StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Admin Law - Essay Example

Comments (0) Cite this document
Summary
Firstly, an action for judicial review can only be brought against the decision of a public body, not a limited liability corporation.1 The “limited…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.1% of users find it useful
Admin Law
Read TextPreview

Extract of sample "Admin Law"

Download file to see previous pages tion that has taken over the function of the Spelsbury District Council has moved from the status of “state” to “person”, which are the only two groups in society that are assumed under the European Convention of Human Rights, which aims to protect the rights of “people” from the “state”. Thus, when a judicial review process is considered, the Spelsbury Council would clearly fall under the category of “state” and Tracy would be “person” whose rights have to be protected. However, since the limited liability1b aspects impart the status of personhood upon such corporations that enjoy its benefits, therefore the Directors of the new company would be absolved of responsibility for civil actions against them because the corporation itself would be considered a person, just like Tracy, thereby blurring the distinction that allows a judicial review process to proceed against a clearly defined public body. However, since the limited liability company has been set up to carry out a public function that was originally carried out by the Spelsbury District Council and for the benefit of the public, it is likely that the courts may be amenable on this aspect of the case and Tracy may be allowed to seek permission from the High Court to ask for a judicial review of the decision.2
Section 31 of the Supreme Court Act of 1981 governs the judicial review process in England, whereby the question of permission being granted by the High Court may be subject to whether the Court “…….considers that the applicant has a sufficient interest in the matter to which the application relates.”3 In the case of R v Inland Revenue Commission ex parte national Federation of Self Employed4 Lord Wilberforce set out three separate criteria on deciding whether sufficient interest exists and one of these was the relative positions of the defendant and the plaintiff and the nature of the breach that is alleged to have been committed.
In this case, the decision has been ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Admin Law Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Admin Law Essay Example | Topics and Well Written Essays - 2500 words. Retrieved from https://studentshare.org/miscellaneous/1536137-admin-law
(Admin Law Essay Example | Topics and Well Written Essays - 2500 Words)
Admin Law Essay Example | Topics and Well Written Essays - 2500 Words. https://studentshare.org/miscellaneous/1536137-admin-law.
“Admin Law Essay Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.org/miscellaneous/1536137-admin-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Admin Law

Business admin assignment 1

...? Strategic Management and Strategic Competitiveness Strategic Management and Strategic Competitiveness Successful organizations have to involve strategic management and planning to achieve overall performance and achieve competitive advantage over others. One of the most successful corporations that use such approaches to attain better performance is Apple Corporation. This is a corporation that was formed in the beginning of 1976 and has been able to make positive development in achieving its targets. It is rated as the second largest corporation that deals in information and technology while it is ranked as the third largest company that deals with mobile making. It is also considered one of the most admired companies... Strategic...
5 Pages(1250 words)Essay

Admin law and Human rights

...? Administrative Law and Human Rights Judicial Review Judicial review entails looking at the public law with an intention of restructuring the legal principles. These principles acts as a check on the powers delegated to public bodies. In this sense, decision arrived at by neglecting the due process are challenged. Factors considers in this respect include irrational decisions, biasness, a breach of human rights or other stipulated laws; as a result of initiating judicial review since 1985 in the UK, unlawful decisions in the public realm are challenged in the court of law. Compainants can also file a case if they feel that further ctions need to be taken after completion of trial.1This occurs through filing official complaint by following...
8 Pages(2000 words)Essay

PUBLIC ADMIN police foundations

The very fact that Canada is one of the most competitive societies compared to that of the dominating countries, along time the US has proved its ability to spread its dominion in almost any form of government. No matter how hard Canada shall deny the fact that they will outlive the power of America, they will not be able to do so, without learning the American verity. Further, the US is globally recognized to be the biggest fish in the ocean of commerce that those who intend to fish for a greater catch will need to go along with the flow of the ocean.
Hence, it is evident that Canada is thriving hard to sustain its social ego to combat in the realm of trade and commerce against America. Statistical repots have shown that...
10 Pages(2500 words)Essay

Admin Law Question 1 + 2 (750-750 words)

...Topic: Ombudsman and Human Rights Act 1998 English: UK Your August 14, 2008 Answer Ombudsman, independent investigators of citizen’s grievances against the administration, completing the role of the courts, have become established feature of English administrative law inspired by its existence in the Scandinavian countries, the original blueprint for the British. Two incidents in particular, contributed to the creation of the office of the Parliamentary commissioner for Administration. First was the notorious ‘Crichel Down Affair’ and second was drown up in 1961, by the committee of JUSTICE, the British section of the International Commission of jurists, headed Sir John Whyatt. By s1 of the 1967 Act he is appointed by the Queen...
6 Pages(1500 words)Essay

ARTICLE CRITIQUE - Applied Research Methods class for Public Admin

...Applied Research Methods for Public Administration Public Administration Article Summary The society has longlived to believe in expertise languages of solving specific problems. The choice in language aimed at eradicating inequality aspects in public administration. The experiences of the community are not considered in policy making thereby the sense of ownership is lost. The case study conducted explored the impact created by involving ideas from people with limited understanding in English language. The department considered in the case study was a project that aimed at improving transit accessibility. During the case study, the community was given an opportunity to contribute to technical issues without language limitations... Research...
4 Pages(1000 words)Article

Economics (South Korea) + Admin & Laws in India, China & South Korea

...Economics South Korea & India, China Korea Admin, law and Politics Economic Indicators for South Korea South Korea is one of those countries that have pulled themselves from the list of developing countries into the developed world. The country’s economy has not been performing very well recently due to economic recession of 2008. Different economic indicators for South Korea will be discussed below in detail. GDP Growth The GDP growth of South Korea has not been consistent over the last few years. The country’s GDP growth was 0.3 percent in 2009 but improved to 6.3 percent in 2010 (Euromonitor, 2013). The GDP grew 3.6 percent n 2011 and 2.0 in 2012 (Euromonitor, 2013). This volatile growth rate is mainly due the economic recession...
5 Pages(1250 words)Essay

Law of Financial Services

For instance, the European Commission’s Regulation No. 1049/2001 which very specifically details rules and regulations governing the public access to European Parliament, Council and Commission documents. Article 8 of the regulation states that “personal data shall only be transferred to recipients … (b) if the recipient establishes the necessity of having the data transferred …” (Regulation 1049/2001). Although this law is not at all related to the data protection of banks and their customers, it does give us an impression of how serious the EC is in protecting the integrity of data.
In saying that the laws that we have on data protection have adequately addressed the needs of banks and custom...
6 Pages(1500 words)Article

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

Admin Law and Compulsory Purchase

... STUDY ON ADMIN LAW AND COMPULSORY PURCHASE Table of Contents Introduction………………………………………………………….3 The international legal drivers behind the development…………….3 How the development will be regulated between central and local government………………………………………..7 How the compulsory purchase mechanism is likely to work for this project……………………………………………...11 Conclusion…………………………………………………………..14 Sources……………………………………………………………...16 STUDY ON ADMIN LAW AND COMPULSORY PURCHASE Introduction The Department of Energy and Climate Change have contacted EDG Energy to construct a nuclear power station on the banks of the Six Estuary. The site is currently farmland, in mixed ownership. Development will involve building substantial structure...
13 Pages(3250 words)Case Study

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study

The Relationship Between Common Law and Custom, Equity, and Books Of Authority

This follows the common law theory that cases that have a great deal of similarity should need to be dealt with similarly and decisions or court verdicts passed accordingly, although this may not be viewed as strict practice. Custom, as a historical source of law, could be said to be the legislative statutes or laws that need to be implemented from time to time, and could also be termed as statutory laws that monitor public conduct. Thus, it could be said that while regulatory laws are created and nurtured by legislations and regulations, through the executive powers enforced by executive branch agencies, this is done through the delegation of authority from the top downwards. However, in the case of common law or case law, decisi...
6 Pages(1500 words)Assignment

Analysis of Employement Law Cases

For instance, Section 82(1) of the Sex Discrimination Act 1975 provides statutory protection to workers who are working under a contract personally to execute any work or labor. It also covers self-employed people2.

Other statutes, such as the Working Time Regulations 19983 and the National Minimum Wages Act 19984, are appliable to workers, in addition to employees5. Hence, all these rights and protections are available to Fred, even if he were to be deemed a self-employed person.

Some of the more important rights bestowed upon employees by the employment law are the right to claim wrongful or unfair dismissal and payment for redundancy. Other legislation, such as the health and safety statute and the insolve...
7 Pages(1750 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 Essay on topic Admin Law for FREE!

Contact Us