Durham BA: Constitutional Principles Exam Paper

The UK Parliament has passed the National Security Act 2024, which includes a clause stating that 'no court may review any decision made under this Act by the Home Secretary relating to national security.' Sarah, a British citizen, has been stripped of her citizenship under this Act without being given reasons or a hearing. She seeks to challenge this decision in court. The Government argues that the clause means courts have no jurisdiction to hear her case. Advise Sarah on the constitutional principles that may assist her challenge, with particular reference to the rule of law and parliamentary sovereignty.

"The separation of powers in the UK constitution is more apparent than real." Critically evaluate this statement with reference to the relationships between the executive, legislature and judiciary.

Following a series of terrorist attacks, Parliament passes the Emergency Powers Act 2024 using an extremely expedited procedure with only 2 hours of debate and no committee scrutiny. The Act includes provisions that: (i) Allow indefinite detention without charge of 'suspected terrorists' (ii) Prohibit all public gatherings of more than 5 people (iii) Grant the Home Secretary power to make regulations 'for public safety' without parliamentary approval (iv) State that these powers 'override any inconsistent provision in any other enactment' Mark, a civil liberties lawyer, seeks to challenge the Act. The government argues that parliamentary sovereignty means the courts cannot question any Act of Parliament, regardless of how it was passed or what it contains. Advise Mark on constitutional principles that might assist his challenge.

"The rule of law is whatever the courts say it is." Critically assess this statement, examining the different conceptions of the rule of law and the role of the judiciary in defining and enforcing it.