Public Law Essays

Constitutional Law

Sources of the Constitution

How does the UK Constitution change? Should a formal process be required to bring about changes to the constitution?

What is the role of Conventions in the UK Constitution?

If Parliamentary sovereignty exists, should we now think of it as a constitutional archaism and no longer as a defining feature of the British constitution?

Parliamentary Sovereignty

Should Parliament’s legal sovereignty be understood as a statutory rule, common law rule, or political fact?

Rule of Law

What is the Rule of Law?

Is the rule of law subordinate to parliamentary sovereignty?

How does the rule of law bear on judicial control of executive power?

Devolution

To what extent, if at all, would it be true to say that devolution has fundamentally altered the balance of powers within the constitution?

Separation of Powers

How radical was the Supreme Court judgment in the Miller prorogation case?

It is often said that no reputable constitutional lawyer would claim that the separation of powers is a feature of the UK constitution. Why is this claim made and is it correct?

HRA

What, if anything, does the Human Rights 1998 add to the protection of human rights? What would be lost by its repeal?

Sections 3 and 4 of the Human Rights Act 1998 provide different methods of protecting human rights. What are the strengths and weaknesses of each and is the relationship between them satisfactory?

Does Section 2 of the Human Rights Act 1998 enable the courts to go further than Strasbourg jurisprudence?

Administrative Law

Legitimate Expectations

How does and how should the law of legitimate expectations function?

Substantive review

Is Wednesbury still alive and well in cases not involving human rights claims? Should it be?

How have the courts used the concepts of irrelevant consideration and improper purpose in judicial review cases?

Jurisidiction

Is the English law on judicial review for errors of law and errors of fact satisfactory? How might it be reformed?

Public Law