‘The Secretary of State must be free to give full weight to foreign policy considerations,
which are not justiciable. However, that does not mean the whole process is immune
from judicial scrutiny.’

1. Explain the origins and nature of prerogative power as a source of UK
constitutional law and practice (500 words);
2. Evaluate how the Court of Appeal in Abbasi balanced on the one hand foreign
policy considerations and on the other hand the need to control discretionary
power. Do you believe that they got the balance correct, and why do you take
that view? (1,000 words).
3. Evaluate what the judgments of the Courts in Abbasi and other cases on the
royal prerogative in foreign policy and defence demonstrate about the Courts’
approach to separation of powers. (1,000 words).