WS 2

Question 1

AV Dicey, Rule of Law

Answer 1

An Introduction to the Study of the Law of the Constitution (1885):

• Legal Certainty
• Equality before the law
• Courts as protectors of liberty

Question 2

Brown v Board of Education of Topeka (1954)

Answer 2

the Supreme Court outlawed segregated schools in a landmark decision that gave rise to the civil rights movement.

Question 3

European (Withdrawal) Act 2018

Answer 3

Example of delegated legislation which gives Parliament limited time to scrutinise laws from the executive

Question 4

Coronavirus Act 2020

Answer 4

Example of a Henry VIII clause, allowing secondary legislation to amend Acts of Parliament

Question 5

R (Miller) v The Prime Minister [2019]

Answer 5

the Supreme Court
stated that such parliamentary accountability was a fundamental principle of
the UK constitution.

Question 6

Constitutional Reform and Governance Act 2010

Answer 6

Parliament can prevent the Government from ratifying a treaty (limiting royal prerogative)

Question 7

M v Home Office [1994]

Answer 7

• Home Secretary sent an immigrant back to their country without a proper hearing in court.
• Judge ordered for him to be brought back to the country for a proper hearing
  (Cabinet minister infringed on judicial function which was not allowed)

Question 8

CCSU v Minister for Civil Service

Answer 8

Court ruled that prerogative powers were capable of being judicially reviews, except where the power was not ‘justiciable’, including:

• Areas of high politics
• National security and defence of the realm

Question 9

R v Secretary of State for Exiting the European Union [2017]

Answer 9

Confirmed that the prerogative power to make international treaties is not subject to judicial review, because of:

• reluctance to politicise judiciary
• belief that accountability of executive is best secured through electorate
• executive deemed to have greater technical knowledge

Question 10

Burmah Oil Company v Lord Advocate [1965]

Answer 10

• Example of Parliament overturning common law
• court awarded compensation for losses in WWII
• Parliament passed War Damage Act 1965 from fear of a flood of similar claims

Question 11

R (Miller) v Secretary of State for Exiting the European Union [2017]

Answer 11

Example of a breach of the convention that politicians should not criticise members or decisions of the judiciary

Question 12

R v R [1991]

Answer 12

• Man raped his wife
• Whilst this was legal, judiciary decided this was so abhorrent, they would go against the law set by parliament
• Created new law through common law

Question 13

R (Jackson) v A.G [2005]

Answer 13

Obiter comments from House of Lords suggested that judiciary would be prepared to strike down legislation which infringed the rule of law.