Course Title FOUNDATION DEGREE ARTS, LAW

MODULE Name Public Law and Human Rights

MODULE Reference LAW_506

Year of Course 2018-2019

Date of Exam

Time of Exam

Total Time for Exam 3 Hours

ADDITIONAL INFORMATION

This is a SEEN exam

Answer three questions only from the following questions. This paper is divided into two
sections. You MUST attempt at least ONE question from Section A and ONE question from
Section B. Then you can choose a question from either Section A or section B.

Full reasoning must be shown in answers - a yes or no answer will earn no marks.

Authorities and decided cases should be cited where appropriate.

All questions carry equal marks

INSTRUCTIONS TO INVIGILATORS AND STUDENTS

All students are to be issued with an answer book and extra paper if required

Student may use an unmarked copy of Blackstone’s statutes on Public Law and Human
Rights 2018-19

Normal exam conditions apply to the conduct of this assessment.

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The invigilator will remind students about the regulations governing this assessment
Students may not leave during the first 45 minutes or the final 30 minutes.

Section A

1. Professor King has argued that the UK “has never had a defining constitutional
moment”. Discuss why this may be so.

2. What are the arguments for and against the claim that there is no separation of
powers within the UK constitution

3. “Ministerial responsibility is a slippery concept.” (Peter Riddell, The Times, April 2,

2004). Explain this statement and assess the status of the doctrine of ministerial
responsibility in the British constitution.

4. A written constitution would be a great improvement to the British system of

government. Discuss.

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 Section B

5. Constitutional Conventions

The government is planning to develop green field sites across the South of England in
order to manage a housing crisis and stimulate growth of the economy. The matter is
included in the Queen’s speech. The Cabinet is torn by a very public row about the
plans. In a radio interview, the Environment Minister Bradley Pitt, declares that the
plans are ‘ridiculous’ and says that his colleagues are making a ‘big mistake’.

So he is put under great pressure from colleagues to resign, but he refuses to do so.
Several days later, a scandal breaks out when an interview is published with a young
woman who claims she had an affair with Mr Pitt when she was a student on work
experience in his constituency office. The media calls for his resignation but he refuses.
The plans for development go ahead but within weeks, it is clear that the costs will be
£5 million more than originally thought. The plans drawn up by the Department for
Housing contain serious irregularities. During question time, the opposition call for the
resignation of the Housing Minister but he refuses.

A political storm follows over the next few weeks and many MPs demand that a vote of
no confidence is held. The vote takes place and the government loses by two votes. The
Prime Minister declares that there will be no election.

Advise Mr Pitt as to whether he should resign from the Government and the potential
consequences of the Government losing a vote of confidence.

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6. Human Rights

Meg is a Romany gypsy and a single parent with five children, all of school age. Five years
ago she bought one hectare of agricultural land (“the Site”) near the town of Cornbrash. In
the following year she occupied it with her caravan.
Cornbrash District Council (“the Council”) served Meg with an enforcement notice requiring
her to leave the Site within 30 days and to restore it to its original condition. Meg then
applied for planning permission to station a residential caravan on the Site which the
Council has refused.

In response, Meg applied for planning permission for a house on the Site which the Council
also refused. The Council argued that there were sufficient official sites for travellers within
its administrative area, but Meg has said that those sites were unfit for human habitation as
they were situated on former rubbish tips or old sewage beds.
The Council then commenced injunction proceedings against Meg who thereupon applied
to be rehoused as homeless. She has remained on the site arguing that the accommodation
the Council offered her was unsatisfactory and that her children have been denied the
opportunity of a proper education. The Council has offered to admit Meg’s children to any
school within its control. The family is threatened with forcible removal and Meg faces the
possibility of imprisonment for contempt of court.
Meg wishes to take her case to the European Court of Human Rights (“the Court”) on the
grounds that her human rights have been infringed.

Advise Meg how the Court is likely to determine her application

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6. Parliamentary Supremacy

Costal Tides is a south coast seaside resort represented in Parliament by the patriotic
conservative Gandalf Jones. At his constituency surgery, Gandalf sees Bob Brown,
owner of Taxis Cabs, the taxis company which relies heavily for its income on the
executives who visit the seaside conference centres which are essential to Costal Tides’
economy. Having recently invested over £150,000 in a new fleet of luxury cars, Bob is
angry to hear of an impending EU Regulation imposing a 1000cc maximum on engines
in taxis as part of a policy of reducing emissions by public transport on environmental
grounds. Faced with either selling his new fleet at a loss or paying for a costly engine
conversion for each car, Bob is determined to fight and is looking to his MP for support.

The following week, at Prime Minister’s questions, Gandalf confronts the PM (Prime
Minister) and asks him to ignore the Regulation. In response he is told that the UK, as a
member of the EU, is obliged to implement EU provisions whatever the reservations of
individual MPs, although the position would have been slightly different had this been a
Directive rather than a Regulation. Gandalf is far from satisfied by this answer and
accuses the PM of cowardice. Sir Gandalf then says, “This is the British Parliament and
we are supreme.”

Advise Gandalf as to whether the UK Parliament (under the concept of

Parliamentary Sovereignty) is bound to follow EU Regulations. Would your answer
differ if it were a Directive instead of a Regulation?

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