Choose two of the four questions below.
Each answer should be around 1,500 words. The total word limit is 3,000.
1. With reference to legal sources, critically discuss this definition of parliamentary supremacy by A.V Dicey: “The principle of Parliamentary sovereignty means neither more nor less than this, namely that Parliament thus defined (King, Lords, Commons) has the right to make or unmake any law whatever; no.1 and, further, that no person or body is recognised by the law of England as having a right to overrule or set aside the legislation of Parliament” (Law of the Constitution, 1885, pp. 39–40).
2. With reference to legal sources, critically consider to what extent the individual right to freedom of assembly is respected by the UK’s public order legislation as well as other types of legislation.
3. Samantha and Idris are members of the Campaign against Climate Change, the CCC. They organise a protest through Meadowhall village to demonstrate against climate change, starting at the cemetery. They give advance notice to the police who impose a condition that the protest should stay near the cemetery and not go to the Meadowhall village square.
On the day, the protest sets off from the cemetery but Samantha quickly decides to go to the village square, so that the protest will attract attention. The police arrive and find the protesters on the way to the village square. The first response of PC Smith is to direct the protesters back to the cemetery. All the protesters except Samantha go back to the cemetery who refuses to go back. Instead she begins shouting about the concerns the CCC have about climate change and tries to hand out leaflets to members of the public. Then, she sits down on the floor in front of the village council house. Samantha is then arrested for makingnoise, and breach of the peace.
Meanwhile, Idris and the rest of the protesters return to the cemetery where they march quietly down the road holding their banners up high. They meet a group of three large 4 x 4 cars displaying signs demanding cheaper petrol and the abolition of speeding restrictions. When they see the CCC protesters, the three 4 x 4 drivers, led by Joshua, get out of their vehicles and start shouting at the protesters and threatening them with spanners. PC Hand arrives and arrests Idris for breach of the peace. Idris demands the right of peaceful assembly on the highway. Joshua drives away in his 4 x 4.
Discuss the liability of Samantha, Idris and Joshua for any public order offences. Discuss the lawfulness of the police’s arrests.
4. Under the (imaginary) Ice Ring Act 2007, after meaningful consultation with the local sports, business and other appropriate organisations, a Local Authority may grant a licence to build a new ice ring.
The Iced Blades Company have applied to the local authority, the A Borough Council (ABC) for a license to build a new ice ring and the local authority granted it. The licence permits the Iced Blades Company to open a large ice ring, with a bar serving alcohol, which may be open 24-hours a day. The site is next to a small community hospital, Easy-Pain.
The Easy-Pain hospital now objects, due to the noise, especially from international ice hockey competitions and late-night drinkers, and constant traffic this new ice ringwill cause. Easy-Pain patients tend to be very elderly and incredibly ill. The hospital is worried about the impact the disruption upon patients caused by the building of the ice ring and the hospital fears it will be so disturbing it could be detrimental to patients’ health. The hospital also claimsit was not consulted, was not given prior notice, and that the local authority, ABC, have ignored all protests – including requests to appeal the decision – and given no reasons for the decision. The hospital has also discovered that the Chairman of the ABC Committee which approved the permission is the owner of a local iced hockey shop and has actively lobbied for the license to be granted saying it will help local businesses.
With reference to legal authorities, advise the Easy-Pain hospital as to whether it may have any GROUNDS for a Judicial Review of the Council’s decision. Do not discussthe procedure for judicial review.
The coursework should be typed on a white background on A4 Page Layout in 12-point font.
A bibliography should be included at the end and does not count towards the word count.
Cases must be cited correctly, using the OSCOLA referencing style, but the full citation may be contained in footnotes.
Coursework which fails to state the word count or states the word count incorrectly will be penalised by the deduction of 2%.
Text above 10% of the word count (i.e. above 3,300) will not be graded.
