Intersectionality was a prism to bring to light dynamics within discrimination law that weren’t being appreciated by the courts’ (see Kimberly Crenshaw ‘The intersectionality wars’ Coaston, J, Vox, 28th May 2019) With reference to at least one human rights or equality law case, evaluate and respond to the claim that the failure of courts to adopt an intersectional approach conceals injustice.

Justice, Equality and Society

ESSAY QUESTIONS – SUMMATIVE ASSESSMENT – 2000 WORD ESSAY

N.B. You are not expected or advised to answer an essay question if the teaching material it is based on has not been taught due to the strike action. As the strike is ongoing, we cannot be sure exactly how many topics this will apply to but we will keep you updated as to the implications for your assessment as much as possible. If you do submit an answer based on a topic that has not been taught, please remember that no allowances can be made when marking. Therefore, you do so at your own risk.

1) ‘Equality requires more than restraint from the state. In addition, it calls for a duty upon the state to take positive measures to promote equality’ (Providing Equality: Substantive Equality and the Positive Duty to Provide’ Sandra Fredman 2005)  With reference to concepts of justice and equality, critically evaluate and respond to this statement.

2) ‘Intersectionality was a prism to bring to light dynamics within discrimination law that weren’t being appreciated by the courts’ (see Kimberly Crenshaw ‘The intersectionality wars’ Coaston, J, Vox, 28th May 2019)  With reference to at least one human rights or equality law case, evaluate and respond to the claim that the failure of courts to adopt an intersectional approach conceals injustice.

3) ‘Legal aid is critical to the fairness of the justice system, enabling those without sufficient financial means to participate on equal terms with those that can afford representation.’ ‘The Future of Legal Aid. House of Commons Justice Committee, 2021
Assess this statement critically, with reference to the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

4) Critically evaluate the arguments for and against the abolition of stop and search.

5) The Ministry of Justice’s strategic vision for reform is to create ‘a more effective, less costly and more responsive justice system for the public’ (HM Courts & Tribunals Service website).  Critically evaluate and respond to how effectively that vision has been achieved in reference to the tribunal system in England and Wales.