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Question: Explain the concept of parliamentary supremacy how it became such an important principle of the UK constitution.

What limitations are there to Parliament’s legislative authority? Mark 80%

Answer: Lord Bingham’s account of parliamentary supremacy in Jackson v Attorney General [2005] remains an accurate description of the British constitution: parliamentary legislation is the supreme source of law in the UK. This...


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Details: - Mark: 80% | Course: Public Law | Year: 1st | Words: 1144 | References: No | Date written: November, 2016 | Date submitted: April 19, 2017 | Coursework ID: 1019

Question: SOAS Public Law Coursework II 2010-11

You are required to give an opinion as to whether both the situations set out below would be amenable for a judicial review but you are not required to discuss the grounds of review.

(i) Val was a single mother with two children who was granted a tenancy in a two bed roomed maisonette owned by Singleton Council pursuant to the council’s duty to rehouse under the Homeless and Housing Act (fictional). After eighteen months the property was transferred to Hometrust, an independent housing association, set up by the council. Shortly afterwards, Val had a dispute with one of her neighbours which resulted in a heated exchange of words and a slamming of doors. This was reported and she was subject to a disciplinary procedure organised by Hometrust. Without being given the benefit of legal representation or a hearing she was found guilty and informed by Hometrust that her tenancy agreement would be terminated in six months time. This would mean that Val would be made homeless.

Advise Val whether she would be able use the judicial review procedure to argue that her rights under Article 6 and Article 8 of the ECHR have been breached.


(ii) Under the Ancient Monuments Act (fictitious) the Secretary of State has the power to list for preservation purposes important remains of archaeological or of historical interest. While digging the foundations of a new building for Globe Developments in the centre of Barchester, Ron discovers several well preserved pieces of Roman glass. The find is reported in the local and national TV, radio and press. Despite the growing interest in the find the Secretary of State has decided without giving any reasons not to list the site and Globe Developments will soon lay concrete foundations which would mean that the site would not be further excavated by archaeologists and preserved. Bill and Sachin are keen amateur archaeologists who live two hundred miles away in London. To further the wider preservation of antiquity they have set up the Roman Antiquities Foundation as a charity to promote the excavation and study of Roman remains.

Advise both the Roman Antiquities Foundation and Bill and Sachin as individuals whether they would be in a position to challenge the decision of the Secretary of State
under the judicial review procedure.


Note that this is not a question on the substantive grounds of review.

Both parts of the answer should not exceed 1200 words. Relevant case law must be referred to. The work should be referenced with footnotes and word processed in font size 12. The hand in deadline is Wednesday 2 March 2011.

Answer: JR is not available to private bodies as their rights and duties only arise from contract. Assuming that Val has exhausted all other remedies the issue that she faces is whether Hometrust...


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Details: - Mark: 78% | Course: Public Law | Year: 2nd/3rd | Words: 1493 | References: Yes | Date written: February, 2011 | Date submitted: April 30, 2011 | Coursework ID: 682

Question: “ The important question… is not whether the UK adheres to a pure conception of the separation of powers… but whether its institutions of government are organized in such a way as to guard satisfactorily against the abuse of power”

Discuss the separation of powers in the UK constitution and consider whether the UK system is adequately designed to guard against the abuse of power.

Answer: This essay will look to examine the extent to which, there is an appropriate system to check and balance power in the UK to prevent excessive concentration of power and to which...


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Details: - Mark: 75% | Course: Public Law | Year: 2nd/3rd | Words: 1495 | References: Yes | Date written: January, 2014 | Date submitted: February 18, 2015 | Coursework ID: 904

Question: SOAS Public Law 2013, Year 2, Grade: 72%

You are required to give an opinion as to whether the situations set out below would be amenable for a judicial review but you are not required to discuss the grounds of judicial review.

(i) Jessica was detained by the UK Border Agency (UKBA) under the immigration rules pending further investigation of her case, with the prospect of deportation unless she establishes her right to remain in the UK. After two days UKBA arrange for her transfer from UKBA’s detention facility to Riverside Grange which is a secure unit owned and operated by a private company called Group Seven. The company run the facility under a contract drawn up with UKBA but Riverside Grange is only used for individuals referred to it by UKBA. Jessica is involved in a protest against her continued detention during which considerable damage to property was caused. As a result she faces a disciplinary procedure to be conducted by the managing director of Riverside Grange. This procedure could also lead to her immediate deportation but she has been refused a full oral hearing and denied access to legal representation.

(ii) Under the Ancient Monuments Act (fictitious) the Secretary of State has the power to list for preservation purposes important remains of archaeological or of historical interest. While digging the foundations of a new building for Globe Developments in the centre of Richester, one of the workers discovers several well preserved pieces of Anglo-Saxon jewellery and many pieces of masonry from what is identified as an ancient abbey. The discovery is reported in the local and national TV, radio and press. Despite the growing interest in the finds the Secretary of State has decided without giving any reasons not to list the site and Globe Developments will soon lay concrete foundations which would mean that the site would not be further excavated by archaeologists. Claudine and Sarah are keen amateur archaeologists who live two hundred miles away near Salisbury. In 1996 they set up the Anglo-Saxon Society as a registered charity promoting the archaeological study of the Anglo-Saxon period. The Society has 150 members, most of whom live in South East England, including several professors and two bishops with an interest in this period in history.

Advise as to whether (a) Jessica and (b) the Anglo-Saxon Society would be in a position to seek a judicial review?

Note that this is not a question on the substantive grounds of review.
Your answer should not exceed 1200 words. It must draw upon relevant case law and should be referenced with footnotes. The work must be submitted electronically by 4 March 2013.

Answer: (i) Jessica is likely to be in a position to seek judicial review with an action against Group Seven, provided that the action is taken within the three-month time limit and that...


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Details: - Mark: 72% | Course: Public Law | Year: 2nd/3rd | Words: 1199 | References: Yes | Date written: March, 2013 | Date submitted: April 17, 2014 | Coursework ID: 860

Question: The British Constitution
‘Since 1997, with the various constitutional reforms undertaken by the previous labour administration, the question of whether the UK needs to adopt itself a codified constitution is no longer a live issue.’ Discuss.

Answer: A constitution is described by Colin Munro as “The body of rules and arrangements concerning the government of the country.” Britain is often referred to as having an unwritten constitution, as there...


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Details: - Mark: 72% | Course: Public Law | Year: 1st | Words: 1119 | References: No | Date written: Not available | Date submitted: December 19, 2013 | Coursework ID: 809

Question: As De Keyser's case shows, the courts will enquire into whether a particular prerogative power exists or not, and, if it does exist, into its extent. But once the existence and the extent of a power are established to the satisfaction of the court, the court cannot enquire into the propriety of its exercise.

(Lord Fraser in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374)

Discuss.

Answer: The royal prerogative is the remains of royal power. Munro describes it as: those attributes peculiar to the Crown which are derived from common law, not statute, and which still survive. ....


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Details: - Mark: 71% | Course: Public Law | Year: 1st | Words: 1367 | References: No | Date written: Not available | Date submitted: January 27, 2013 | Coursework ID: 771

Question: The regular introduction of public order legislation and the inexorable increase in police powers over the last fifteen years means that all public protest has potentially become criminal activity. Discuss.

Answer: This essay is intended to discuss that whilst there is credence to the statement that due to current legislation all public protest has potentially become criminal activity and that it is solely...


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Details: - Mark: 71% | Course: Public Law | Year: 2nd/3rd | Words: 3004 | References: Yes | Date written: February, 2008 | Date submitted: April 05, 2011 | Coursework ID: 663

Question: 'Successive British governments have maintained that human rights are already adequately protected by law in the United Kingdom. You have to look long and hard before you can detect any difference between the English common law and the principles set out in the Convention.' Assess the accuracy of this claim.

Answer: The Human Rights Act 1998 is undoubtedly one of only a handful of truly significant pieces of legislation that the UK has seen in the last 800 years. Professor Keith Ewing says...


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Details: - Mark: 70% | Course: Public Law | Year: 2nd/3rd | Words: 3691 | References: No | Date written: Not available | Date submitted: October 21, 2008 | Coursework ID: 164

Question: Evaluate the extent to which the United Kingdom Parliament is sovereign. Consider both legal and political factors.

Answer: Before exploring the extent to which our Parliament is sovereign, one must first understand what Parliamentary sovereignty means. When describing Parliament as sovereign, it means it holds the supreme power – the...


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Details: - Mark: 68% | Course: Public Law | Year: 2nd/3rd | Words: 1884 | References: Yes | Date written: Not available | Date submitted: October 21, 2008 | Coursework ID: 178

Question: The doctrine of Parliamentary Sovereignty continues to hold sway over the rule of law as the overriding principle of the British constitution.

Critically discuss this statement.

Answer: The rule of law is a vital component of a good constitution, since it is concerned above all with keeping governmental power under control. However, a key issue facing commentators on the...


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Details: - Mark: 67% | Course: Public Law | Year: 1st | Words: 2004 | References: No | Date written: March, 2013 | Date submitted: January 30, 2016 | Coursework ID: 967


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