Public Law - 2024 Paper 2

The Human Rights Act 1998 represents a compromise between parliamentary sovereignty and rights protection. Critically assess the effectiveness of the HRA 1998 in protecting fundamental rights, with particular reference to the interpretive obligation under section 3 and the declaration of incompatibility under section 4.

The Government passes the Digital Surveillance Act 2024 which grants the Security Services broad powers to intercept all electronic communications without a warrant. Section 15 of the Act states: "No court shall question the validity of any interception authorised under this Act." Clara, a journalist, discovers her communications have been intercepted and wishes to challenge this. She argues the Act violates her rights under Articles 8 and 10 ECHR. Advise Clara on her prospects of successfully challenging the interception and the ouster clause.

The Local Council decides to close three community libraries to cut costs. The decision is taken at an emergency meeting called at 24 hours' notice. No consultation with library users took place. David, a regular library user, and the Friends of the Library group seek judicial review. The Council argues it acted within its statutory discretion under the Public Libraries Act 1964. Advise David and the Friends of the Library on the available grounds for judicial review and likely remedies.

Critically evaluate the role and effectiveness of constitutional conventions in the UK constitution. Should conventions be codified into law? Discuss with reference to specific examples including the Salisbury Convention and the Sewel Convention.

To what extent does the royal prerogative remain a significant source of executive power in the UK? Discuss with reference to the judicial control of prerogative powers and recent constitutional developments.