Public law
: This auestion is COMPULSORY and MUST be answered
Explain the concept of the separation of powers and critically examine how far the separation of powers is adhered to in the British Constitution.
(100 marks)
Part B – You must answer TWO questions from this section
Question 2
Explain the present composition and role of the House of Lords and consider whether any further reform of the House is necessary.
(100 marks)
Question 3
Do parliamentary procedures (Debates, Parliamentary Question Time and Select Committees) provide adequate opportunities for the scrutiny of government policy?
(100 marks)
Question 4
PC Kane and PC Able are standing at the clock tower in Brighton at 3am when they observe Jasmine and Jason walking unsteadily along the road carrying a large bag between them. PC Kane and PC Able, believing the bag may contain stolen papers, approach Jasmine and Jason ask to see inside the bag.
Jasmine swings the bag at PC Kane, hitting him in the chest and shouts ‘You cannot look inside the bag as it contains confidential Law examination papers.’ PC Able wrenches the bag from Jasmine pushing her forcefully to the ground and kicking her in the ribs. Jasmine is arrested by PC Able for assaulting a police officer.
PC Kane askes Jason for his full name and Jason replies, Donald Duck. PC Kane doubts this is his real name and arrests him for obstructing a police officer. Both Jasmine and Jason are searched in the police car and taken to a police station.
At the station one of the officers recognises Jason as wanted in connection with local arson attacks. Jason is arrested for arson and Jasmine is released without charge. Jason asks to make a phone call and see a solicitor but his request is ignored. After being questioned for 4 days he confesses to setting fire to Mithras House. Discuss.
Page 2 of 3 LW161: Public Law (August 2021)
(100 marks)
Question 5
The Refuse Collection Act (fictitious) gives local councils power to make provision for collection and disposal of rubbish within their district. The Act states that councils must take into account environmental issues when making provisions for the disposal of rubbish.
In previous years, Hove Council has awarded the contract for the collection of business refuse to Recycle Ltd, a local company with an excellent recycling reputation. This year, Hove Council delegates the power to award the business refuse contract to Drake, their Estates Officer, who awards the contract to Disposal Ltd.
Caz, the director of Recycle Ltd, has discovered that Drake is a major shareholder of Disposal Ltd.
In April 2020 Hove Council, in an attempt to cut costs, decide to dump all domestic rubbish in the sea. Lucas, a Hove resident, contacts Greensite, a pressure group that campaigns on environmental issues. Lucas is a member of Greensite.
Advise Caz, and Greensite, on the procedure and grounds in their applications for judicial review.
(100 marks)
Question 6
Jeremy has decided to share some ‘adult fun’ photos with a group of friends who he recently met at a party organised by Eastbourne Swingers Club. Some of the photos were taken in the bondage room and show both naked women and men tied up in uncomfortable looking positions.
He sends some of the photos by email and some by post to all members of Eastbourne Swingers Club. He is proud of the photos believinn ed by the recipients – all of whom consented to be pho
