Public law
Answer TWO of the following FIVE questions.
In Jackson v. Attorney General, Lord Hope stated, “The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based.”Discuss.
“The reality is that law making is more an exercise in brute executive power and political necessity than one of debate and persuasion.” (M. Elliot and R.Thomas, 2014). Discuss.
“In the face of concerns about national security, and the scramble to adopt robust counter-terrorism legislation, the Human Rights Act has proven to be a mere paper tiger and has provided little or no protection for fundamental rights.” Discuss.
“Cases like R v. A (No.2) (Complainant’s Sexual History) (2002) and Ghaidan v. Godin-Mendoza (2004) clearly illustrate that the Human Rights Act 1998 does not strike an appropriate balance between judicial power and parliamentary sovereignty.”Discuss.
“The British constitution does not adequately protect the right to protest.”
Discuss.