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The decisions of a council in regulating operations within its jurisdiction - Essay Example

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This paper seeks to review decisions of a council in regulating operations within its jurisdiction. The paper, with the aim of advising parties to the case, will explore the powers and decisions made by the council to identify ultra ‘viressness’ in the council’s actions…
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The decisions of a council in regulating operations within its jurisdiction
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Download file to see previous pages The researcher states that subject to the Food Vending (control) Act 2009, local councils are empowered to regulate trade within their geographical jurisdictions through licensing. The act provides that local councils, within their localities, can authorize trade in food substances through licensing and ensure regulation through revocation of licenses whose owners contravene requirements of the act. Subject to section 2 of the act, licenses can be revoked for misconduct or on grounds that the food supplies offered by the licensee are not safe for human consumption. The cases are based on the principle of delegated legislation and authority, and the scope of such legislations and authority. As a source of law, subsidiary bodies such as local councils and other government agencies are permitted to make laws and facilitate implementation of the laws. Similarly, authority may be delegated for implementation of primary legislation through formulation of policies. One of the basic principles of such delegated legislations and authority is that they are limited to provisions of their parent acts that mandated them and any other superior source of law. A delegated legislation or authority can therefore not exercise more powers than is provided for by its authorizing legislation. In order to check on the concept of ultra ‘viresness’, the courts, when called upon, review implementation of delegated legislations to ensure that the agencies do not misuse authority to undermine rights and freedoms of their subjects.1 The scope of judicial review involves examination of the policy or decision in question to either approve, reverse or propose amendments to it. In exercising its review of delegated legislation, the courts look into a number of considerations. The first consideration is the conformity of the delegated legislation or authority to the powers as granted by the parent act. The aim of the courts would be to determine that the decision made in formulation or implementation ...Download file to see next pagesRead More
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