Public law help!?Watch
I went to a revision seminar with my lecturer on Monday and he gave guidance on the exam and for one question said if we could answer this, we should be fine for one of the exam questions
"An Act of Parliament gives the Home Secretary power to double any judicial sentence involving a sexual offence committed against a child. The Government had included the proposal in its election manifesto and believes it to be very popular with the electorate.
Why might such an Act be regarded as unconstitutional?
Is there any judicial process under which such an Act might be challenged? Who might bring a challenge?
Who do you think should have the last word on issues like this – Parliament or the courts?"
Any help on this?
My lecturer said it relates to the applicability of the HRA to primary and secondary legislation..
Does this relate to s3, interpreting legislation, and declaring legislation incompatible with human rights under s4 through parliamentary sovereignty?
Also could someone explain the difference between primary and secondary legislation? My lecturer confused me when he explained it