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WRITING CASE NOTES AND CASE COMMENTS1 - Open …

1 WRITING case NOTES AND case COMMENTS1 Jessica Giles, Law Lecturer, The Open University Contents 1. Introduction Learning outcomes 2. WRITING case NOTES How to start Common law, civil law, international law and supranational law legal systems and types of judgment Deconstructing and reconstructing a case Organising the pieces Reconstructing legal argument Deciding on a topic or case upon which to comment Summary 3. Purpose and format of case comments Activity Purpose Format Key elements of a case comment: introduction Key elements of a case comment: explanation of the case Key elements of a case comment: discursive argument Key elements of a case comment: conclusion Summary 4.

unconstitutional and therefore void. They only have a limited power to make a declaration of incompatibility where they deem an Act to be incompatible with the provisions of the Human Rights Act 1998. This contrasts with the American common law system, where, for example, the US Supreme Court can declare an Act unconstitutional and therefore void.

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