GDL Public Law - Paper 3

The separation of powers in the UK constitution is a political reality rather than a legal doctrine. Critically evaluate this statement. Consider the relationship between the executive, legislature, and judiciary, the impact of the Constitutional Reform Act 2005, the role of judicial independence, and whether recent developments including the prorogation case (R (Miller) v Prime Minister (2019)) demonstrate an effective separation of powers or reveal its limitations.

The government introduces the Digital Communications Bill (fictional), which would require internet service providers to block access to websites deemed by the Home Secretary to contain "harmful content," without prior judicial authorisation. The Bill also grants the Home Secretary power to require social media platforms to remove content within 2 hours of notification or face fines of up to £50 million. A coalition of digital rights organisations, online publishers, and ISPs challenges the Bill, arguing it violates Articles 10, 8, and 13 ECHR. The government argues the measures are necessary to combat online harms and protect children. Assuming the Bill is enacted, advise the coalition on the HRA compatibility of these provisions.

Critically assess the constitutional significance of devolution in the United Kingdom. Evaluate the asymmetric nature of devolution, the Sewel Convention and its legal status after R (Miller) v Secretary of State (2017), the impact of Brexit on devolved competences, and the tension between devolution and parliamentary sovereignty. Consider whether devolution has created a quasi-federal structure and its implications for the future of the Union.

A council-run care home, Sunnydale, announces its closure due to budget cuts. 30 elderly residents, some with dementia, face relocation. The council conducted a 4-week public consultation which was criticised as inadequate. Resident Agnes, 89, has lived at Sunnydale for 15 years and was promised by a former councillor that she would have a "home for life." The local Clinical Commissioning Group, which funds some residents' care, was not consulted at all. The council's equality impact assessment was completed after the decision was made. A relatives' group, SaveSunnydale, seeks judicial review. Advise SaveSunnydale on all available grounds of challenge.

Critically evaluate the accountability mechanisms for the executive in the UK constitution. Consider parliamentary mechanisms (ministerial responsibility, select committees, questions), legal mechanisms (judicial review, ombudsman), and political mechanisms (elections, media scrutiny). Assess whether these mechanisms provide effective accountability in practice and whether reforms are needed to address the perceived dominance of the executive over Parliament.