GDL Public Law - Paper 1

Critically evaluate the doctrine of parliamentary sovereignty as expounded by Dicey. Consider whether parliamentary sovereignty remains the fundamental rule of the UK constitution in light of EU membership (and Brexit), the Human Rights Act 1998, devolution, and the rule of law. Discuss the views of those who argue sovereignty has been modified and those who maintain it remains absolute.

The Secretary of State for Health issues a statutory instrument under the Public Health Act (fictional) imposing mandatory vaccination requirements for all healthcare workers. Dr Adams, a GP, refuses vaccination on religious grounds and is suspended from practice. A campaign group, HealthFreedom, seeks judicial review of the statutory instrument, arguing it is ultra vires the parent Act, which authorises the Secretary of State to take "reasonable steps to protect public health." HealthFreedom also argues the measure violates Articles 8 and 9 ECHR. The Secretary of State argues the decision is non-justiciable as it involves matters of public health policy. Advise HealthFreedom and Dr Adams on the prospects of judicial review.

Critically assess the grounds of judicial review in English administrative law. Evaluate whether the traditional Wednesbury unreasonableness test remains adequate or whether proportionality should replace it as the general standard of review. Discuss the role of the rule of law in justifying judicial review and the constitutional concerns about judicial overreach.

A local council passes a bylaw prohibiting all public protests within 500 metres of schools during school hours, citing concerns about child safety and disruption. A teachers' union, EduVoice, plans a lawful protest outside the council offices, which happens to be 400 metres from a primary school. The police, relying on the bylaw, prevent the protest and arrest three union members who refuse to disperse. EduVoice argues the bylaw violates Articles 10 and 11 ECHR. The council argues it acted within its statutory powers to protect children. One of the arrested members, Farida, is held in police custody for 12 hours before being released without charge. Advise EduVoice and Farida on their legal rights.

Evaluate the role and effectiveness of the Human Rights Act 1998 in protecting fundamental rights in the UK. Consider the mechanisms of ss.3, 4, and 6, the debate between the 'mirror' and 'dialogue' models of HRA interpretation, and whether the Act has struck the correct balance between parliamentary sovereignty and rights protection. Discuss proposals for reform including the possibility of a British Bill of Rights.