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All Legislation Referred to in This Problem Scenario is Fictitious - Case Study Example

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"Analysis of Public Law and Administration Cases "paper gives advice on the possible success of either a judicial review application, bringing an action in private law or seeking redress through alternative grievance resolution mechanisms that might resolve their present difficulties…
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All Legislation Referred to in This Problem Scenario is Fictitious
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Download file to see previous pages Section 1 of the Act permits the Secretary of State to restrict access to public parks in the interest of public order and allows the Secretary of State to issue an order ‘preventing the reporting of any such restriction in newspapers or on television where he feels that this is 

Section 2 introduces a new system for the licensing of public houses.  Accordingly, all applicants have to demonstrate martial art skills and ensure that their premises are equipped in a way to minimize disturbance of public order.

Section 3 of the Public Order Act 2006 empowers a newly set up Licensing Agency to award grants to pub licensees who are licensed under the Act. Licensees are invited to apply for grants in order to fund building/renovation works or to aid the development of increased safety features such as safety glass and video cameras.

(a) Jasmine wants to organize a protest in Hyde Park against the Iraq war but is prevented from doing so by the Secretary of State, who decides after receiving intelligence from the police that there is a real risk of disorder and rioting and therefore bans the march. Jasmine wants to challenge the decision, but she has been advised by a law lecturer that the courts will defer to the decision of the executive.

(b) Jasmine is a reporter on the famous national newspaper ‘The Moon’. She tells David, her editor, about the banning of her planned march, and he agrees to run a story about the Secretary of State’s actions. Upon hearing about the proposed story, the Secretary of State issues an order prohibiting David from printing any information about the prevention of the protest. Both David and a pressure group ‘Free Speech for All’, would like to challenge the issuance of the order.

(c) Tom, who is extremely fit and won the London marathon this year was denied a license to open a pub under section 3 of the Act because he could not demonstrate martial art skills. However, he has heard from other pub owners that they had been granted licenses in accordance with an internal policy which allowed a general proof of physical fitness to be sufficient. ...Download file to see next pages Read More
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