20 May Constitutional Law
Con&Pol Coursework 2017-18
Please read carefully the important information relating to your assignment:
Some questions require longer answers than others.
| Question | Word limit |
| Question a (on the separation of powers)– | 300 |
| Question b (on prerogative powers) | 600 |
| Question c (on the sovereignty of the Westminster Parliament) | 300 |
| Question d (on the Human Rights Act 1998) | 800 |
The overall word limit for the assignment is 2000 words. Do not exceed this word limit of 2000, not even by one word, as strict penalties may apply.
Submission Deadline 19 February 2018
Assignment Question – Answer a) b) c) and d)
The UK has been engaged in a long and protracted war in Easteros in which many people have died. TV images from the conflict are dire. As the conflict drags on, and with no end in sight, public opinion is now turning against the war. Spontaneous protests have erupted in many British cities. Universities, in particular, have become a hub of anti-war agitation.
The Government is concerned that the conflict is politically damaging but their military generals are telling them that victory is near. The Government is very keen to redouble its war effort so as to bring an end to the conflict in Easteros as promptly as possible.
Your legal advice is sought on the following:
a- The Government asks whether the separation of powers makes it necessary for the Prime Minister to continue to answer embarrassing questions in Parliament. The fear is that the bad publicity generated is undermining the morale of the troops.
Advise the Government in no more than 300 words. AND
b- The Government uses its prerogative powers to ban all family relatives of nationals from Easteros from serving in the armed forces. The reasons for the ban is that it should guarantee the loyalty of the armed forces. The Government does not intend to consult Parliament on this.
Advise the Government on whether this use of prerogative powers will be amenable to judicial review or controlled through other constitutional means. Answer in no more than 600 words
AND
The Prime Minister also feels that excessive student protests are “talking the Country down and undermining the morale of the troops”. The Government introduces a Bill which is enacted by Parliament as the (fictitious) ‘Support Our Boys’ Act 2017 (‘the SOB Act’).
c- Section 10 of the SOB Act provides that any European national arrested in an anti-war demonstration must be immediately deported. This is in clear conflict with European Union Law.
Advise with respect to the doctrine of Parliamentary sovereignty in more than 300 words
AND
d- Section 20 the SOB Act provides that “all overt forms of anti-war political activism and advertising within University campuses is prohibited”. Nadia has been putting up posters advocating the end of the war. The posters depict various images of civilians suffering. Nadia is arrested by the police as she is putting up a series of posters in front of a large lecture theatre. Nadia is soon charged under the SOB Act.
“Advise Nadia on whether there has been a breach of any of her human rights, and whether she has any remedy under the Human Rights Act 1998” in no more than 800 words
Do not exceed this word count.
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