Public Law: Discuss the merits, demerits, and general feasibility of this idea

Answer ONE of the following questions.

  1. Following the judgment in R (Miller) v The Prime Minister [2019] UKSC 41, several observers strongly suggested that there was an urgent need for the United Kingdom to adopt a new “written” constitution.

Discuss the merits, demerits, and general feasibility of this idea.

 All answers will marked out of 100 marks

Section B – 50% of total marks

Answer ONE of the following questions.

  1. The Secretary of State for Transport has been given new powers under the (fictitious) Highway Development Act 2019 to build new motorways in the UK where this is deemed necessary. The aim of the Act is to reduce traffic congestion, and to make it easier to travel between different parts of the UK. Due to the urgency of solving the UK’s growing congestion problem, the Act contains a clause introducing a four-week time limit on any action to challenge any use of powers under the Act.

Using the powers given by the Act, the Secretary of State has authorised the construction of a new motorway between Portsmouth and London, so to ease congestion in both areas. The proposed motorway will be built over the South Downs National Park, an area that is an important tourist attraction, and is renowned for its outstanding natural beauty.

Ainsley is the director of the South Downs Wildlife Society, a group that focuses on raising awareness of the needs of native animals in the South Downs National Park. He is concerned that if the plans to build the motorway go ahead, the habitats of animals living in the area will be threatened.

Ernestine lives in close proximity to where the proposed motorway would be built. She is worried that the motorway’s construction would result in increased levels of noise and be generally disruptive to her everyday life.

Cribb is a renowned anti-government activist who lives in Manchester, and regularly attempts to challenge the decisions of actions of public authorities on the basis that he believes all governmental power is illegitimate. He had never heard of the South Downs National Park until he recently read about it in a newspaper. 

Advise Ainsley, Ernestine, and Cribb as to whether they will be able to overcome the procedural hurdles to bring a case in judicial review.

2500 word limit