Public Law - Practice Paper 3

The UK needs a written constitution to protect fundamental rights and ensure constitutional stability. Critically evaluate this proposition, considering the advantages and disadvantages of the current uncodified constitution and the experience of other common law jurisdictions with written constitutions.

The Government proposes the Constitutional Integrity Bill which would: (a) remove the power of courts to make declarations of incompatibility under section 4 HRA 1998; (b) abolish the Judicial Appointments Commission and return appointment of senior judges to the Lord Chancellor; (c) require a supermajority of 4-1 in the Supreme Court to find any government action unlawful. Senior judges, the Law Society, and a cross-party group of MPs oppose the Bill. Advise on the constitutional issues raised by each provision and whether there are any legal or constitutional limits on Parliament's ability to enact such legislation.

The Secretary of State for the Environment exercises powers under the Environment Act 2021 to designate a large area of privately-owned countryside as a Special Conservation Zone, prohibiting all development and restricting farming activities. The landowners, who collectively own 5,000 acres, are offered no compensation. The decision was taken based on a report by government scientists, but the landowners' own expert evidence was not considered. An environmental pressure group, Save Our Wildlife, provided the only representations considered. Advise the landowners on all available grounds for challenging the designation, including any claims under the ECHR.

Judicial independence is the bedrock of the rule of law, yet judges are unelected and unaccountable. How does the UK constitutional framework resolve this tension? Consider the Constitutional Reform Act 2005, the appointments process, and the relationship between the judiciary, Parliament, and the executive in light of recent controversies.

Parliament passes the Emergency Powers (Pandemic) Act 2024 granting the Health Secretary power to: (i) close any business premises indefinitely; (ii) restrict travel between regions; (iii) impose fines of up to £50,000 for non-compliance without judicial process; (iv) Henry VIII clause allowing amendment of any primary legislation by regulation. The Act contains a sunset clause of 2 years. Multiple businesses, civil liberties groups, and individuals wish to mount a comprehensive constitutional challenge. Advise on all possible grounds, drawing on principles of parliamentary sovereignty, the rule of law, proportionality, and the HRA 1998.