Main Coursework Questions – 2022-23

Part A (obligatory question)

1. “…we must look at more than simply legal norms to understand the constitution…”

Michael Gordon, ‘Parliamentary Sovereignty and the Political Constitution(s): From

Griffith to Brexit’, 30(1) King’s Law Journal (2019) 125.

Discuss this statement in light of the sources of Constitutional Law.

Part B (choose one question)

1. “Parliament can itself qualify its own sovereignty, as it did when it conferred on the
courts the power to make declarations of incompatibility with rights guaranteed by the
[European Convention on Human Rights], under section 4 of the Human Rights Act.”

Reference by the Attorney General and the Advocate General for Scotland – United
Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill [2021]
UKSC 42, para. 50 per Lord Reed.

Discuss this statement with references to sections 3 and 4 of the Human Rights Act
1998.

2. “…the phrase ‘the rule of law’ means different things to different people.”

John Tasioulas, ‘The Rule of Law’ in John Tasioulas (ed.), The Cambridge
Companion to the Philosophy of Law, p. 117.

Discuss this statement with references to relevant theories and case law.

3. The government has decided to start a new space program to send a crewed mission to
the Moon by 2030. In order to achieve its goal, a new piece of legislation – the
(fictional) Moon Act – has been passed by Parliament. The legislation established a
new government department called the British Aeronautics and Space Agency
(BASA) which is overseen by a new Secretary of State for Space Exploration.The Act
empowers the Secretary of State for Transport to appoint a suitably qualified company
to construct the spacecraft that will take the crew to the Moon.

Discuss the ministerial responsibility related issues that arise in the following three
fictional scenarios:

A. As the Moon Bill was making its way through Parliament, the Secretary of State
for Work and Pensions, Hend Jaddah, gave an interview to a reputable newspaper
in which she described the program as “a ridiculous waste of money and a way to
 distract public attention from more serious matters.” She also revealed that the
Prime Minister had expressed doubts about the program during a Cabinet meeting.

B. The Secretary of State for Transport, James Herodotou, has appointed a private
company called Rockets ‘R’ Us to construct the spacecraft. It has been revealed
that James received a substantial loan from the CEO of Rockets ‘R’ Us shortly
before it was appointed.

C. A television program on a reputable station has revealed that BASA is a deeply

corrupt institution with a culture of severe mismanagement. Many staff members
have reported incidents of bullying and intimidation by senior managers. Buzz
McMoon – the Secretary of State for Space Exploration – has blamed senior
management for the failures and argues that “I cannot be expected to know about
everything that goes on in my department.”