LX1032: Public law- Law Assignment Help

Question 1:

Consider the following facts and picture, and answer the question below:

An anonymous letter written by a British woman at the end of the 19th century asked the Parliament to apply to women the same protection given to dogs – just after a husband killed his disobedient wife with his own hands, and was not legally charged for the crime.

A Brazilian student accused of communism in 1968 was found on the floor of a military prison sleeping in his own blood and bodily fluids and with injuries caused by torture. His lawyer, a conservative and religious citizen, asked the Supreme Court to apply the Statute of Animal Rights to his client.

In 21st century, a lawyer challenged the military commander in charge of prisoners in a military facility in Guantanamo Bay by asking if any of the United States of America, the Cuban, or the Spanish constitution would apply to his client. After an answer in the negative, he asked if the U.S. military base was following the environmental legislation – and therefore protecting a particular species of reptile on the island that was threatened with extinction.

What is more important for the constitutional order: to follow the Rule of Law or to respect Human Rights? Is it possible to guarantee the former, without protecting the latter?

Question 2:

In R (Jackson) v Attorney General Lord Hope said this: ‘The rule of law enforced by the courts is the ultimate controlling factor upon which our constitution is based . . . the courts have a part to play in defining the limits of Parliamentary sovereignty.’

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