QUESTION ONE
In 1976 Lord Hailsham described the fusion of the House of Commons and the Executive as an ‘Elective Dictatorship’.
Explain the makeup and functions of the House of Commons and critically evaluate whether the UK really does have an elective dictatorship.
QUESTION TWO
“The duty of national courts is to keep pace with the Strasbourg jurisprudence as it evolves over time: no more, but certainly no less.”
(Lord Bingham, R (Special Adjudicator) ex Parte Ullah [2004] UKHL
Explain what Lord Bingham meant about the Human Rights Act 1998 by this and critically assess with relation to case law whether this is really the case.
QUESTION THREE
Mary Goldberg is 87 years old and lives in Silverbirch care home. She has been living there for the last 5 years and has been assured by the local authority, both when she moved to the care home and throughout her stay, that this would be her home for life. The local authority have now announced they will close the care home and move all of the care workers there to another facility 20 miles away. The Care Workers Union is incensed as they have always been consulted about changes to their working conditions in the past and they have not been consulted about these changes.
The neighbouring local authority (Tollfield) are watching this situation closely as the previous administration had made promises that all care home residents in their area will also have a ‘home for life’.
Advise both Maria, the Care Workers Union and Tollfield whether about any possible remedies / liability in administrative lawThe word limit for this assessment is 4500 which you may distribute between the 3 questions at your discretion.
