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Analysis of OReilly v Mackman - Case Study Example

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"Analysis of O’Reilly v Mackman Case" paper examines this case and concludes that averments in favor of the exclusivity regulations are that the regulations safeguard public authorities or those administering public functions from having their verdicts confronted more than a prescribed time limit…
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Analysis of OReilly v Mackman Case
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Download file to see previous pages Judicial review is a concept which is constitutionally undecided as it on one side, it shores up the rule of law, democracy, and pre-eminence of parliament by facilitating the courts to check the boundaries of government authority and on another side, the courts are open to the decision on the plants based on the fact of separation of authorities that are intimating with the verdicts of democratically elected institutions. Judicial review is not apprehended with the virtues of government assessment but deals with whether the deciding authority has remained within the legal boundaries and whether broad principles of rationality and fairness adhere. The constitutional basis of judicial review is debated as one view holds that it is based on the ultra vires principle and the other views that it is a free-standing function of common law but subject to the supremacy of parliament.

In “R v Disciplinary Committee of the Jockey Club, ex parte khan1, “it was held that Agha Khan requested for judicial review of the decision of Jockey Club’s verdict to debar his triumphant horse for passing out a marijuana test. The court held that it lacked authority. It viewed that the connection between Club and its members and the authorities conferred on the club is derived from the contract between the parties. Hence, the court held that it is the issue of private and not public law and therefore the judicial review was not available.

Before the O’Reilly case, there existed two primary types of course of action available to a litigant willing to assert that a public authority executing a public purpose or a communal body had infringed the essential elements for the exercise of decision-making authorities. Thus, a plaintiff first has to make the application to the Divisional Court of the Queen’s Bench Division for the redressal of his grievances which is known as judicial review. However, the plaintiff has to apply for certiorari within 6 months from the occurrence of the issue complained of and leave to apply to be obtained. Further, at the hearing of certiorari application, proof or evidence will be submitted by way of affidavit only. ...Download file to see next pagesRead More
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