GDL Public Law - Paper 2

The Minister for Housing issues guidance to local planning authorities instructing them to refuse planning permission for any development on green belt land, regardless of local circumstances. GreenBuild Ltd, a housing developer, applies for planning permission to build affordable housing on a green belt site in an area with severe housing shortage. The local authority refuses permission citing the Minister's guidance without considering the specific merits of GreenBuild's application. GreenBuild seeks judicial review, arguing the Minister's guidance is unlawful and the local authority's decision was flawed. Advise GreenBuild on the grounds and prospects of judicial review.

Critically evaluate the constitutional significance of the rule of law in the United Kingdom. Discuss Dicey's formulation and its modern reinterpretation by Lord Bingham. Consider the rule of law as a constraint on government power, the relationship between the rule of law and parliamentary sovereignty, and the extent to which the courts have invoked the rule of law to review executive and legislative action.

Parliament passes the National Security Act 2025 (fictional), which grants the Home Secretary power to detain without trial any person suspected of involvement in terrorism for up to 90 days. Section 15 of the Act states: "No court shall have jurisdiction to question any decision of the Home Secretary under this Act." Hassan, a British citizen, is detained for 60 days under the Act without being charged or given reasons. His lawyer is denied access for the first 14 days. Advise Hassan on challenges he may bring under the HRA 1998 and at common law, and consider whether the ouster clause in s.15 is effective.

Critically evaluate the doctrine of legitimate expectations in administrative law. Discuss the distinction between procedural and substantive legitimate expectations, the development from GCHQ through R v North and East Devon Health Authority, ex parte Coughlan (2001) to the current position. Consider whether substantive legitimate expectations adequately protect individuals who rely on government promises, and the constitutional concerns about judicial enforcement of such expectations.

The Immigration Board (a fictional public body) adopts a new policy requiring all asylum applicants to submit biometric data within 7 days of application or face automatic rejection. The policy is announced on the Board's website with immediate effect and no transitional provisions. Applicant Layla, who has already submitted her application, is unable to attend a biometric appointment within 7 days due to illness and her application is rejected. Applicant Marco, who does not speak English and has no internet access, is unaware of the new policy and his application is also rejected. A legal charity, RefugeeAid, argues the policy is procedurally unfair and discriminatory. Advise Layla, Marco, and RefugeeAid.