Highlights
Task:
QUESTION ONE
Explain the relationship between the Executive and the Legislature under the United Kingdom's model of separation of powers.
(AND/OR)
QUESTION TWO
A Parliamentary Commission has been set up to consider the future of prerogative powers. The various political parties represented in Parliament have very different views.
• The Orange party considers that the work of the Commission is a waste of time and resources since the prerogative powers of the Executive have become insignificant in the modern age. The Turquoise and Lilac parties disagree. • The Turquoise party insists that the Prime Minister should create new prerogative powers to enable Executive ministers to respond to cases of national emergency more effectively. The Prime Minister (and leader of the Turquoise party) certainly believes that he needs more prerogative powers and cannot see any problem with the Executive being able to obtain them. • The Lilac party, on the other hand, believes that all prerogative powers should be abolished. Their essential concern is that British courts insufficiently scrutinise and review the use of prerogative powers by the Executive, thus making the Executive too powerful.
What legal advice would you provide in response to the specific points raised by the Orange, Lilac and turquoise political parties? Advise by reference to the nature and justiciability of the prerogative powers of the Executive.
You must ensure that your analysis integrates relevant case law.
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