Oxford BA: Separation of Powers & Rule of Law Exam Paper

Following a series of terrorist attacks, Parliament passes the Emergency Powers Act 2024, which grants the Home Secretary power to detain any person 'reasonably suspected of terrorist activities' for up to 90 days without charge. The Act explicitly states that 'no court may review decisions made under this Act.' The Home Secretary immediately detains Ahmed, a journalist who has been investigating government surveillance programs, claiming he has 'dangerous connections.' Ahmed's lawyers seek judicial review of his detention, arguing the Act violates fundamental constitutional principles. Meanwhile, the Lord Chancellor publicly criticizes senior judges as 'enemies of the people' for previous rulings against government policy and announces a 50% cut to the judiciary's budget. The Prime Minister supports these measures, stating that 'the executive must be free to protect national security without interference from unelected judges.' Advise Ahmed on the constitutional law issues arising from his detention and the government's actions.

Critically evaluate the extent to which the UK's constitutional arrangements provide effective protection for the rule of law against executive overreach.

The Government faces a major economic crisis and decides emergency action is needed. Parliament passes the Economic Emergency Act 2024, which delegates to the Chancellor of the Exchequer 'all necessary powers to restore economic stability,' including power to make regulations 'having the force of law.' Using these powers, the Chancellor issues the Financial Recovery Regulations 2024, which: (1) retrospectively impose a 50% wealth tax on assets over £1 million held on 1 January 2024; (2) establish Economic Stability Tribunals with power to seize assets without court order where owners are deemed to be 'acting against national economic interests'; (3) prohibit any legal challenge to decisions made under the Regulations for five years. The Regulations also dismiss all current High Court and Court of Appeal judges, replacing them with 'Economic Justice Judges' appointed directly by the Chancellor. Millionaire businessman Robert and Supreme Court Justice Lady Williams both seek your advice on the constitutional validity of these measures. Consider the separation of powers and rule of law implications.

To what extent does the concept of separation of powers remain relevant to the modern UK constitution, given the realities of party government and executive dominance?