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Allowing the common law theory to supervene the doctrine of ultra vires could lead to too many
issues being challenged in the courts. All homicide cases and all cases attracting the death sentence
were sent to the capital for review by the highest judicial tribunal, the Board of Punishments.
Seamon 9781454850106 What comes with a review copy. To learn more about our website privacy
practices, please review University of Richmond’s general data privacy regulation policy. Define
Administrative law and explain its nature and scope. It is more of what is done and not what is
intended by the public sector. Muidul Haque The programme of study for the degree of Bachelor of
Laws with Honours (LL.B. Honours) will extend over a period of four (4) academic years and eight
(8) semesters. The manager of the market brought disciplinary action against Hook and also sat with
the sub-committee when the decision was made to dismiss Hook. These 98 pages long notes are
filled with tables and flowcharts. 84% in exam. This Administrative Law book by J.J.R Upadhyaya
is in English Medium. By refusing to refer the complaint the Minister had acted ultra vires. Often
these procedures are joined with legislation or other common law doctrines that set up principles for
proper rulemaking (Administrative law, 2006). You can use these for both LAWS2010 course and JD
course LAWS5010. Since the Ministry of Defence was part of the governmental system the policy
was not revoked, meaning that the right to discharge homosexuals from service would remain. He
argued that he ought to have been represented at the first meeting so that he could offer a defence to
the reasons given for his dismissal. Understanding Administrative Law concentrates on the process
of administrative decisionmaking but also deals with the substantive law of agencies when
appropriate. As this was an Essay on Australian Law the cases in Australia were considered and then
the cases in the places of common law were examined. Write an essay to discuss which approach is
in your view more convincing. Before leave to appeal will be granted the courts have to be satisfied
that the decision complained of was taken by a public body. When determining whether a judicial
review can be granted on the grounds of illegality the court will consider whether the decision has
been made for a proper purpose rather than an improper purpose. These are illegality, irrationality or
procedural impropriety. If you are not satisfied with an item that you have purchased, you may return
the item within 24 hours of your purchase and get a refund. Whereas the ultra vires doctrine
concentrates on the unlawfulness of a decision based on the public body overstepping the limits of
their power, the common law theory regards a decision as being unlawful if it unjustifiably violates
the rights of the claimant. They argued that the policy was unreasonable as it gave rise to a blanket
prohibition of homosexual activity and did not take into account personnel on an individual basis. An
awareness that there is no bright line between substance and procedure, particularly in the context of
an administrative agency, is especially helpful to a thorough understanding of the subject. There are
3 grounds under which judicial review can be sought. For instance, while studying the French
constitution, Montesquieu, the father of the doctrine of separation of powers observed that, since the
French Monarch had allowed too much power, this created room for rampant corruption of
government officials and oppression of the citizens. The differences are visible also in legal reasoning
and arguments that justify the selection of legal basis of decisions or legal interpretation as well as
decision based on administrative approval (which allows administrative body to choose between at
least two legally permissible decisions). A decision can also be illegal if the person making the
decision has not acted in good faith11. By using our site, you agree to our collection of information
through the use of cookies.
This site brings together serious debate, commentary, essays, book reviews, interviews, and
educational material in a commitment to the first principles of law in a free society. It would appear
from all of the above that there needs to be a greater use of the common law theory in many cases,
as demonstrated by cases such as R v Ministry of Defence, ex parte Smith27. The differences are
visible also in legal reasoning and arguments that justify the selection of legal basis of decisions or
legal interpretation as well as decision based on administrative approval (which allows administrative
body to choose between at least two legally permissible decisions). Complaints or allegations are
received informally and at no cost to the complainant. You can download the paper by clicking the
button above. The doctrine of ultra vires or the common law theory. Metropolitan Properties Ltd v
Lannon CA (1969) 1 QB 577. Administrative Law book authored by J.J.R Upadhyaya is published
by Central Law Agency. J.J.R Upadhyaya is among the popular authors of law books. This is based
on the as specified in the Constitution. This Administrative Law book by J.J.R Upadhyaya is in
English Medium. If you do not find the exact resolution you are looking for, then go for a native or
higher resolution. Allowing the common law theory to supervene the doctrine of ultra vires could
lead to too many issues being challenged in the courts. This could in turn cause difficulties as issues
could take too long to be resolved. For this reason, neither argument on the strengths of one
approach over the other is convincing, as there is a need for the co-existence of both in order to
maintain a proper balance in the judicial review process. Understanding Administrative Law
highlights the manner in which a client's problem moves through the typical agency and the manner
in which a lawyer copes with the various problems and issues encountered in representing clients
before administrative agencies. He was not invited to attend the meeting of the Committee when the
decision was taken to dismiss him. The court stated that there was no need for a full scale enquiry
and the officer only needed to let the boy know that he thought he was over 16 so that the boy could
prove that he was under that age. Check the quality by downloading free version of university and
college notes. Aapno Prakshan Aaradhya Publication Abhay Pratiyogita Today (Shub. The court
stated that dismissing the Chief Constable would mean that his pension rights would be forfeited,
whereas resignation would still protect his pension. In the chapter devoted to “The Case of the
Wenatchee Chambermaid,”the Tipaldo decision declares that the decision in Adkins and the
reasoning upon which it rests clearly shows thatA) the minimum wage law written by Congress to
regulate businesses in the District of Columbia was unconstitutional because it exercised a power
clearly reserved for exercise exclusively by the individual states. He was represented at the second
hearing where the dismissal was confirmed by the Committee. Montesquieu is widely regarded as
the father of the doctrine of separation of powers. Those affected by the policy argued that the policy
violated their right to a private life which they were guaranteed under Article 8 of the European
Convention. The weight of such a judgment in a particular case will depend upon the thoroughness
evident in its consideration, the validity of its reasoning, its consistency with earlier and later
pronouncements, and all those factors which give it power to persuade, if lacking power to control.
Taking into account the recent trend of the law courts, principles of natural justice, doctrine of
judicial review and judicial remedies have been discussed in detail with reference to decided cases.
All homicide cases and all cases attracting the death sentence were sent to the capital for review by
the highest judicial tribunal, the Board of Punishments. The decision maker must ensure that there is
indeed an ambiguity that is not resolved by any binding law, but if the ambiguity exists, the decision
maker simply interprets as best he or she may. Since the Ministry of Defence was part of the
governmental system the policy was not revoked, meaning that the right to discharge homosexuals
from service would remain. Write an essay to discuss which approach is in your view more
convincing.
This allows the affected party the opportunity to make representations on his own behalf and present
his arguments as to why the decision would be unfair. In this case Hook had been dismissed as a
market trader after he was caught urinating in public after the market was closed. For instance, while
studying the French constitution, Montesquieu, the father of the doctrine of separation of powers
observed that, since the French Monarch had allowed too much power, this created room for
rampant corruption of government officials and oppression of the citizens. In this case, the
Committee had already determined the value of the raisins when it fined Horne. Check the quality by
downloading free version of university and college notes. There are two approaches on the central
principle of judicial review, one in support of the doctrine of ultra vires, while the other in favour of
common law theory. It comprises studies on variety of areas of law and other related courses. LL.B.
Honours programme will be an integrated course, carrying 4200 marks and 138 credit points
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currently unavailable. This will involve examining the grounds for judicial review and, through case
law, determining when the doctrine of ultra vires has been used as well as the common law theory.
By refusing to refer the complaint the Minister had acted ultra vires. Several people took advantage
of this offer when it was announced that the licence would be increasing by ?8 on the 1 April.
Carltona v Commissioner of Works (1943) 2 AER 560 CA). If you are not satisfied with an item that
you have purchased, you may return the item within 24 hours of your purchase and get a refund.
Such boards have the power to determine if an injured worker is entitled to receive compensation
related to injuries sustained in connection with their occupations. Furthermore, the investigator
general cannot carryout an investigations into a case that has alternative ways of resolving such as
through application to the Executive or appeal to a tribunal or through the Courts of Law. The
differences are visible also in legal reasoning and arguments that justify the selection of legal basis of
decisions or legal interpretation as well as decision based on administrative approval (which allows
administrative body to choose between at least two legally permissible decisions). The courts will
consider that there has been procedural impropriety in cases where the decision was not made by the
person to whom the power was delegated to14, there has been an improper process15 or there has
been a breach of natural justice or the decision maker has acted unfairly. Illegality has also been
asserted in cases were the merits of the case have not been considered and were the courts have
stuck rigidly to policies10. Bromley LBC v Greater London Council: HL (1983) 1 AC 768. The
manager of the market brought disciplinary action against Hook and also sat with the sub-committee
when the decision was made to dismiss Hook. Often these procedures are joined with legislation or
other common law doctrines that set up principles for proper rulemaking (Administrative law, 2006).
Finally, the parties have the right to know the reasons underlying the decisions reached by the
institutions of administrative justice. Many requests for judicial review cannot be defined by the
rights of an individual. Kalam Publication Sikar KD Publication Kiran Competition Times Kiran
Prakashan Kitab Mahal Publishers Krishna Publication Lakshya (Manu Prakashan) Lawpoint
Publications Laxmi Publications LexisNexis Lucents Publication Made Easy Publication Manas
Publication MB Books Pvt. Ltd. McGRAW HILL EDUCATION Mishra Publication MTG Learning
Media Pvt. If the court had given greater weight to the common law theory then the decision might
have been in favour of the aggrieved rather than the Ministry. Section 31(3) of the Supreme Court
Act 1981 provides that permission for judicial review will not be granted “unless it considers the
applicant has a sufficient interest in the manner to which the application relates12. ” The definition
of “sufficient interest” has been interpreted widely13 and was considered in depth in the case of R v
Inland Revenue Commissioners, ex parte National Federation of Self-Employed and Small
Businesses Ltd14. At the House of Lords hearing the Lords found the Committee to be in breach of
the rules of natural justice. At the same time administrative law application process differs from the
judicial one. We use cookies to create the best experience for you. In some instances the decision
given by a court in a particular case can be so absurd that no reasonable court would have ever come
to such a conclusion. Although the Court of Appeal agreed that the private lives of the applicants had
been violated, the policy was allowed to remain in force on the basis that the judges felt that they did
not have sufficient power to declare the policy as unreasonable, and that the government, alone,
should be allowed the power to review the policy.