Durham BA: Constitutional Law Paper

The government introduces the Public Order (Emergency Powers) Bill 2024, which grants the Home Secretary an unappealable power to ban any public assembly deemed a 'threat to national cohesion'. The Bill also contains a clause stating: 'No court shall review any decision made under this Act.' Aisha, a journalist, is arrested while attending a lawful protest after the Home Secretary invokes this power. She seeks judicial review. Advise Aisha on the constitutional validity of both the ouster clause and the ban, with reference to the rule of law, parliamentary sovereignty, and access to justice.

Northumbria County Council passes a resolution authorising its Chief Executive to enter into procurement contracts worth up to £50 million without further council approval, in order to 'expedite infrastructure delivery'. Croft Ltd is awarded a £48 million contract by the Chief Executive. A local taxpayer, Margaret, challenges the validity of the contract, arguing that the delegation was unlawful and that the decision-making process was procedurally improper. The Council argues the contract is valid under its general powers. Advise Margaret on the grounds available for judicial review and the likely remedies.

The Prime Minister, acting without prior parliamentary approval or debate, exercises the royal prerogative to ratify an international treaty that commits the United Kingdom to significantly alter its trade tariff regime. Parliament later passes a motion (not an Act) expressing disapproval. A trade association, BritExport, seeks judicial review of the ratification decision, arguing it is unlawful without parliamentary authorisation. The Attorney General argues the prerogative is unreviewable. Advise BritExport on the justiciability of the claim and the constitutional principles at stake, including the constitutional significance of any parliamentary motion.

Critically evaluate the extent to which the doctrine of parliamentary sovereignty remains the 'cornerstone' of the UK constitution, in light of constitutional developments including the Human Rights Act 1998, devolution, and the common law constitutional rights tradition.

To what extent does the principle of the rule of law serve as an effective constitutional constraint on executive power in the United Kingdom? Discuss with reference to both its formal and substantive conceptions and the role of judicial review.