LSE: Public Law Paper

The Home Secretary issues a ministerial direction under the Immigration Act 1971 instructing border officials to detain all asylum seekers arriving by small boat for a minimum of 72 hours without access to legal advice, citing national security concerns. Amir, a Syrian national, is detained under this policy. He applies for judicial review, arguing the direction is unlawful. The government contends the matter is non-justiciable on national security grounds. Advise Amir, addressing the grounds of judicial review available, the justiciability of the direction, and whether the Human Rights Act 1998 is engaged. [25 marks]

Parliament enacts the Public Order (Emergency Powers) Act 2024, which confers on the Secretary of State an unlimited power to 'make such regulations as she sees fit to preserve public order during an emergency', with a clause stating 'no court shall question the validity of any regulations made under this Act'. The Secretary of State uses this power to ban all public protests in London for six months. Liberty, a pressure group, seeks judicial review of both the regulation and the ouster clause. Advise Liberty on the legality of the ouster clause and the regulation, with reference to constitutional principles including parliamentary sovereignty, the rule of law, and the protection of fundamental rights. [25 marks]

The Prime Minister, relying on prerogative power, prorogues Parliament for five weeks at a critical juncture in Brexit negotiations, stating the purpose is to allow a new legislative programme to be prepared. A cross-party group of MPs, led by Gina Miller, brings proceedings in the Supreme Court challenging the prorogation. The government argues: (i) the exercise of prerogative power is non-justiciable; and (ii) even if justiciable, the court should not intervene in a matter of high political controversy. Advise the claimants on whether prorogation is justiciable and, if so, whether it was lawful. [25 marks]

"The Human Rights Act 1998 has fundamentally altered the UK constitution by creating a new form of higher-order law, yet it falls short of entrenching rights in the manner of a codified constitution." Critically evaluate this claim with reference to judicial decisions and constitutional theory. [25 marks]

"The doctrine of parliamentary sovereignty is no longer absolute: the courts have begun to recognise constitutional limits on Parliament's power." Critically assess this statement with reference to case law, constitutional theory, and the role of the judiciary in the UK constitution. [25 marks]