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Public Law

Question: Where does ultimate power lie in the UK constitution?

Answer: Most European nations have written constitutions; a single document which can be referred to in isolation. Unusually for a major western democracy, the UK has no such document. The rules on who makes the law, how the relationship between the principle organs of state is regulated and their functions, are contained in a variety of sources i.e. Statutes, the common law, and conventions. An unwrit......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ACCESS HINDERED! A critical examination of ‘Standing’ in the field of Judicial Review.

Answer: A principle of English law is that every citizen has a basic right to unimpeded access to the courts which, even in our unwritten constitution, must rank as a constitutional right. It seems odd then, that locus standi requirements are so arbitrarily applied. It is difficult to argue a right to access when the ability to argue a case is contingent upon obtaining a judges permission from the outse......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Discuss the extent to which the omnipotence or sovereignty of Parliament\'s power to legislate is reigned in by practicality.

Answer: In Britain, the Monarch had been sovereign before the 17th and 18th century but it was passed to Parliament who took the right of name of Parliamentary sovereignty and deposed of Monarch. There are two views on the foundation of Parliamentary supremacy, first,1688 revolution that was decisive political act establishing the Parliamentary basis of the constitution. Alternative view is that Parliamen......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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: The constitution of the United Kingdom is different to that of the majority of democratic sovereign nations in that it is un-written/codified and convention and common law whilst always secondary to statute have their place in defining the rules and regulations of British society. For example a breach of the peace is a common law crime dating back to time immemorial (certainly before 1980). There......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Describe the features of the UK Constitution and discuss whether its uniqueness in Europe should necessarily lead to the approval of a written Constitution.

Answer: In this essay will emphasise the characterisation of the United Kingdom’s constitution position in Europe as ‘unique’. The sole purpose for having a written constitution in the UK is for protection of citizens’ rights and depth of State power. However, in United Kingdom, makes it even more complicated due to devolution of constitution. Before discussing further in this essay, the present c......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘Any proposal for the reform of the composition of the House of Lords ought logically to begin by asking what it is we expect the House of Lords to do and to tailor composition to function.’

Discuss, giving an account of the existing forms of public business conducted by the House of Lords.

Answer: The upper house of the United Kingdom, its “revising and leisured legislature ”, is an unelected, democratically unaccountable institution. The origins of the House of Lords can be traced back to the eleventh century. The original purpose of having two chambers at Westminster was to allow for representation of different interests within the country. Until 1999 the composition of the Upper Hous......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Outline and evaluate the tort of defamation.

Answer: Defamation is an infringement imposed on the freedom of speech, which seeks to protect the rights of people’s privacy and reputation. Defamatory statements are presumed untrue and have been defined by Lord Winfield in Sin v Stretch as “the publication of statement which tends to lower a person in the estimation of right thinking members of the society… ”. There are two types of defamatio......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘If the separation of powers was a reality in the British constitution, governmental and judicial arrangements would require major modification.’

Discuss.

Answer: The doctrine of Separation of Powers is fundamental to the constitution of most modern states. This doctrine states that, in order to prevent despotism or absolutism, power should not be concentrated in any one body or person. This doctrine is consistent with a constitutional arrangement which allows for three discrete bodies, with rigid separation of functions and personnel. Whilst the fact t......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Judicial Review is concerned not with the decision but with the decision making process. Explain and evaluate this statement.

Answer: Judicial Review (JR) is a core element of administrative and public law. It is not available for private law disputes. JR is purely a judicial creation that was created by the courts themselves to control the activities of the government or local bodies through the application of flexible principles developed by the court e.g. the principle of reasonableness and fairness through case law. They ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CASE STUDY. At approximately 1pm on the 3rd March 2006, Mr Morgan was addressing a crowd of about 3,000 people at a public meeting, amongst whom were two hundred young persons, positioned together immediately in front of the speaker\'s platform.......Advise Mr Morgan regarding his potential liability (if any) under the Public Order Act 1986 and also advise whether or not he has committed a breach of the peace. Mr Morgan also wishes you to advise him regarding any action he might have against the police under the Human Rights Act 1998.

Answer: To advise Mr Morgan the following law must be considered, breach of the peace, Public Order Act 1986 and Human Rights Act 1998. Breach of the peace was defined in R v Howell , “there could be no breach of the peace unless an act was done or threatened to be done which actually harmed a person or, in his presence, his property or was likely to cause such harm or which put someone in fear of su......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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