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English Administrative Law - Case Study Example

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In the paper “English Administrative Law” the author focuses on a fundamental principle of English Administrative law.  The Court of Appeal reviewed this aspect of Administrative law and the relationship between the courts, the executive and the legislators in R v Secretary of State for the Home Department…
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English Administrative Law
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Download file to see previous pages In other words, just as the public is accountable to the government the government is likewise accountable to the public by virtue of judicial review. While these restraints on executive powers appear to compromise Parliamentary sovereignty, it is not necessarily so, since Parliament always retains the power to legislate against any decision rendered by the courts.2 The discussion that follows examines the restraints placed on the executive and the manner in which it could conceivably challenge concepts of parliamentary sovereignty in the context of the Court of Appeal’s decision in R v Secretary of State for the Home Department ex parte Fayed [1997] 1 All ER 228.
On the facts of the case, R v Secretary of State for the Home Department ex parte Fayed [1997] 1 All ER 228 in 1993 two brothers, Ali and Mohammed Fayed, Egyptian nationals submitted applications for British citizenship under the British Nationality Act 1981. After much delay and several fruitless inquiries, the applicants received a letter from the Home Office that merely stated: “After careful consideration, your application has been refused.”3
As no reason had been provided for the denial of the brothers’ application for citizenship a request for reasons was submitted to the Home Office with the result that the request was denied. In March of 1995, the Fayed brothers applied for and obtained leave to apply for judicial review, however, the application was subsequently dismissed on 26 February, 1996.4 The appeal to the Court of Appeal was based on these facts and circumstances.
In determining whether or not the applicants had been denied administrative fairness or ideals of natural justice by virtue of the refusal to provide reasons for denial of citizenship, the Court of Appeal looked to the relevant statutory provision. Section 6 of the British Nationality Act 1981applied and Section 6(1) provides. ...Download file to see next pagesRead More
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