Public Law 2008 Zone A Paper

THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON

265 0020 ZA 269 0020 ZA 277 0102 ZA

DIPLOMA IN LAW LLB EXAMINATION for External Students

INTERMEDIATE EXAMINATION (Scheme A) FIRST AND SECOND YEAR EXAMINATIONS (Scheme B) GRADUATE ENTRY LEVEL I (Route A) GRADUATE ENTRY FIRST YEAR (Route B)

BSc DEGREES for External Students MANAGEMENT WITH LAW, LAW WITH MANAGEMENT, ACCOUNTING WITH LAW AND LAW WITH ACCOUNTING FOR STUDENTS IN THE EXTERNAL PROGRAMME

Public Law

Tuesday 27 May 2008 : 10.00 – 1.15 pm

Candidates will have fifteen minutes during which they may read the paper and make rough notes ONLY in their answer books. They then have the remaining THREE HOURS in which to answer the questions.

Candidates should answer FOUR of the following EIGHT questions.

Candidates should answer all parts of a question unless otherwise stated.

University of London 2008 UL08/941 Page 1 of 3

1.

‘The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based.’ (Lord Hope of Craighead in Jackson v Attorney General (2006)). Discuss.

2.

In what respects, if any, has A.V.Dicey’s exposition of parliamentary sovereignty become an anachronism?

3.

The Constitutional Renewal Bill 2008 provides, in part, that the powers relating to war, the disposition of the armed forces and the ratification of treaties should be transferred from the royal prerogative to Parliament. Critically assess this proposal with particular reference to the separation of powers.

4.

How does United Kingdom law achieve a ‘level playing field’ between rival candidates and political parties with respect to parliamentary election campaigns?

5.

‘The integration into the laws of each Member State of provisions which derive from the Community and more generally the terms and the spirit of the Treaty, make it impossible for the states, as a corollary, to accord precedence to a unilateral and subsequent measure over a legal system accepted by them on a basis of reciprocity.’ (Costa v ENEL (1964) European Court of Justice). Discuss with particular reference to the techniques adopted by the European Court of Justice to ensure the uniform application of Community law over domestic law.

6.

‘Provided that there is adequate legal regulation of special powers given to state agencies when the security of the state is under threat from terrorism, the limitation of citizen’s rights and freedoms is justified.’ Discuss with particular reference to statute and case law.

UL08/941 Page 2 of 3

7.

By reference to case law, discuss the status and effect of the European Convention on Human Rights in UK domestic law.

8.

Within the context of judicial review and with reference to case law, explain the legal definitions of (a) sufficient interest, and (b) public bodies.

END OF PAPER

UL08/941 Page 3 of 3