UK Constitutional and Administrative Law Assessment Answers

Question 1:

The Scottish Parliament intends to pass a new piece of legislation to improve gender balance on public boards. The law aims for at least 60% of non-executive members on these boards to be women. For proper application of this law, the Scottish Government plans to publish a guidance to help public bodies. The guidance provides that the definition of “woman” includes a person whose “acquired gender is female” under the UK’s Gender Recognition Act 2004.

Consider the constitutional issue(s) in the scenario below and advice Tulip:

Tulip recently underwent a gender reconstruction procedure and obtained a gender reconstruction certificate, legally acquiring a female gender. However, she has constantly been denied access to single-sex spaces at the Scotland Memorial Hospital, where she works. Tulip has come to you for advice. She wants to know the impact of the recent UK Supreme Court decision regarding the definition of “woman” on the proposed Scottish Parliament guidance and her discrimination at work.

Question 2:

A local authority, Asparagus City Council, has decided to allocate council housing in a recently completed block of flats, Broccoli Building. The Council stated in official documentation that they would make the decision on the basis of the following criteria:

(a) number of children/ dependents

(b) proximity to schools/ workplace and

(c) financial needs of the prospective tenant.

Advise the following parties:

NOTE: Please address ALL of the scenarios:

Fiona is a member of a religious group, the Haricots. They were refused accommodation on the basis that the Council felt that

Cathy had a meeting at the Council last year in which she was promised she would be allocated a flat in the new block, but her application was turned down. She turned down another accommodation offer as a result of this promise.

Davina has three young children all attending the school next to Broccoli Building. She is a single parent and cannot drive. Her job is also within walking distance. She recently discovered that one of the flats was allocated to a young professional without children, Erica. When asked, a member of the Council stated that Erica was allocated the property as the Council determined that she was more likely to be able to pay the rent on time.

Fiona is a member of a religious group, the Haricots. They were refused accommodation on the basis that the Council felt that members of this particular group would not socialise well with other tenants. On this basis, applications by any Haricots were automatically refused.

Things to include:

• Please use relevant cases, key legislation and secondary commentary to strengthen your arguments.
• Provide references/bibliography using OSCOLA referencing standard.
• Demonstrate awareness of current issues impacting on the UK constitution.
• This is not an essay, so APPLICATION is key.
• Follow the provided structure below: Remember to give advice.

Question 1 Constitutional Law – Suggested Structure

1. Introduction: Issue identification and stance.
2. Rule of Law, Application and Implication
3. Conclusion: Advise

Question 2 Administrative Law – Suggested Structure

➢ Introduction: Issue identification – Set out the relevant ground of review in the scenario (irrationality, illegality, etc.) and the specific aspects of the ground, e.g., bias.

➢ Rule of Law: Application/Implication: State the test (case citation needed) and apply to the facts of the scenario.

➢ Conclusion: Advise parties on possible remedy and likelihood of success