Judicial Review Grounds and Remedies for Boris and Cassandra

This report analyzes the potential grounds for judicial review in the cases of Boris and Cassandra under UK constitutional and administrative law. It examines the application of the Bird Flu Act 2015, particularly Sections 1, 2, and 3, to determine whether Boris and Cassandra have grounds to challenge the actions of public bodies. The report considers issues of unfair treatment, the opportunity for representation, and the powers of district councils and inspectors. It evaluates the remedies available, such as quashing decisions, awarding damages, or imposing injunctions. The analysis also considers the context of the avian influenza pandemic and its impact on legal decisions, including the slaughter of a reptile house. The report uses scholarly sources to support its arguments.

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
........................................................................................................................................................6

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

Though influenza A is adapted to birds, it can also stably adapt and sustain person-to-
person transmission. Recent influenza research into the genes of the Spanish flu virus shows it to
have genes adapted from both human and avian strains. Pigs can also be infected with human,
avian, and swine influenza viruses, allowing for mixtures of genes to create a new virus, which
can cause an antigenic shift to a new influenza A virus subtype which most people have little to
no immune protection against.
According to this section of the act it can be observed that action can be taken as per the
required and condition that has been existing within a country. As the pandemic has given rise to
various kinds of contingencies within the society. An inspector can be appointed by the
government to seek that what is the status of pandemic. In the current situation the act has been
used for making restriction over any countries that has been affected by influenza virus in
poultry. Recommendation over traveling within such pandemic is been restricted. Various kinds
of rules and regulations is to be followed like wearing mast, using sanitize and other things. This
has been making popularity through making travelers to be placed and raised or sold it. Avoid
preparing eating raw materials through popularity of product. This has been practicing hygiene
and cleanliness to visit doctor to become during after traveling. Avian influenza strains are
divided into two types based on their pathogenic: high pathogenic (HP) or low pathogenic (LP).
The most well-known HPAI strain, H5N1, was first isolated from a farmed goose in Guangzhou
Province, China in 1996, and also has low pathogenic strains found in North America.
Companion birds in captivity are unlikely to contract the virus and there has been no report of a
companion bird with avian influenza since 2003. Pigeons can contract avian strains, but rarely
become ill and are incapable of transmitting the virus efficiently to humans or other animals.
Boris and opportunity to make representation
In this case Boris cannot make any representation not can ask for compensation. As per
the new act that has been formed to specially deal with the pandemic. In section 3 of the Bird
Flue act is there to protect birds from any kind of problem health issues regarding them. So, as
per the situation it can be observed that slaughter of reptile house is been order. In the case
scenario slaughter is order for stooping of Bird flu from getting spread. This section has given
power to minster to perform any kind of slaughter in case if seeks that pandemic can be spread
through reptiles (Rakar, Tičar and Sever, 2020). State and local agencies have different policies

for collecting and testing birds, so check with your state health department, state veterinary
diagnostic laboratory, or state wildlife agency for information about reporting dead birds in your
area. Wildlife agencies routinely investigate sick or dead bird events if large numbers are
impacted. This type of reporting could help with the early detection of illnesses like West Nile
virus or avian influenza. If local authorities tell you to simply dispose of the bird’s carcass
(body), don’t handle it with your bare hands. Use gloves or an inverted plastic bag to place the
carcass in a garbage bag, which can then be disposed of in your regular trash.
Section 2 and district councils
According to this section of the act it can be observed that action can be taken as per the
required and condition that has been existing within a country. As the pandemic has given rise to
various kinds of contingencies within the society. An inspector can be appointed by the
government to seek that what is the status of pandemic. In the current situation the act has been
used for making restriction over any countries that has been affected by influenza virus in
poultry. Recommendation over traveling within such pandemic is been restricted. Various kinds
of rules and regulations is to be followed like wearing mast, using sanitize and other things. This
has been making popularity through making travelers to be placed and raised or sold it. Avoid
preparing eating raw materials through popularity of product. This has been practicing hygiene
and cleanliness to visit doctor to become during after traveling. Avian influenza strains are
divided into two types based on their pathogenic: high pathogenic (HP) or low pathogenic (LP).
The most well-known HPAI strain, H5N1, was first isolated from a farmed goose in Guangzhou
Province, China in 1996, and also has low pathogenic strains found in North America.
Companion birds in captivity are unlikely to contract the virus and there has been no report of a
companion bird with avian influenza since 2003. Pigeons can contract avian strains, but rarely
become ill and are incapable of transmitting the virus efficiently to humans or other animals.

REFRENCES
Books and journals
Rakar, I., Tičar, B. and Sever, T., 2020. Water Protection in Slovenia: Constitutional and
Administrative Law Perspectives. In Water, Governance, and Crime Issues (pp. 129-155).
Springer, Cham.
Farber, D.A., 2018. Governance principles and climate disasters: constitutional and
administrative law issues. In Research Handbook on Climate Disaster Law. Edward Elgar
Publishing.
AKMAL, A.N., 2019. Legality of State-owned Enterprises in Conducting Monopoly and
Dominant Position: Constitutional and Administrative Law Perspective in Indonesia and
Germany Laws (Doctoral dissertation, Universitas Gadjah Mada).
Mishyna, N.V. and Surilova, O.O., 2020. Constitutional and administrative aspects of the
ukraine's medical code. Wiadomosci Lekarskie (Warsaw, Poland: 1960), 73(1), pp.191-195.
Shinar, A., 2017. Israel's External Constitution: Friends, Enemies, and the
Constitutional/Administrative Law Distinction. Va. J. Int'l L., 57, p.735.
Avbelj, M., 2016. Constitutional and Administrative Pluralism in the EU System of Banking
Supervision. German Law Journal, 17(5), pp.779-798.
Sunstein, C.R. and Vermeule, A., 2016. The New Coke: On the Plural Aims of Administrative
Law. The Supreme Court Review, 2015(1), pp.41-88.