Constitutional Law Assessment: Questions and Analysis

Question 1: The Cherry/Miller decision and the royal prerogative powers

Assessment

Answer two questions from the list of questions below (Q1-Q6). Each question carries equal weight. The overall word limit for this assessment is 3,000 words (excluding footnotes and bibliography).

1. “The Cherry/Miller decision, while undoubtedly politically controversial, was not constitutionally radical. It strengthens and clarifies, rather than alters or develops, the constitution.”

Discuss with regard to the royal prerogative powers.

2. “Judicial review ensures that the executive arm of government keeps to the law and that individual rights are protected.”

Assess the accuracy of this statement by reference to relevant statute, case law and proposals for reform.

3. Answer either

a. With reference to relevant statute, case law and academic writing, assess whether the doctrine of Parliamentary Sovereignty as illustrated by Dicey can still be considered accurate today.

or

b. “Not very long ago, the British system was one of Parliamentary supremacy pure and simple…In its present state of evolution the British system may be said to stand at an intermediate state between parliamentary supremacy and constitutional supremacy.”

Do you agree with this statement? Your answer should refer to relevant statute, case law and academic writing.

4. “The Human Rights Act 1998 marks a significant constitutional change in relation to citizens’ awareness about rights, and their protection by judges.” Discuss.

5. “Only in a country where the rule of law means more than formal, legal validity will individuals enjoy real protection from official tyranny and abuse.”

Discuss this statement with reference to the operation of the rule of law in the UK constitution and competing theories on the rule of law.

6. “The move from rationality to proportionality…would appear to have potentially profound and far reaching consequences because it would involve the courts considering the merits of the decision at issue.”

In light of this statement, discuss the UK courts’ approach to proportionality as a ground for judicial review.