I Constitutional Conventions

1. They are important binding rules with a constitutional behaviour.

2. Yes.

3. As constitutional conventions are already binding and has a constitutional behaviour,

they should not be given statutory force.

4. Mr Mambo should resign from his post as he was unable to keep his disagreement

confidential. He has not publicly support the policy as he has expressed his

disagreement to the journalists.

II Supremacy of Parliament

1. It means that Parliament is legally unlimited, that is, it can make any law and the

courts must go by and apply the Act of Parliament.

2. Hgrdr

3. Since 30 December 2020 after 11pm, the United Kingdom (UK) was no longer

part of EU and was not bound by the decisions made by the European Court Of

Justice. Thus, it has no effect neither on the judiciary nor on the legislature.

4. Dfgh

III Separation of Powers

1. Legislature- Parliament who make and unmake laws.

Executive- Government who execute the laws made by the Parliament.

Judiciary- Courts and tribunals interpret and apply laws made by Parliament.

2. The Lord Chancellor is appointed by the Monarch on the advice of the Prime Minister

and is a senior member of the Cabinet. The Lord Chancellor previously acted as

Speaker in the House of Lords. He was the head of the judiciary and the senior judge
 of the House of Lords. However, under the Constitutional Reform Act 2005, the Lord

Chancellor was no longer the Speaker of the Lords. Also, the Lord Chief Justice is

now the Head of the Judiciary and not the Lord Chancellor.

3. Parliament and executive are the most powerful parts of the state and they can

override the judgment of the court. There is an overlap where members of the

executive are also members of Parliament. Given that the majority in the parliament

belongs to the governing party, if the Cabinet has agreed a proposed legislation, it will

be enacted by the Parliament, thus showing an overlap. There is no strict separation of

powers in UK.

IV Rule of Law

1. It means that nobody is above the law and each individual must obey and submit to

the law.

2. The views of Dicey are as follows;

No arbitrary law – A person can be punished only when he had breached the law

established in the ordinary manner before the national courts. He equated

discretionary powers with arbitrariness and saying that government based on the

exercise by the persons in authority of discretionary powers of constraint is against

the rule of law.

In my opinion, to eliminate discretionary powers is not possible and undesirable.

There should be proper balance between the discretion and rule of law as both of them

are crucial.

Equality before the law- No man is above the law. The government, public officers

and ordinary citizens are subject to the same law. However, there are some exceptions

which Dicey has underestimated the way each person has a unique set of rights and

responsibilities such as the Members of the Parliament have Parliamentary privilege.

 Constitution comes from ordinary law- Rights and freedom of people are safeguarded

by the common law and not by Bills. If we continue to go by Dicey’s approach, the

effectiveness of the declarations of rights such as the European Convention of Human

Rights (ECHR) would be misunderstood.

3. The public officials and bodies must be aware that the law can be enforced against

them. They should also know that they can rely on the law rather than being

dependent on the whim of public officials.

There are laws that can protect citizens.

V Judicial Review

1. It is the examination of the legality of decision-making.

2.

3. The grounds are

Illegality- when a decision-maker exercises a power wrongly.

Irrationality- a decision that is unreasonable.

Procedural Improper-failure to go by statutory procedures.

Breach of legitimate expectation- when a public body has failed to act in line with an

expectation that it has created by its own statements or acts.

4.