AG v Guardian Newspapers (No 2) [1990] 1 AC 109 . . . . . . . . . . . . . 121, 122,

This question calls for a consideration of the rule of law as it applies within our constitutional law today. Refer to the work of Professor A V Dicey Law of the Constitution (1885) and a critique thereof by Professor I Jennings Law and the Constitution (1959). Your answer should demonstrate that issues of ‘national

security’ permeate a wide range of areas. In the area of freedom of association use may be made of the Public Order Act 1936, the Prevention of Terrorism (Temporary Provisions) Act 1989 together with the cases of McEldowney v Forde (1971) and DPP v Whelan (1975), Army Act 1955, Police Act 1964 and the case of Council of Civil Service Unions v Minister for the Civil Service (1985). In the area of freedom of assembly, use may be made of the Public Order Act 1986, as amended by the Criminal Justice and Public Order Act 1994. In the area of freedom of expression, particular reference may be made to the Official Secrets Act 1911, together with the prosecutions of Clive Ponting and Sarah Tisdale, the voluntary censorship of our press under the ‘D’-Notice System, the importance of R v Home Secretary ex parte Brind (1991) and the use of the common law under Attorney General v Jonathan Cape (1976) and Attorney General v Guardian Newspapers (No 2) (1990). In the area of freedom of the person, reference may be made to the serving of deportation orders in R v Home Secretary ex parte Hosenball (1977) and R v Home Secretary ex parte Cheblak (1991), together with contrasting the differing provisions of the Police and Criminal Evidence Act 1984 and the Prevention of Terrorism (Temporary Provisions) Act 1989.