Public Law - Practice Paper 1

The Prime Minister announces that the Government will use the royal prerogative to withdraw from an international climate treaty without seeking parliamentary approval. She also announces the creation of a new Environmental Enforcement Agency by prerogative Order in Council, with powers to impose fines on polluting businesses. Greenpeace UK and several affected businesses wish to challenge these actions. Advise the claimants on the constitutional basis for challenging the use of prerogative power in each case and the likely outcome.

The growth of delegated legislation poses a significant threat to parliamentary sovereignty and the rule of law. Discuss this statement with reference to the constitutional safeguards that exist to control the exercise of delegated legislative powers.

The Secretary of State for Health exercises powers under the Public Health Act to issue regulations requiring mandatory vaccination for all healthcare workers. Dr Erica, who has a genuine medical condition preventing vaccination, is dismissed from her NHS position. She also discovers that the consultation period was reduced from the standard 12 weeks to just 5 days due to claimed urgency. Advise Erica on any grounds for judicial review and any HRA claims she may have.

Assess the significance of the proportionality test in judicial review. Has proportionality replaced Wednesbury unreasonableness as the primary standard of review in UK public law?

Parliament passes the National Security Act 2024 which provides that the Intelligence Services may detain any person for 48 hours for questioning without access to a lawyer if the Home Secretary certifies the detention is necessary for national security. Frank is detained under these provisions and held for 44 hours without legal representation. His family are not informed. Upon release, Frank wishes to challenge the legality of his detention. Advise Frank, considering both common law principles and Convention rights under the HRA 1998.