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Administrative Law - Essay Example

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The increasing gender inequality in population, re-organisation of social statures, stronger and more prominent influence of globalisation and modernisation around the world has immensely contributed towards an increased number of sex crimes where women and teenage girls become more vulnerable to such incidents. …
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Download file to see previous pages ts. Consequently, there has been an urgent need to tackle and overcome such activities of prostitution which are in most communities considered as unacceptable. However, many countries in the light of the stated problem have legalized prostitution through brothels with the imposition of certain restriction so as to minimize criminal offences, simultaneously preserving social interests. For instance, even though an increasing percentage of population worldwide deciphers a strong believe that legalization of prostitution or brothels can de-motivate the performing of such offences, communities still perceive that such acts are immoral and should never be legalised as it might harm the social environment and the following generations by a large extent. Based on this understanding, in the light of Brothel Licensing Act 2011 (Cth), the case scenario of Alice will be assessed. Alice is an adult citizen of Sydney and runs a number of art galleries. Deciding that she would become a brothel ‘madam’, Alice renovates a dilapidated youth hostel into a high class brothel. Correspondingly, she applies for a brothel license pursuant to the Brothel Licensing Act 2011 (Cth). Although she is granted with a brothel license, two conditions were mentioned rigidly in the agreement which she feels to be inhibiting her business growth prospects. Accordingly, many issues are observed to emerge opposing the license granted to the brothel. Concentrating on these issues, the report will intend to evaluate the specifications of such acts and its justness to be enacted. Decision or Decisions That Alice Can Seek Judicial Review Of The Minister decides to grant Alice a brothel license based on two rigid conditions. The first condition restricts that there be a maximum of four people on the premises at any one time. Correspondingly, the second condition deliberates that the brothel shall provide prostitution services only within the hours of 9am to 5pm and from Monday to Friday only. It is worth mentioning in this regard that prostitution has been found as one of the oldest professional practices performed by people even after being strongly opposed in the orthodox period of human civilisation. In the current day perspective, many countries including United Kingdom, Canada, France, and Germany among others have made prostitution and brothel legal with the intention to reduce the rate of sex crimes bringing-in various legal restrictions. Laws that prohibit prostitution and brothels have often been opposed by feminists accusing it to act as sex discrimination. Therefore, in a free and independent society, such laws are regarded as inappropriate as these legal implications tend to violate the basic rights and individual liberties unnecessarily. Prostitution services do not harm any of the party engaged in the prostitution due to mutual agreements; rather it does de-motivate people to forcefully indulge in such activities. People who agree to pay value for the prostitution services rendered to them at their own will and interest are the likely clients of the brothels. It has often been mentioned that it is appropriate to enact strict laws against trafficking defining it to be a category of sex crime, rather than on brothels which focuses on agreed sexual activities1. Thus, with reference to Alice’ ...Download file to see next pagesRead More
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