private acts are offences against the existing law of violence. To this question I return a negative response.” Per Lord Mustill in R v Brown [1994] 1 AC 212. Word Count - 1204

Answer: Non-fatal offences are “crimes against a person which do not result in death”. Sir John Smith Famously described non fatal offences as “ragbag”2. According to the Offences Against the Person Act 1861...

Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 1204 | References: Yes | Date written: November, 2019 | Date submitted: April 05, 2021 | Coursework ID: 1079

Question: The European Parliament’s Legislative Role and its Driving Force.

Answer: The European Parliament (EP) has several abilities to legislate on equal footing with the Council as prescribed by the TEU and TFEU. While the EP was originally restricted to an "advisory assembly”...

Details: - Mark: Not available | Course: European Union Law | Year: 2nd/3rd | Words: 2974 | References: Yes | Date written: January, 2021 | Date submitted: February 10, 2021 | Coursework ID: 1078

Question: Review and Recommendations on the Penalty Rule. LAW1004 - May 4th, 2020

Answer: After having conducted their last review on penalties in 1975, the Law Commission found that the test for finding a penalty was satisfactory . However, academics were critical of this, arguing that...

Details: - Mark: Not available | Course: Contract Law | Year: 2nd/3rd | Words: 1863 | References: Yes | Date written: May, 2020 | Date submitted: February 10, 2021 | Coursework ID: 1077

Question: The Impact Leaving the EU has had on the UK Constitution. Constitutional and Administrative Law - December 13th, 2019

Answer: The UK is known for its uncodified, and ambiguous constitutional structure. In fact, Ever since the UK joined the ECC - now EU - in 1973, discussions around and analyses of the...

Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 1st | Words: 1918 | References: Yes | Date written: December, 2019 | Date submitted: February 10, 2021 | Coursework ID: 1076

Question: ‘Parliamentary sovereignty is a fundamental principle of the UK constitution’ Lord Neuberger in R (Miller) v Secretary of State for Exiting the European Union, [2017] UKSC 5 [43], [2017] 2 WLR 583. Critically discuss the place of Parliamentary sovereignty in the modern UK constitution.

Answer: Lord Neuberger in R (Miller) v Secretary of state for Exiting the European suggested that ‘Parliamentary sovereignty is a fundamental principle of the UK constitution’ .In light of Lord Neuberger’s statement, this...

Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 1st | Words: 2334 | References: Yes | Date written: January, 2018 | Date submitted: August 21, 2020 | Coursework ID: 1075

Question: The local authority of Two Peaks has decided to move its archives into a purpose built warehouse. The local authority enters into a contract with ‘Dale Cooper Construction Company’, which specialises in warehouse construction. Bob works at the construction site, operating the crane. One morning, Bob comes late to work. He had been drinking heavily the night before. Bob begins work, and releases a heavy steel rod, which pierces the roof of the almost complete warehouse and kills Mike. Laura was also working in the warehouse, and she was next to Mike when he got killed. Both Laura and Bob develop Post Traumatic Stress Disorder (PTSD) because of the accident. The impact of the steel rod causes structural damage to the warehouse, which remains undetected until a few months later, when the archives of the local authority have already been moved into storage. Ahmed, a PhD student who requires access to these archives for his research, cannot complete his PhD. His visa expires, and he has to return to his home country. Because he has failed his PhD, he cannot get a good job, as he was hoping to. He sues the local authority of Two Peaks for ruining his career. Advise Mike’s estate, Bob, Laura, and Ahmed as to any action(s) in tort they have available, and their chances of success. Module Code: LX2080 Module Title: Tort Law

Answer: Mike and Laura can claim that Dale Cooper Construction Company (DCCC) is vicariously liable for the torts of negligence committed by Bob. Bob can pursue a claim against DCCC for causing his...

Details: - Mark: Not available | Course: Tort Law | Year: 2nd/3rd | Words: 2495 | References: Yes | Date written: January, 2018 | Date submitted: August 21, 2020 | Coursework ID: 1074

Question: In Re Baden’s Deed Trusts (no 2) [1973] Ch. 9 the three Law Lords set out different tests in relation to certainty of objects for a discretionary trust. Critically analysing the law and academic commentary, what do you consider to be the best way forward for trustees when deciding the proper approach to take in a discretionary trust? Module Code: LX2083 Module Title: Equity & Trusts

Answer: In the case of Re Baden's Trust (No. 2) , the three law lords Sachs LJ, Stamp LJ and Megaw LJ each outlined different tests which they believed would help validate the...

Details: - Mark: Not available | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 2438 | References: Yes | Date written: January, 2018 | Date submitted: August 21, 2020 | Coursework ID: 1073

Question: ‘The practical operation of the exemptions to the duty to make references (Article 267(3) TFEU) prevents the preliminary reference procedure from promoting the uniform application of EU law.’ Critically discuss. Brunel University London Module Code: LX2081 Module Title: Law of the European Union

Answer: Article 267 of the Treaty on the Functioning of the European Union (TFEU) serves as the basis for the preliminary reference procedure which aims to encourage cooperation between national courts and the...

Details: - Mark: Not available | Course: European Union Law | Year: 2nd/3rd | Words: 2446 | References: Yes | Date written: January, 2018 | Date submitted: August 21, 2020 | Coursework ID: 1072

Question: "The law of vicarious liability is on the move" (Lord Phillips). Discuss.

Answer: This issue to address here is the manner in which vicarious liability is ‘on the move’ and whether its recent expansion is justifiable. The traditional requirements of the law were intermixed with...

Details: - Mark: Not available | Course: Tort Law | Year: 1st | Words: 1297 | References: Yes | Date written: March, 2019 | Date submitted: April 17, 2020 | Coursework ID: 1071

All categories of law coursework

Registering is fast and easy

Welcome back

Gain access

• Register with us
• Pay for instant access
• Or submit 3 pieces of your work for free access
• All categories (882)
• Commercial Law (56)
• Common Law (1)
• Company Law (8)
• Constitutional & Administrative Law (19)
• Contract Law (117)
• Criminal Law (89)
• Employment Law (9)
• English Legal System (80)
• Enviromental Law (8)
• Equity & Trust Law (20)
• European Union Law (58)
• Family Law (26)
• Human Rights Law (44)
• I.T. & the Law (6)
• Insolvency Law (2)
• Intellectual Property Law (15)
• International Law (21)
• Jurisprudence (29)
• Land Law (55)
• Law of Evidence (12)
• Legal Practice Course (4)
• Medical Law (15)
• Public Law (47)
• Professional Skills Practice (1)
• Roman Law (2)
• Tort Law (48)

Lawcoursework.com is an online library of UK LLB law student work.

We are based in Hulme near to the Manchester University campus

Here you can buy quality LLB law coursework, essays, assignments, papers & dissertations to help guide and support your studies.

We only provide work that has been written by UK university students and is of at least 2.1 standard.

The site is run by graduates who understand the needs of students and the academic requirements of the LLB law degree programme.

So if you have any questions or need help using the site, please do contact us...

Public Law for Everyone

by Professor Mark Elliott

Writing a Law essay? Remember to argue!

Providing advice in the abstract about how to write Law essays is difficult because so much depends on the nature of the question you are answering. It’s also important to take into account whatever are the expectations for your particular course, degree programme or university. Nevertheless, a useful rule of thumb, I think, is that a good Law essay will normally set out and advance a clear thesis or argument . (Note that I’m referring here to essays as distinct from problem questions: the latter call for a different approach.)

The need for an argument

Some answers explicitly call for this. Take, for example, the following essay title:

‘Do you agree that parliamentary sovereignty is the most important principle in the UK constitution?’

Here, the question itself in effect advances an argument — that parliamentary sovereignty is the most important principle in the constitution — and invites you to say whether you agree with it or not. And in saying whether you agree, you need to advance your own argument: ‘I agree with this because…’. Or: ‘I disagree because…’. Or even (because if the question advances a position that you think implies a misconception, oversimplification or false premise, you can say so): ‘I will argue that the question oversimplifies matters by assuming that a particular constitutional principle can be singled out as uniquely important…’

Other questions may indicate in a less direct way the need for you to put forward your own argument. For example:

‘“Parliamentary sovereignty is the most important principle in the UK constitution.” Discuss.’

Here, we don’t have a ‘do you agree?’ prompt; instead, we have the apparently less directive ‘discuss’ prompt. If we read the question literally, it may seem that there is no need for you to put forward your own argument here. After all, it’s possible to ‘discuss’ something without advancing your own argument about it: you could make various points, explain various matters, and leave the reader to make up their own mind. But while this may be formally true, it’s unwise to read the question in this way, because it creates the risk that you will end up writing something very general and descriptive on the topic without going any further.

To summarise, then, there are at least three reasons for making an argument part of your essay. First, the question will often call for this, whether explicitly or implicitly, such that you wouldn’t be answering the question if you didn’t set out and develop an argument. Second, if you don’t impose on yourself the discipline of articulating and defending an argument, you risk underselling yourself by writing something that is descriptive and meandering rather than purposefully constructed . Third, setting out and developing an argument involves taking ownership of the material. By that, I mean using the material in a way that serves the purposes of your argument, showing that you are in command of it and that it is not in command of you. This, in turn, provides an opportunity to demonstrate a level of understanding that it would be hard to show in a descriptive essay that simply wandered from point to point.

Setting our your thesis

If putting forward an argument is (often) important or necessary, how should it be done? There are no great secrets here: the formula is straightforward. You should begin your essay by stating your thesis — that is, by setting out what it is that you are going to argue. This should be done in your introductory paragraph — by the time the reader reaches the end of that paragraph, they should be in no doubt about what you are going to argue. Imagine, for instance, that you are presented with the following essay title:

‘“The courts have expanded their powers of judicial review beyond all acceptable constitutional limits in recent decades; it is time to clip the judges’ wings.” Discuss.’  

In response to such a question, it might be tempting to say in your introduction that (for example) you are going to ‘show’ how the courts’ powers of judicial review have grown, ‘consider’ why this has happened and ‘examine’ the criticisms of judicial over-reach that have resulted. These are all perfectly sensible things to do when writing an essay on this topic, but if that is all you say in your introduction, you will leave the reader wondering what you think — and what you are going to argue . In contrast, an introductory paragraph that lays the foundation for essay that properly advances a thesis will set out what that thesis is. You might, for instance, take each of the propositions set out in the question and stake out your position:

‘In this essay, I will argue that (a) while the courts’ powers of judicial review have grown in recent decades, (b) it is misguided to suggest that this has breached “all acceptable constitutional limits” and (c) that those who now advocate “clip[ping] the judges’ wings” misunderstand the role of the judiciary in a rule of law-based constitution. In other words, the courts’ judicial review powers are entirely appropriate and those who seek to limit them risk undermining the rule of law.’  

An introduction of this nature would achieve two things. First, it would make clear to the reader the position you proposed to take. Second, it would immediately lend the essay a structure.

Developing your thesis

Once you have set out your thesis in the introduction, you need to develop or defend it. This will involve making a series of connected points in successive paragraphs, each of which relates to your overarching thesis. One way of thinking about this is that the individual points you make in the main body of the essay should all relate or point back in some way — and in a clear way — to the position that you staked out in the introduction.

In the example introduction above, the overarching thesis is set out in the second sentence; the individual and connecting parts of the argument are set out in propositions (a), (b) and (c) in the first sentence. One approach, therefore, would be to divide the answer, once the introduction has been written, into three parts, dealing in turn with points (a), (b) and (c). Naturally, as you work through the various parts of your argument, you will need to cite relevant evidence (cases, legislation, literature and so on) in support of your argument. You will also need to deal with matters that appear, at least at first glance, to sit in opposition to your argument (on which see further below) or which, once properly considered, require your argument to be refined.  

A key point, however you proceed, is that the reader should also be clear about how each successive point relates not only to the previous point but also to the overarching argument. The reader should never be left wondering ‘Where does this fit in?’ or ‘Why am I being told this?’ A simple way of avoiding these problems is to signpost , by saying at the beginning of each section how it relates to the overall argument. The flipside of this coin is that you should avoid saying things like ‘Another point is that…’ since this gives the impression, rightly or wrongly, that the various points in your essay have been thrown together in a random order, with little thought as to how they fit together or relate to your overall argument. Even if that’s not the case, you don’t want to risk giving the reader that impression.

A one-sided approach?

The advice set about above might seem to imply that I’m suggesting you write one-sided essays — in which you set out points that support your argument while ignoring those that don’t. However, that’s not at all what I’m suggesting. In order to set out your argument in a persuasive manner, you need to deal both with relevant points that support your argument and with relevant points that appear to challenge your argument — and, in dealing with the latter points, you need to show why they do not in fact fatally undermine your argument. In other words, the approach I’m suggesting here doesn’t mean that you should adopt a blinkered approach, paying no attention to counterarguments: rather, you need to deal with them in a way that shows that, having thought about and weighed them in the balance, you are in a position to show why your argument stands in spite of them (or why your argument can be adapted in a way that accommodates such points).  

All of this points towards a further matter: namely, that advancing an argument in your essay does not mean that you need to (or should) be argumentative in the sense of adopting a strident tone that brooks no debate or compromise. Rather, advancing an argument in the way I’ve suggested here means being thoughtful and persuasive : taking the reader with you on a journey that demonstrates that you have looked at the relevant material, carefully thought through the issues raised by the question, and arrived at a view that you are able to justify and defend through well-reasoned and suitably evidenced argument.

So what about your conclusion? If you’ve followed my advice above, it should more or less write itself. People often agonise over conclusions, perhaps thinking that there has to be some ‘big reveal’ at the end of their essay. But there doesn’t need to be — and indeed there shouldn’t be — any big reveal. There should be no surprises at the end precisely because you’ve set out your argument at the beginning and spent the rest of the essay carefully constructing the different strands of your argument. The conclusion is an opportunity to draw those stands together, but no-one should have to wait with bated breath for the conclusion before finally realising: ‘Ah, so that’s what they think!’ If that’s the impact of the conclusion on your reader, it means there’s something wrong with the introduction!

This post was first published on The Law Prof blog . It is re-published here with permission and thanks.

• Already have a WordPress.com account? Log in now.
• Subscribe Subscribed
• Copy shortlink
• Report this content
• View post in Reader
• Manage subscriptions
• Collapse this bar

Love, warmth and hard work: the heart of the UK care system – photo essay

The photographer Halena Hucker has spent the last year interviewing care workers and photographing behind the scenes of the care sector in a project titled In Love and Care. She documents the multifaceted nature of care work and highlights humanity amid the care system’s economic and political uncertainties, emphasising how the dedication of carers sustains the system

I n Love and Care came from a personal place in my heart. Many of my family members work in care, with aunties and cousins working in nursing homes, as well as my mum, who previously took over a caring role for her mother. This project took inspiration from my family, who have first-hand dealt with the exhaustion and physical demands of being a carer.

Assisting with painting in an art class at a care home in London, 2024

From the conversations with social care workers, you confront the stark realities of an underfunded sector where caregivers often work tirelessly against the odds. The gender disparity in the social care workforce highlights broader societal inequalities that demand attention. If people can see the love, warmth and hard work that these carers pour into their jobs, it will hopefully encourage the government to allocate more funding into the sector.

Mugs and biscuits lined up for morning coffee and chats, Vauxhall, London, 2023

In Love and Care discusses the understaffing and lack of availability of carers, how employers value them, and shares positive and negative experiences from people who work in care.

Despite the troubles of an under-governed system, care workers show up and give their all, day after day. Above all, In Love and Care celebrates the love and resilience of carers, highlighting the importance of the care system as the population ages.

Chelsey Depledge, healthcare assistant, Somerset

“I believe to improve social care, more funding should go towards employing more staff, and more training should be put in place for staff so they feel comfortable and confident undertaking their job roles. More meaningful activities should be provided in care homes and social care settings for clients, to ensure they have a good quality of life and have activities where they can interact with others to combat loneliness and gain mental stimulation.”

A housekeeper folding sheets in the laundry room of a care home in London

Mikey, day centre driver and support worker for adults with learning disabilities, Hertfordshire

“Everything is forgotten. If you want to talk to the health minister now, or even say to your care workers: ‘Look at the pandemic, we were clapping for carers.’ That was the best you got, it’s a mouthpiece. But it doesn’t bother me, you know, I look at myself as an individual helping other people because you never know, situations might change. That’s the beauty of the job.

“It was very good when the government was singing our praises. Wouldn’t it be nice to actually get more people into the profession? But, you know, everything is forgotten.

“I mean anybody who hasn’t done care or wants to come into care, it’s a very broad industry, with many different people. Just like anything in life. Come and try for yourself. You’ll love it, because the guys you work with, the individuals who work with you, will make your day, they’re all different characters. That’s the beauty of it, different branches of a tree. Everybody’s got their little bit to uplift you.

“Come in and try it, you can’t go wrong, if you’re a people person and you want some change. This is for you, you know, give something back to people, not just think about yourself, give something back and the reward will be yours.”

Ellen, foster carer and day centre support worker for adults with learning disabilities, London

“I foster care because I want to improve the experience of young people. I want to create new ways of working with and supporting them. I want to make a lasting impact on the people who come into my life.”

A storage cupboard full of wheelchairs, London, 2024

Jan, care worker and vicar, Somerset

“I think when people bring their mother or father to the home, they’re worried that they wouldn’t get the care that they should. There was one lady who has recently died, but her daughter came in and said, you know, we were really worried because we didn’t know whether she would get the love and the care she needs.

“It’s handing that responsibility over to someone else at that point, you don’t know, really, and you just have to trust that what is said is the truth. It takes a little while for them to realise that yes, you know, this home does provide, we all go out of our way to provide great quality of care. After a short while she realised that, and that her mum was very happy as well and said everything’s well. She called us her family. She’d say: ‘I’m leaving you with your other family.’”

A resident’s eclectic bedroom in a care home in Somerset, 2023

Above left: Margaret, a care home resident in Somerset, in the reflection of a bedroom mirror. Above right: a chandelier outside Margaret’s bedroom, 2023.

Michelle, day centre support worker, London

“If you speak to a lot of people, it’s the funding that is the problem, and we have to sort of beg, steal and borrow them. Over the years we’ve had to make do and mend so many things. And our clients are paying quite a bit of money to come here. They should be having the best that we can offer them. And not jigsaw puzzles from a charity shop. Why shouldn’t they be having brand new? I think the government needs to look at the funding, and they shouldn’t be stingy. Then they would attract more people into care.”

An activity coordinator hosts a ‘guess your cards right’ activity in Vauxhall, London, 2023

Jan Monahan, day centre support worker, London

“The day centre promotes life skills and integrating people into the community. Over Christmas they were involved with Borehamwood football club, they were out and about to pantomimes. It just gives them confidence to go into the community, because it’s not made such a big thing. I think for me it is promoting their independence. That is what I get out of it.”

A physio room in a care home in Vauxhall, London, 2023

Kate, healthcare worker and day centre support worker for adults with learning disabilities

“For me, just seeing people develop and happy, being able to do the little things like creating a picture or making a cup of tea. Seeing the smile on their face and realising that they’ve done this.

“You know, the sort of happiness they get, and I think in that moment, when they’ve realised their potential and realise they feel valued for what they’ve done, I love that because in that moment it’s like there’s nothing else around you.

“There’s nothing else that matters, it’s just that moment of seeing what they’ve done and you feel like you’ve supported them to do that. They’re really lovely moments and I think that’s what keeps you going, to help inspire people to keep moving forward.”

Debbie Coles, former care assistant, now a teaching assistant

“I found towards the end it was quite difficult. We had quite a high turnover of staff. I was still on relief and I was running a shift with agency workers who didn’t know the house. So you end up doing the lion’s share of what needs doing.”

A corner of the common space in a care home in Fulham, London, 2023

Sue, care worker and manager of a nursing home, Somerset

“We used to have quite a few social service residents. But the difference in what they pay now and what our fees are is so huge, we really can’t afford to fill our home with people on social service. And I don’t know, I feel awful having to say no to people. But in this home, the only income you’ll get is what the residents pay, and I don’t think people realise how much goes out.

“The biggest chunk of whatever comes in is the wages. And we do try and always pay above the minimum wage. Because they certainly deserve it. I’d like to pay more if we could.”

Lujan, healthcare assistant at an elderly care home, London

“My parents, they work as healthcare assistants, but they didn’t tell me anything about the job. It was a surprise to me. It’s better if your children want to go into healthcare. They need to research it on their own. And if the research is on the internet, it just says personal care and people won’t even read it. They’ll say, OK, personal care, that’s it. Then when they go there, it’s like there are a variety of things in personal care that’s needed.

“I didn’t know anything about needing to change your pad, needing to give clients a wash and everything. At first my mind was blank. OK, what is it? But, slowly, it took me some months to be familiar with the job, but after that it’s OK. When you enjoy doing this job, you’ll find it easier.”

• The Guardian picture essay
• Care workers
• Social care

Most viewed

Advertisement

Supported by

They Spouted Hate Online. Then They Were Arrested.

As hundreds of people appear in court for their role in recent anti-immigrant riots in Britain, several are accused of fueling disorder through online posts, raising questions about the limits of free speech.

• Share full article

By Mark Landler

Reporting from London

A 53-year-old woman from northwest England was jailed for 15 months after posting on Facebook that a mosque should be blown up “with the adults inside.” A 45-year-old man was sentenced to 20 months for goading his online followers to torch a hotel that houses refugees. A 55-year-old woman was questioned by the police for a viral post that wrongly identified the suspect in a deadly knife attack at a children’s dance class.

These and other people are accused of being “keyboard warriors,” in the words of one British judge, exploiting social media to stir up the anti-immigrant riots that exploded after the suspect was arrested in the fatal stabbings of three young girls at the dance class, in the town of Southport. Their cases have now become examples in a politically charged debate over the limits of free speech in Britain.

With the courts handing down harsh sentences to hundreds who took part in the violent unrest, and calls for the government to strengthen regulation of online content, some argue that the authorities risk going too far. Not only are judges locking up far-right rioters , these critics say, but they are also opening the door to a broader crackdown on speech.

The noisiest critiques have come from Elon Musk, the billionaire owner of X, once known as Twitter. After far-right groups used his platform to spread disinformation about the attack and foment the violent disorder that followed, Mr. Musk waded into the debate, claiming that civil war “is inevitable” in Britain and attacking Prime Minister Keir Starmer.

“The U.K. is turning into a police state,” Mr. Musk posted on Monday, referring to an emergency plan activated by the government to ease pressure on chronically overcrowded jails, under which defendants can be held longer in police cells until space opens in prisons.

We are having trouble retrieving the article content.

Please enable JavaScript in your browser settings.

Thank you for your patience while we verify access. If you are in Reader mode please exit and  log into  your Times account, or  subscribe  for all of The Times.

Thank you for your patience while we verify access.

Already a subscriber?  Log in .

Want all of The Times?  Subscribe .

We've detected unusual activity from your computer network

To continue, please click the box below to let us know you're not a robot.

Why did this happen?

Please make sure your browser supports JavaScript and cookies and that you are not blocking them from loading. For more information you can review our Terms of Service and Cookie Policy .

For inquiries related to this message please contact our support team and provide the reference ID below.

Republicans’ New, Dangerous Attempt to Break the Election

Even if the Supreme Court rejects this plea, the GOP will advance its cause of sowing doubt in the electoral process all the same.

Produced by ElevenLabs and News Over Audio (NOA) using AI narration.

Updated at 11:27 a.m. ET on August 26, 2024

Only months before November’s elections, the Republican National Committee has launched a new legal attack on the rules that govern federal elections. Supported by 24 states, the RNC is seeking, on an emergency basis, a Supreme Court ruling that the United States Congress lacks the constitutional authority to regulate presidential elections—congressional elections, yes, but not elections held to select presidents. The petitioners’ immediate goal is to allow the state of Arizona to impose a “proof of citizenship” requirement as a condition of a person’s right to vote for president.

If they are to succeed, the Court will have to suddenly, with mere weeks left before people start voting, abandon or explain away a decision it rendered in 2013—that Congress has the power to establish rules for voter registration in presidential elections. But even if the suit fails, it risks achieving some success in sowing doubt about the integrity of elections, highlighting claims of illegal voting by immigrants, and laying a foundation for post-election allegations of fraud and related legal challenges. (I have advised the national Democratic Party on this suit and have been further monitoring it as part of nonpartisan work to support election administrators in their preparation for the fall elections.)

The RNC target in this suit is a federal statute, the National Voter Registration Act (NVRA), enacted in 1993 to establish uniform, simplified, and nondiscriminatory rules for the registration of voters in federal elections. NVRA requires states to provide registration opportunities at their motor-vehicle departments and public-assistance agencies, and directed the adoption of procedures to keep voter rolls accurate and current. The law also mandated a federal voter-registration form that states must “accept and use.” The form requires an attestation of citizenship under penalty of perjury and no further documentation.

Read: Should voter registration be automatic?

But in 2022, Arizona passed a law requiring its voters to submit , along with the federal form, documentary proof of citizenship (DPOC), such as a passport or a birth certificate. Under that law, Arizonans who register to vote with this form but do not provide DPOC would be barred from voting at all for president, and from voting by mail in any other election in the state. The state has never enforced the law, for one reason: In 2013, the Supreme Court had held that the NVRA preempted an earlier version of this requirement—constitutional-law-speak for not permitting the state to add its own DPOC mandate to the attestation called for by the federal form. This meant that the state could impose its own requirement only for state elections. Ever since then, only those Arizona voters who did not use the federal form to register were required by law to supply DPOC, but even this was not enforced.

With more than half the states in its corner, Arizona now argues in effect that the Supreme Court got it wrong, because, in its view, the Constitution confers on the states exclusive authority to regulate presidential elections. Congress can force the form without DPOC on the states for congressional elections only. The RNC and its allies claim as one source of authority the Constitution’s electors clause, which empowers states to establish the process for the appointment of presidential electors and, the petitioners argue, provides them with the broad authority they are seeking over the rules for registering in presidential elections. This reliance on the electors clause will be familiar to readers who followed the controversy over the so-called independent legislature doctrine, which in its most extreme articulation would somehow allow legislatures alleging “fraud” to disregard the popular vote for president and appoint their own preferred electors. In a 2022 case testing the boundaries of the clause, the Supreme Court did not move down that path .

The petitioners in the current case urge the Court to share their worry about undocumented immigrants voting illegally, and to recognize the urgency of giving states the constitutional latitude to deal with it. In their amicus brief, the 24 states allege that such voting is widespread: “The problem of non-citizen voting has gotten worse, as the number of aliens in the United States has undeniably grown.” These votes have been numerous enough, they assert, to have delivered victories to Democrats in states such as Minnesota and North Carolina, in both Senate and presidential elections. In the view of these petitioners, the states should be able to do something about it, and the Constitution does not allow the federal government to get in the way of laws like Arizona’s, specifically in presidential elections. (There is, in fact, no evidence of any such pervasive undocumented-immigrant voting, much less any kind of systematic voter fraud.)

The earlier 2013 decision is one hurdle that the RNC and its allies confront, but not the only one. The Court has made clear in other cases, as in those involving presidential campaign finance, that Congress does indeed have the power to regulate presidential elections: “Congress has the power to regulate Presidential elections and primaries,” the Court said in Buckley v. Valeo , affirming its position in the earlier case of Burroughs v. United States , that Congress can use that power to safeguard those elections from corruption.

The Court has also upheld Congress’s authority to lower the voting age in presidential elections, to prohibit disqualification of voters in presidential and vice-presidential elections for failure to meet state residency requirements, and to provide uniform national rules in those elections for absentee voting. Additional federal laws on the books for years protect against the coercion of voters in presidential elections and ensure that members of the armed forces and other overseas voters have access to the ballot.

NVRA rests on additional constitutional foundations. Congress’s power to regulate federal voter registration also derives from the Fourteenth and Fifteenth Amendments’ protections against racial discrimination. NVRA contains “findings” in support of its provisions, one of which is that “discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for Federal office and disproportionately harm voter participation by various groups, including racial minorities.”

And the RNC has a significant timing problem. Under the Purcell principle—the name of a relevant case decided in yet another Arizona election-law controversy—11th-hour legal maneuvers for changes in election laws are disfavored, in an effort to reduce the risk of “voter confusion and consequent incentive to remain away from the polls.” Yet the RNC has shown up at the Supreme Court, less than three months prior to the next presidential election, to make a bold constitutional claim and to seek “emergency” action to enable it to enforce a law it passed two years ago.

In the meantime, thousands of Arizona voters have registered with the federal form without providing DPOC—because federal law does not require them to do so. A last-minute decision by the Court to allow Arizona to enforce its DPOC law could throw all of these registrations into question—the sort of chaos and confusion, seriously undermining the orderly administration of the election within months of the election, that the Court has counseled the judiciary to strive to avoid.

Read: The decision that could end voting rights

Faced with the unfavorable Court ruling in 2013, the RNC and its state supporters are well aware of the aggressive nature of their move. The states are calling for the Court to “overrule” or “cabin”—a legal term for “narrow”—that decision, from which Justices Clarence Thomas and Samuel Alito dissented. The RNC and its allies likely see them as candidates to revisit it. Justice Neil Gorsuch, too, has joined Thomas in stating concern over the “federalization” of state-court rulings in election-law cases. Here, then, are three possible votes. The petitioners might believe more are persuadable.

But winning in Court may not be all that the RNC hopes to gain. Even if they lose, the RNC and its co-litigants will be building a case for post-election claims of illegal voting—illegal noncitizen voting in particular. They’ll charge that the federal government under Democratic control will let it happen, because, as petitioners allege in their cited examples of Minnesota and North Carolina, Democrats will benefit. The RNC and its supporters will say that they did what they could, warning of the threat and appealing to the Court, and that they were defeated only by process—fealty to the Purcell principle. As a political calculation, perhaps it works either way: The courts can be their vehicle for messaging about illegal voting, win or lose.

A strategy to pursue political gamesmanship in the courts is also not incompatible with a longer-term legal strategy. The Court may reject the “emergency relief” in this new Arizona case, but the Justices may still take up this issue in due course. The RNC under Donald Trump’s leadership is seeding the election-law landscape with other claims that may have poor prospects of yielding immediate gain, and yet remain available for development and better success later. In two states, the RNC is bringing claims that states cannot process any mail-in ballots after midnight of Election Day, even if cast and received within the period specified by state law. It is apparently setting up these cases for Supreme Court review. And the “independent-state-legislature doctrine” is by no means gone for good.

The “ voting wars ,” as the legal scholar Richard L. Hasen has termed the legal battles over elections, appear certain to rage on. They have intensified under the pressures of election denialism and the grievances of a former president over an election he will not concede he lost. Now the Supreme Court will have to decide, whatever course this conflict takes in the years ahead, whether it will entertain novel and potentially destabilizing legal claims as election administrators complete their preparations for the fall, and the voting begins.

About the Author

More Stories

The Rise of a New, Dangerous Cynicism

Why Do Former Presidents Have Access to Classified Information?