LW110-4-FY

UNIVERSITY OF ESSEX LL.B 1st Year Qualifying Examinations, 2014 _____________________________________________________________________ PUBLIC LAW I _____________________________________________________________________ Time allowed: 3 hours Candidates are NOT permitted to take any materials into the examination room and none will be provided by the School of Law. The paper consists of NINE questions. Candidates must answer FOUR questions. Please do not leave your seat unless you are given permission by an Invigilator. Do not communicate in any way with any other candidate in the examination room. Do not open the question paper until told to do so. All answers must be written in the answer book(s) provided. All rough work must be written in the answer book(s) provided. A line should be drawn through any rough work to indicate to the examiner that it is not part of the work to be marked. At the end of the examination, remain seated until your answer book(s) have been collected and you have been told you may leave.

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LW110-4-FY

1. In the modern British constitution, what is the relationship between the constitutional

principles of parliamentary supremacy and the rule of law? 2. Does the House of Lords play an important role in Britain’s parliamentary democracy?

3. By what methods is the executive held to account in the British constitution? Assess whether these methods are effective.

4. What are prerogative powers? Are their continued existence and use compatible with the rule

of law in a modern democracy?

5. With reference to decided cases, compare and contrast the protection the common law offered, and continues to offer, human rights, to that provided by the Human Rights Act 1998.

6. Provide a critical assessment of the Human Rights Act 1998’s contribution to the UK’s constitutional arrangements.

7. “So we must accept the fact that for better or worse judges do make law.” Lord Reid, “The

Judge as Law Maker” (1972). What if anything distinguishes judicial law making from law making in Parliament; and what justifies judicial law making? You may, but are not required to, make reference to examples from jurisdictions beyond the United Kingdom in your answer.

8. “Both the composition of (in terms of at least gender balance) and method of appointment to, the UK Supreme Court are problematic”. Discuss.

9. Assess, from a constitutional law perspective, the Scottish National Party’s proposals for Scottish independence. You may focus on one particular aspect of the proposals.

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