Public Law - 2024 Paper 1

Critically evaluate the doctrine of parliamentary sovereignty in the United Kingdom. To what extent has membership of the European Union and the enactment of the Human Rights Act 1998 undermined Dicey's traditional formulation of this doctrine? Consider whether parliamentary sovereignty remains the cornerstone of the UK constitution.

The Government introduces the Public Safety Bill which proposes to grant the Home Secretary power to detain suspected terrorists for up to 90 days without charge and to exclude judicial review of such detention decisions. The Bill is passed by the House of Commons but rejected by the House of Lords. The Government intends to invoke the Parliament Acts to pass the Bill without Lords' consent. Angela, a civil liberties campaigner, wishes to challenge both the detention provisions and the use of the Parliament Acts. Advise Angela on the constitutional issues arising and the likely success of any challenge.

The rule of law is a fundamental constitutional principle but its meaning remains contested. Discuss the various conceptions of the rule of law with reference to Dicey, Raz, and Lord Bingham, and assess the extent to which the UK constitution upholds this principle in practice.

The Minister for Education issues a directive requiring all state schools to teach a new mandatory curriculum on British Values. The directive is issued without any prior consultation with teachers' unions or parents' groups, and without any statutory authority. Headteacher Brian refuses to implement the directive at his school and is threatened with dismissal. The parents' association at Brian's school also objects to the content of the curriculum. Advise Brian and the parents' association on the grounds on which they might seek judicial review of the Minister's directive, with particular reference to illegality, procedural impropriety, and irrationality.

Analyse the doctrine of separation of powers in the UK constitution. How effectively does the Constitutional Reform Act 2005 address concerns about the overlapping of judicial and legislative functions? Consider whether further reforms are necessary.