LSE: Public Law: Constitutional Exam Paper

The Government introduces the Emergency Powers Act 2024, which grants the Home Secretary power to detain any individual for up to 28 days without charge if they are suspected of 'activities prejudicial to national security'. The Act states that 'no court shall have jurisdiction to review decisions made under this Act'. Sarah, a journalist investigating government surveillance programmes, is detained under these powers. Her detention order was signed by a junior civil servant in the Home Secretary's absence. Advise Sarah on the constitutional principles that may assist her in challenging her detention.

"The UK's unwritten constitution provides flexibility but at the cost of legal certainty and effective protection of constitutional principles." Critically evaluate this statement with reference to recent constitutional developments.

Parliament passes the Judicial Reform Act 2024, which: (1) requires all judges to retire at age 65; (2) transfers responsibility for judicial appointments from the Judicial Appointments Commission to the Lord Chancellor; and (3) permits the Lord Chancellor to dismiss judges for 'failure to maintain public confidence in the judiciary'. Lord Justice Williams, aged 67, challenges his forced retirement. District Judge Patel, recently appointed by the JAC but before the Act's commencement, faces dismissal after making comments critical of government immigration policy. Advise both judges on the constitutional principles relevant to their challenges.

"Parliamentary sovereignty remains the fundamental principle of the UK constitution, but its practical operation has been fundamentally transformed by membership of international legal orders and the devolution of power." Discuss with reference to relevant case law and constitutional theory.