logo

Grounds of Judicial Review and Remedies in Constitutional and Administrative Law

   

Added on  2023-01-04

7 Pages1687 Words264 Views
 | 
 | 
 | 
CONSTITUTIONAL AND
ADMINISTRATIVE LAW
Grounds of Judicial Review and Remedies in Constitutional and Administrative Law_1

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
........................................................................................................................................................6
Grounds of Judicial Review and Remedies in Constitutional and Administrative Law_2

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.” According to this section it cane be observed that no person can question Minister in
relation to health emergence. It can be only challenged when fundamental right of a person is
been violated due to any reason. As the power is been given to minister to act in relation to
making an validity of law to be seen within the eyes of laws. This act has been formed in order to
make sure that power is been given to public
Unfair treatment for Boris
As the pandemic is spreading day by day at very heinous level and people are dying
because of it. Then it becomes duty of the government to seek that all kinds of measures is been
taken in order to stop the growth of pandemic. For this reason only the act has been formed in
order to make sure that all the activities is done byb following all the kinds of instruction that is
issued by the government. So in this case if slaughter is been order of the reptile house then it
Borris cannot question the activities of government in any manner as constitution has given them
authority to act for the country to protect them all kinds of pandemic. Section 2 of the act has
been defined which says that “District councils shall appoint inspectors who shall have the
power to enter any premises in order to investigate the health of the birds therein.” Alo section 2
of the act can be used when an person is required
Grounds of Judicial Review and Remedies in Constitutional and Administrative Law_3

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents