Nobody downloaded yet

Administration Law - Case Study Example

Comments (0) Cite this document
Summary
Supreme Court Act 1981 requires a claimant for judicial review to establish a sufficient interest in the matter to which the application relates.In criminal proceedings the only claimants with sufficient interest are the Crown and the defendant…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.3% of users find it useful
Administration Law
Read TextPreview

Extract of sample
"Administration Law"

Download file to see previous pages In civil proceedings the question of what is a sufficient interest is a question of fact and degree taking into account all the circumstances of the case: R. v Inland Revenue Commissioners Ex p National Federation of Self Employed and Small Businesses Ltd [1982].Where a claimant is not directly affected by the action once the court is satisfied that (s)he is not simply a "meddlesome busybody"1 then it tries to balance the claimant's interest against the public importance of the issues and the remedy sought. The term 'interest' includes any connection between the claimant and the matter to which the claim relates. In R v Secretary of State for the Environment Ex p Rose Theatre Trust Ltd [1990] it was held that a desire to protect an historic site was not sufficient; only an unsuccessful applicant could appeal against a planning decision. Conversely the courts found a sufficient interest when a public spirited citizen sought judicial review of a serious public issue: R. v Secretary of State for Foreign and Commonwealth Affairs Ex p Lord Rees-Mogg [1994].The Law Commission disapproved of the decision in the Rose Theatre case recommending that public interest applications be treated as having sufficient interest. ...
We are therefore confident that BSS will be able to establish sufficient interest both within the context of vindicating the rule of law and that there is no other responsible challenger of the Home Secretary's decision. Having said this under CPR 54.17 the court has discretion to hear any person, which would allow the BSS to submit evidence on the issue, if not to actually commence the action for judicial review.

(b) Generally judicial review is concerned with the lawfulness of the decision making process of public bodies to ensure that powers have not been abused or exceeded. BSS would have to establish that in reaching a decision the Home Secretary had erred in law in this manner.
In Council of Civil Service Unions v Minister for the Civil Service [1985] (the GCHQ case) Lord Diplock enumerated the categories under which judicial review might be sought:
a) Illegality
b) Irrationality
c) Procedural impropriety or
d) Further development on a case by case basis - particularly with regard to the principle of proportionality which will be important under Human Rights and EU administrative law.
BSS could attempt to establish that the Home Secretary has acted illegally as he has misunderstood his powers under the law. For example we are told that BB has had two prison sentences each of which exceeded 9 months, and that by paragraph 9 of the Entry to the UK Rules, BB therefore would not normally be allowed admittance to the UK. The purpose of the rule seems to be to unequivocally exclude from this country persons who have been convicted anywhere of a criminal offences exceeding 9 months in duration. This would imply that the Home Secretary does not have discretion in the matter.
However, we note that the Home ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Administration Law Case Study Example | Topics and Well Written Essays - 2750 words”, n.d.)
Retrieved from https://studentshare.org/law/1515330-administration-law
(Administration Law Case Study Example | Topics and Well Written Essays - 2750 Words)
https://studentshare.org/law/1515330-administration-law.
“Administration Law Case Study Example | Topics and Well Written Essays - 2750 Words”, n.d. https://studentshare.org/law/1515330-administration-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Tax law
Also addressed will be the potential income tax ramifications personally to Mr. Jones, and the potential merger or acquisition of Smithon by Johnson Services. Other interests being addressed are, the potential use of Johnson stock to fund the purchase and the effect a merger would have on the ability of Mr.
4 Pages(1000 words)Case Study
Family Law
Hence, the surviving cohabitant is only able to make limited claims in the event of death of one of the cohabiting partner. For instance, the surviving partner does not have entitlement under intestacy regulations, and they have to apply for family stipulation, by merit of their cohabiting relationship.
5 Pages(1250 words)Case Study
Law and Legal Obligations
The definitions and explanations of the various topics in the act will make the law reasonable and reliable to execute. The drafted law will be kept in the parliament for debate. This debate will expose various vulnerabilities and defects in the law and the administration will correct it according to the response of the people's representatives.
8 Pages(2000 words)Case Study
Legal Aspects of Health Administration
Herein, in a case involving a 15-year old daughter who was impregnated by her stepfather, we resolve the issues of who are mandated to report such statutory rape and whether the mother has the right to access of such records. The statutory rape laws in USA have undergone drastic changes in the last decade.
5 Pages(1250 words)Case Study
Comparative Company Law
In this essay we will start by critically analysing Article 48 of the Treaty of Amsterdam, former article 58 of the Treaty of Rome, then we will analyse the 'real seat' theory and the 'incorporation' theory to consider whether there is any contradiction to the freedom of establishment.
10 Pages(2500 words)Case Study
Medication Administration
Lanoxin causes dizziness and could be responsible for Mrs. Smith's fall. It is a good medicine for treatment of cardiac failure where the dominant problem is systolic dysfunction. For certain heart ailments with hypokalaemic complications, Lanoxin may not be suitable.
8 Pages(2000 words)Case Study
Commercial law
In addition, the Anglo-American regime exhibits a pattern of dispersed share ownership and well-developed stock markets in which institutional investors play a leading role. Notwithstanding these structural similarities, the mechanism of shareholder capitalism in the United
9 Pages(2250 words)Case Study
Public Management and Administration
These proxies get used to provide service and extend the government’s actual work. It therefore does not matter who provides security at government facilities as long as they are doing an efficient job.
3 Pages(750 words)Case Study
Public Administration
The reason it is an intergovernmental issue is the involvement of the federal government, the state government and the local government (Shafritz & Russell, 2012). If the illegal immigration issue is to be dealt with
2 Pages(500 words)Case Study
Public Administration
stion that the study aims at answering is whether the managers or leaders in public organization need to focus more on internal or external motivational factors and to what degree should these factors be taken into consideration (Wright et al., 2012). The second question that
2 Pages(500 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Case Study on topic Administration Law for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us