Discuss “The distinction between legality and merits in the context of judicial review is unsustainable”.

Constitutional Law

Questions to be answer

“Despite the lack of a written constitution or entrenchment of fundamental rights, UK courts are able to offer a robust guarantee of the rule of law”.
Discuss with reference to at least one key case decided in the last ten years.

Include cases/refer to those cases
R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant) [2017] UKSC 5
R (on the application of Miller) (Appellant) v The Prime Minister (Respondent)[2019] UKSC 41

Strictly – 500 words excluding footnotes, use OSCOLA

“The distinction between legality and merits in the context of judicial review is unsustainable”.
Discuss with reference to relevant cases.

Include cases:
The Queen (On the Application of Campaign Against Arms Trade and others v The Secretary of State for International Trade (2019) Court of Appeal
GCHQ case – Council of Civil Service Unions v Minister for the Civil Service
R v Inspectorate of Pollution and another, ex parte Greenpeace Ltd (No2) (1994) 4 All ER 329

Strictly – 500 words excluding footnotes, use OSCOLA

“The Police, Crime, Sentencing and Courts Bill poses an unprecedented and unacceptable threat to the right to protest”.
Discuss.

Strictly – 500 words excluding footnotes, use OSCOLA

Discuss “The distinction between legality and merits in the context of judicial review is unsustainable”.

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