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etical case of Jen who has been refused GM-Free accreditation licence by the WA Minister for Primary Industries Therefore, the arguments herein present the tenets of procedural fairness in relation to an appeal to review administrative decision which has purportedly denied the applicant the expected due PF in line with the prevailing legislation.2 In its chronology, this paper looks at the basis of power and evidence used by the decision maker to arrive at the resolution in question. On the other hand, the discussion hereafter considers the legal facts as to whether Jen can effectively invoke denial of PF success in a judicial review of the Minister’s decision.
Primarily, the legal framework of administrative law provides that an applicant must have been aggrieved by an executive decision for which a judicial review is being sought (Halliday, 2004: 146). Moreover, the Commonwealth Law allows the aggrieved individual to seek judicial review of an administrative decision that has perpetually compromised his personal interest as distinguished by Edley (1992:139) in the case of FAI Insurance; Blyth District Hospital Inc v South Australian Health Commission.3
In the case presented before us, Jen applied to the WA Ministry of Primary Industries for accreditation as a GM-Free canola grower in line with the requirements of the WA Genetically Modified-Free Grain Security and Accreditation Act 2006. Unfortunately, the Minister denied her accreditation on grounds that her property was deficient of the provisions of Section 10 of the aforementioned Act hereinafter referred to as the Act. In arriving at the decision, the Minister instituted Section 5 assessment as well as subsequent Section 12 inspection to ascertain the integrity of Jen’s property as read with the Ministerial Policy to safeguard the public interest against GMO contamination.
Prior to Jen’s application, there was a prevailing Ministerial Policy advising against GM-Free accreditation for growers
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Administrative Law Table of Contents Table of Contents 2 Introduction 3 Decision or Decisions That Alice Can Seek Judicial Review Of 4 Court of Jurisdiction and Source of Jurisdiction 5 Remedies That Alice Should Seek 6 Alice Have Standing or Not 7 Grounds on Which Alice Could Seek Review 8 Citizen against Prostitution and Minister’s Decision 10 Conclusion 11 References 13 Introduction 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 inciden
However there are those countries that do not have universal constitution, in such states a number of imperative and consensual rules such as customary law, judge made law, international rules, convections, norms among other statutes are used. Some of such countries as pointed out by Wade and Philips, 1997 by UK, Israel and New Zealand, according to the two the constitution plays distinctive functions in a state; these are; outlines the state and legal structures, defines legislative procedure and protects human rights2.
There is great popularity of such law reforms in most of the countries, however, they have been extensively criticised too. Main constituents of British Administrative Law are Ombudsmen, Tribunals, Judicial review and Freedom of Information.
The agencies’ involvement in law include areas such as making rulings on cases in court, adjudication, and/or enforcement of certain guidelines as stated in a country’s constitution (Hocking & Guy, 2010). Administrative law is, therefore, a section of public law.
Judicial review allows the courts to circumscribe ultra vires activities by public bodies. A public body is one which exercises a power or performs a duty which involves "a public element"1. In order to apply for judicial review the claimant must show that s/he has a 'sufficient interest' in the matter to which the application relates: Supreme Court Act 1981, s.31(3).In order to establish that the Minister has acted ultra vires in denying him compensation William will have to establish bad faith, dishonesty, unreasonableness, attention given to extraneous circumstances, and/or disregard of public policy or some such thing on the part of the Ministry2.
Administrative law is the body of law that arises from the activities of administrative agencies of government. Government agency action may include rulemaking, adjudication, or the enforcement of a exact regulatory agenda. Administrative law is considered a branch of public law.
hereby there was a conflict between two Acts which had been passed in different period of time and the courts found that Act which came into force later on applied, thereby using the implied repeal.
A.V.Dicey stated that parliamentary sovereignty revolves around three aspects,
Many Laws have been made since the beginning to evolve the society from its beginning and make it stand where it is today. Law administration deals with the laws that are most likely falling under administrative agencies.
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