Great Public Law Assignment Sample 2022

Great Public Law Assignment Sample 2022

Question A. ( Public Law Assignment Sample

While reviewing this case study, it has been determined that Sophia has received correct and
rational advice from his friend.

As to why there is no point to sue the executive Government due
to its use of prerogative powers. At the same time, British citizens are no longer able to sue the

government for breaching the law Brexit till the time new laws are undertaken on the board
(Serbin, 2018).http://Great Public Law Assignment Sample 2022

However, the executive government can be sued in court under The European

Court of Justice’s 1991 Francovich rulings. According to this, the executive government can be

challenged with respect to various concerns and also be claimed in a matter of environment.

This is also supported by UK lawyers for suing the government in the high court for making

some changes that are not required from the environmental perspective in respect to air

pollutions. In regards to this, lawyers approached courts and seek improvements in plans for the

environmental betterment; however, it got rejected by the court. Therefore, it can be sated that

the government can be challenged when it comes to environment protection with suggestions to

make it better. However, the suggested recommendations must be technically sound and
appropriate from both perspective public and climate perspective.

At the same time, it is more or
less related to the human concern against the degrading of the environment and in order to
protect them (Mello, 2017).http://Great Public Law Assignment Sample 2022

On the other part, it is also the reasonability of the court and local
administrative authorities to stand in support of volunteers like Sophie. Apart from that, she can

argue in court for resolving the concerns in the implementation of environmental development

Also, she can demand the cost allocation to those programs and expenditure to date.
Hence, UK citizens are able to take charge and to present their concerns in court.

Assessment 4
However, it can be said that controversial trade deal agreement is confusing aspect in the context
of the environmental aspect.

In this, it is found that controversial trade deal agreement will lead
to increase in the business activities in the country and improve the economic power of the

A controversial trade deal agreement between the two nation increases business deals in
the between the particular countries.

It invites the more foreign companies to enter in the
domestic market and conduct the business activities.

However, the increase in the business
activities and manufacturing activities will increase carbon emission in the environment that is

harmful for the sustainability of the environment (Na’aman, 2016).http://Great Public Law Assignment Sample 2022

Moreover, it is also analyzed
that it is a negative aspect of the controversial trade deal agreement.

According Mello (2017), a common man is allowed to challenge the decision of the government
in the court.

This kind of the behavior come under the fundamental right of the people if the

person and group of the persons think that decision of the government is not valid and it has the
negative impact on their rights.

But, in this, it is first important that person should ensure that for
why it is challenging the government.

It means that reason of the challenging the government
should be genuine.

Otherwise, the person can face difficulty by the decision of the court.

But, in the seventeenth-century, it is determined that there is not right to a person to challenge
the progressive power.

It means that the UK government does not allow the person to challenge
their government.

Hence, it is determined that prerogative power has not feature that allows to
any to raise the question on the government.

It is because the government works on the basis of
the principle for the aim of welfare of every person in the society.

However, the concept of
challenging the government decision has risen latter.

At the same time, the law for the protection
of the human rights ensures that a person has right challenge the government decision if it is

Assessment 5
harmful for the society. Hence, the trade agreement is really complicated situation for the
government (Poole, 2010).http://Great Public Law Assignment Sample 2022

As concerning of the human right, it can be said that sue against the government action in the

case of trade agreement, the court will analyze whether the nature and subject of the case is faire
and not.

There is possibility that the government will concern on the issue of Sophie because
there is not person welfare of Sophie.

Beside of this, it is thinking of the sustainability of the
environment that is major concerning in the current business environment. Hence, there is

chance that the subjective of the case against the government can be subjective.

Question B.
As per the case study, Sophie is the convinced girl as a member of the public will have to change
the ways of living if the planet is for standing a chance.

Moreover, Sophie is aware of the aircraft
as it releases a lot of carbon emission and this release of carbon emission includes several terrible

consequences in respect of the environment.

In this way, Sophie adopted several of ways to
aware the passengers and other people.

It adopted the way of berating the passengers who are
traveling by terminal g at Heathrow Airport.

At this place, she shouts ‘Do not fly’, ‘Stop being so
selfish’ and ‘Stop destroying the planet’.

Apart from this, she sometimes tries to manage to hang

the big banner in which a message of ending the aviation industry is written and this act has been
done by her inside the Terminal 5 building.

One day, the British transport police were on duty of patrolling at the airport and Sophie was
protesting by managing the banner.

At this time, an officer arrests Sophie on the basis of public
order legislation and he also destroys her banner (Heifer, 2017).http://Great Public Law Assignment Sample 2022

In this concern, there is a need

Assessment 6
to considered whether the police might have violated Sophie’s freedom of expression. S

o the
discussion is as defined below:
Consider whether the police might have violated Sophie’s freedom of expression.

You are not
required to look into specific public order legislation
While concerns the freedom of expression or free speech,

it is determined that under Article 10

of the Human Rights Act 1998, there is right to “freedom of expression” to everyone in the UK.

This is the fundamental right that has been set out for freedom and it is entitled by everyone in
the UK.

However, the court has been cleared that this freedom law may be the subject to the

formalities, different condition, several kinds of restrictions, as well as penalties that are

interpreted by law and these, are also necessary under the democratic society (Totient, 2017).http://Great Public Law Assignment Sample 2022

addition to above, it is declared that earlier defined restrictions may be for the restriction of

disorder or crime, in the interest of national security, for the safety of health as well as the

morals, in respect of to protect the reputation as well as rights of other people, for the territorial

as well as public safety, in respect of preventing the disclosure of the important information that

is received in confidence and for impartiality of the judiciary and maintaining the authority etc.
(Cole, 2017).http://Great Public Law Assignment Sample 2022

Thus, it can be mentioned that the policeman did not violate Sophie’s freedom of expression

apart from this, Sophie was disturbing the general public by berating the passenger and shouting

different slogans at the public areas that are illegal in the UK and there are the proper rule and

laws for these kinds of offensive acts that have been done by Sophie (Vickers, 2016).http://Great Public Law Assignment Sample 2022

Sophie was protesting against the carbon emission released from the aircraft but her way of

Assessment 7
protesting was not legal and ethical so it can be mentioned that police did not do anything that
might have violated Sophie’s freedom of speech or expression.

Defined the police have a defense under section 6(2) of the Human Rights Act 1998 if an Act

of Parliament allowed them to “take all actions needed to guarantee the wellbeing of

In the above-defined case, it is clearly mentioned that Sophie was berated the passengers and
shouted slogans such as ‘Don’t fly!

Stop being so selfish! Stop destroying the planet that hinders
the passengers very much.

So, it is clearly mentioned in section 6 (2) of the Human Rights Act
1998 that is for the public authority (McLean, 2017).http://Great Public Law Assignment Sample 2022

In which mentioned that under the Human
Rights Act, two types of public authority defined.

One is core public authorities like local
authority as well as police officers should act by the way that is compatible along with the

Convention rights until one of section 6 (2) exemption applicable.

At the same time, the second
public authority is the hybrid public authority that contains some functions related to public

nature under section 6 (3).

In addition to this, if the act of parliament provides the authority to the public authority to “carry

out the important actions which are required for maintaining the wellbeing of the passengers,

then in the above situation in which police officer arrested Sophie that was not wrong because it

was done for the wellbeing of the passenger who was traveling through terminal 5 at Heathrow
Airport (Cowell, 2017).http://Great Public Law Assignment Sample 2022

At this time, if Sophie sues on the public officer on the basis of her
Human Rights according to the Human Rights Act 1998, then the police officer has a defense as

per the under section 6 (2) of the Human Rights Acts 1998.http://Great Public Law Assignment Sample 2022 With the help of this act, public

Assessment 8
police can prove that they are innocent and Sophie is the culprit who breaks the rule of publicly
protesting by hindering the general public (Newlands, 2017).http://Great Public Law Assignment Sample 2022

Question C
While discussing the parliament, it is determined that parliament sovereignty is defined as the
principle of the UK constitution.

In this way, this makes the parliament as the supreme legal
authority under the UK that can develop or end any law (Strong, 2018).http://Great Public Law Assignment Sample 2022

Usually, the legislation
cannot be overruled by the courts and there is no parliament that can pass laws which the future

parliaments do not have the authority to be changed In this manner, the parliament sovereignty is
defined as the most important part in relation to the UK constitutions.

In regards to the UK’s
laws, some people define that country has an “unwritten constitution” but it is not completely

true. Whereas, the constitution of the UK may not exist within a single text same as the

constitution of the USA and Germany but at the same time, it is determined that its major part is

written down and much of it under the laws passed within the Parliament identified as the statute
law (Russell et al. 2016).http://Great Public Law Assignment Sample 2022

In other words, parliament sovereignty within the UK is defined as the
concept which has long been debated.

Thus, the constitution of UL is often defined as ‘Partly
written and wholly uncodified’.

In addition to this, over the past years, there are several laws that

have been passed by the parliament which laws usually limit the implication of parliamentary

In a similar manner, these different laws represent the political developments at

both places such as within the UK and outside the UK. In these laws, the Human Rights Acts

1998, the UK’s entry to the European Union in 1973, the decision for establishing a UK Supreme

Court in 2009 that ends the House of Lords functions like the final court of appeal in the UK.

Assessment 9
Thus, on the basis of this, it can be mentioned that Parliament has the authority to pass the
legislation can be changed by the future parliament.

In this concern, the court’s judges are also
included in these kinds of decisions of the parliament so that an effective decisions can be made.

Assessment 10

Cole, M. (2017). Education, equality and human rights: issues of gender,’race’, sexuality,
disability and social class.

UK: Routledge.
Cowell, F. (2017). Defining and understanding the case against the Human Rights Act.
In Critically Examining the Case Against the 1998 Human Rights Act (pp. 3-31). UK:

Heifer, L. R. (2017). Over legalizing human rights: International relations theory and the
Commonwealth Caribbean backlash against human rights regimes. In International Law
and Society (pp. 125-204). UK: Routledge.

McLean, J. (2017). Legislative invalidation, human rights protection and s 4 of the New Zealand
Bill of Rights Act. In Bills of Rights (pp. 237-264). UK: Routledge.
Mello, P. A. (2017). Curbing the royal prerogative to use military force: The British House of

Commons and the conflicts in Libya and Syria. West European Politics, 40(1), 80-100.
Mello, P. A. (2017). Curbing the royal prerogative to use military force: The British House of

Commons and the conflicts in Libya and Syria. West European Politics, 40(1), 80-100.
Na’aman, N. (2016). A Violation of Royal Prerogative: The Shebna Prophecy (Isaiah 22.15–19)
in Context. Journal for the Study of the Old Testament, 40(4), 451-465.

Newlands, G. (2017). Christ and human rights: The transformative engagement. UK: Routledge.
Poole, T. (2010). United Kingdom: the royal prerogative. International journal of constitutional
law, 8(1), 146-155.

Assessment 11
Russell, M., Grover, D., & Wolter, K. (2016). Does the Executive dominate the Westminster
legislative process?: six reasons for doubt. Parliamentary Affairs, 69(2), 286-308.

Serbin, M. (2018). Stemming the tide of illiberalism? Legal mobilization and adversarial
legalism in Central and Eastern Europe. Communist and Post-Communist Studies, 51(3),

Strong, J. (2018). The war powers of the British parliament: What has been established and what
remains unclear?. The British Journal of Politics and International Relations, 20(1), 19-

Totient, M. (2017). New forms of judicial review and the persistence of rights-and democracy-
based worries. In Bills of Rights (pp. 265-290). UK: Routledge.
Vickers, L. (2016). Religious freedom, religious discrimination and the workplace. Bloomsbury

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