Public Law I - Constitutional Law.

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Non-Assessed Course Work

Public Law I - Constitutional Law

Question

Assume the following facts. The Labour Government is committed to the creation of regional assemblies - a policy that is strongly opposed by the Conservative Party. A Lancashire Parliament is created by the enactment of The Lancashire Parliament Act 1999. Three years later, following a General Election, the Conservative Party is returned to power with a small majority of seats in the House of Commons over the combined opposition parties. The new Prime Minister wishes to secure the repeal of the Lancashire Parliament Act 1999. It appears that, in order to establish the Lancashire Parliament on a firm footing, the Labour Government had introduced a provision in the 1999 Act-section 13- in order to forestall the possibility of its repeal.

Advise the Conservative Prime Minister (who wishes to secure the immediate repeal of the Lancashire Parliament Act) on the basis that section 13 is set out in the following alternative terms:

1) "This Act of Parliament may never be repealed"

2) "This Act of Parliament may not be repealed for a period for at least ten years from the date of its entry into force."