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Knowledge and Understanding
Ref A. Students should be able to:
K2 Explain and analyse the modern relevance of key constitutional doctrines and be able to debate such issues from a legal and ethical perspective
Cognitive Skills
Ref B. Students should be able to:
C1 Show an ability to begin to reflect critically and identify gaps in their knowledge and acquire new knowledge with feedback and guidance from tutors
C2 Show an ability to distinguish between different sources and assess their merits and relevance and arrive at a reasoned choice
Professional Skills and Attitudes
Ref C. Students should be able to:
P2 Analyse cases and statutes and derive appropriate conclusions concerning the state of the law and how it applies in the context of practical problems
General Transferable Skills
Ref D. Students should be able to:
T1 Communicate effectively.
Question
The coursework question is in three parts. You must ensure you address all three parts.
‘The Secretary of State must be free to give full weight to foreign policy considerations, which are not justiciable. However, that does not mean the whole process is immune from judicial scrutiny.
’ per Lord Phillips, R (on the application of Abbasi) & Another v Secretary of State for Foreign and Commonwealth Affairs & Secretary of State for the Home Department [2002] EWCA Civ 1598, at para 99
1. Explain the origins and nature of prerogative power as a source of UK constitutional law and practice (500 words);
2. Evaluate how the Court of Appeal in Abbasi balanced on the one hand foreign policy considerations and on the other hand the need to control discretionary power. Do you believe that they got the balance correct, and why do you take that view? (1,000 words).
3. Evaluate what the judgments of the Courts in Abbasi and other cases on the royal prerogative in foreign policy and defence demonstrate about the Courts’ approach to separation of powers. (1,000 words).
