Grounds of Judicial Review and Remedies in Constitutional and Administrative Law Cases

CONSTITUTIONAL AND
ADMINISTRATIVE LAW

INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Advise Boris and Cassandra on what, if any, grounds of Judicial Review may be arguable in
their cases, and what, if any, remedies they may seek................................................................3
Unfair treatment for Boris...........................................................................................................4
Boris and opportunity to make representation.............................................................................4
Section 2 and district councils.....................................................................................................4
CONCLUSION................................................................................................................................5
REFRENCES...................................................................................................................................6

INTRODUCTION
Constitutional laws are the laws that provides framework to a country. These laws
include various kinds of articles within it that has helped in making laws which are concrete in
nature. These laws include articles and fundamental rights that is been to be given to every
individual. Administrative laws are the laws that has been helping in handling all kinds of
documentation related to making law or implementing them. Both the laws cover wider scope as
they deal with various activities regarding law formation. Nature is also dynamic as they have
tendency to impact functioning of legal system in United Kingdom. In this discussion three
things that has to be covered is based upon Bird Flue Act 2015.
MAIN BODY
In this case Boris owns and reptile house. Reports has been there that bird flu can be
contracted by reptiles and transmitted from reptiles to humans. Also that ministry has order that
slaughter of Boris reptile house but it was not followed. Boris was not given any opportunity ti
make any kind of representation. Cassandra is a professional breeder of budgerigars. She keeps
her budgies in her house. Employees of Vetco Ltd. entered her home the other day and
confiscated all her budgies. She is told that the birds are to be held in quarantine for twelve
months. The Vetco employees also searched her house and seized documentation relating to the
purchase and breeding of budgerigars.
Advise Boris and Cassandra on what, if any, grounds of Judicial Review may be
arguable in their cases, and what, if any, remedies they may seek.
Judicial review within English law is part of UK constitutional law which has been
enabling people for challenging exercise of power by a public body. A person who feels that
exercise of power is unlawful can apply to administrative court. In order to make decision to be
passed wether a judgement is legally justified or not.If the court finds the decision unlawful it
may have it set aside (quashed) and possibly award damages. A court may impose
an injunction upon the public body (Farber, 2018).
In this case section 3 is to be applied of the Bird Flue act 2015 which states that decision
of Minister shall be called into question under ant court of law. This means that ministers can be
questioned for the act that has been done by them in order to make sure that laws and order is
been maintained. Section 1 states: “The Minister may, as he thinks fit, order the slaughter of any
flock.”