Admin Law
Q2a An avenue open to Taluluans for Air Safety (TAS) is internal review. This involves a more senior officer looking at the decision. TAS can apply for internal review by writing to the minister. TAS is also able to seek review of the situation to the ombudsman1 . S(6)(b)(ii)2 will pose a problem for TAS in obtaining a reciew. The section specifies that ombudsman can refuse to investigate if the complainant does not have a sufficient interest in the subject matter of the complaint. Tas's interest is to improve public interest, they have no other interest that will be beneficial to themself. The ombudsman is unlikely to view this interest as sufficient enough to investigate. TAS may also apply to the AAT, however before they can do so they must have standing. The mere fact that TAS consists of injured members is not enough to give it standing , the organisation must have an interest that is greater the ordinary members of the public.3 TAS's main object is to promote air safety, it will give it a right to encourage air lines and ASA in improving their airline safety, but it will not entitle them to questioning the actions of ASA. This means that its interest will not be greater than the ordinary person and will not have standing in regards to challenging the decision of ASA to the AAT. TAS may seek rely on the broader terms of S(27)(2)4 to have standing in the AAT. The
Why and how the policing of public protest has changed in the last 25 years
Why and how the policing of public protest has changed in the last 25 years Historically political protests, demonstrations and riots were quite common in Britain. What was not common however, was a structured public service department equipped to deal with such events. This essay will purport to show how and why policing of public protest has changed in the past 25 years. Eighteenth century Britain experienced some horrendous rioting, i.e. the St George's Field Massacre 1768[1], the Gordon Riots 1780[2] and the Peterloo Massacre in 1819[3], is this a mirror image of things to come. One of the major functions of the police has always been the control of public order, i.e. demonstrations, sports grounds, festivals and striking pickets. "The duty of a police officer....includes the preservation of the peace, or rather the prevention of a breach of the peace..."[4] It is also understood that the police have certain obligations in ensuring the physical safety of people when faced with large gatherings. However, three elements cause major problems for the police when faced with any large gathering, (i) freedom of public expression, (ii) police obligation to the public safety of the participants and (iii) their obligation to the protection of the rights of others). It was not until the late 1800's and early 1900's that British society started to settle down. The emergence
ROYAL PEROGATIVES
GRADUATE DIPLOMA IN LAW CONSTITUTIONAL LAW & ADMINISTRATIVE LAW Coursework Title Lord Frazer in the GCHQ case explained the past position of the courts in relation to the prerogative as follows - ''As De Keyser's case shows, the courts will inquire into whether a particular prerogative power exists or not and if it does exist, into its extent. But once the existence and extent of a power are established to the satisfaction of the court, the court cannot inquire into the propriety of its exercise.'' (Lord Frazer - Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374) Discuss the reasons for this limited judicial control of the prerogative in the past and critically assess the approach finally adopted in the GCHQ case and subsequently. Royal Prerogative derives from common law and they are not from statutes. By origin, royal prerogatives are attributes which of necessity inherent in the kings as the governors of the realm. The royal prerogative consists of those common law powers and immunities which are peculiar to the crown and go beyond the powers of a private individual. The history of the royal prerogatives was created by James 1 between 1603-1625. James 1 was the king of England and Scotland, and when he became king, he appointed himself head of parliament, courts and statutes. Powers of the King were legally based on the royal
PLA Ultra Vires Essay
In (A) scenario Andy is aggrieved because they (Hullair) were not consulted before the Secretary of State (SOS) made the search regulation for all airline passengers. Andy is also aggrieved because a fine has been imposed without hearing and a subsequent confiscation of their aeroplane. In such a case it could be regarded as procedural impropriety, and a clear abuse of natural Justice or wednesbury unreasonableness. If the discretion of the (SOS) is believed to be unlawful, the question could be whether there was a common law duty to consult or a statutory duty to consult. It is clear here that there is a statutory duty to consult. Under Section (1) of the Airport Security Act 2010, (ASA) states that, any regulation compelling airlines taking measures to enhance security, consultation should be made to relevant parties. Therefore if there is statutory duty to consult then the Gunning criteria should be applied:1 (a) that consultation must take place at a time when the proposals are of a formative stage as in Beckwith;2 (b) that those being consulted must have sufficient information available to permit an informed response as in Edwards, (although the court (HL) held that the Environment Agency was not obliged to disclosed all there documentations, which was due to cost and the endless process of given reasons and challenges);3 (c) that consulates' must be given a reasonable
Does the United Kingdom have a Constitution?
Politics Essay on British Constitution by Marc Loakes Does the United Kingdom have a Constitution? On the face of it, the United Kingdom does not have a constitution in the normal sense of the world, as unlike the American system, of having a codified constitution which is written down clearly in one place, with easy access, the United Kingdom has a constitution made up of many documents, evolved together over many hundreds of years, to form a uncodified constitution with many sources. Does this count as a 'real' constitution though? Well, the main argument that the United Kingdom does not have a constitution is the fact that there is no single document, entitled the 'British Constitution' and at the same time, any laws which are called 'constitutional statues' (laws) are given no more superiority to other acts of parliament (laws) which are issued, and so even if they are meant to be holding together a constitution, they have no power to overrule a law, which threatens to make the constitutional law obsolete. So therefore, you would think that there is no Constitution in the United Kingdom. This case is further strengthened by the way that Parliamentary Sovereignty is treated. Here, parliament is omni competent and can not be overruled; therefore it can not be limited in the way it acts, by previously passed acts and statutes. So entrenching laws can not exist. This
Define and analyse the principal amendments proposed by the new constitution for the EU.
Define and analyse the principal amendments proposed by the new constitution for the EU The European Convention on the Future of Europe was created in Laeken, on 14 an 15 December 2001. Its goal was to draw up proposals on three subjects: "how to bring citizens closer to the European design and European Institutions; how to organise politics and the European political area in an enlarged Union; and how to develop the Union into a stabilising factor and a model in the new world order" (The European Convention, 2003). After a 17 month work period, the European Convention, chaired by former French President Valéry Giscard d'Estaing has come up with a draft treaty establishing a Constitution for Europe in Thessaloniki on 20 June 2003. The Intergovernmental conference, currently meeting in Naples, has to finalise the text before the 12 and 13 December summit in Brussels where heads of state are meant to reach a final agreement. In this essay we will introduce the principal amendments this draft proposes and analyse the issues they raise. The main proposals concern the qualified majority voting system, the composition of the European Commission, the creation of the Union Minister for Foreign Affairs, citizenship and the incorporation of the Charter of Fundamental Rights of the Union. Qualified majority voting Article 24 states that "majority shall consist of the majority of
The House of Lords Should be entirely elected by a system of proportional representation. Discuss.
487 Words The House of Lords Should be entirely elected by a system of proportional representation. Discuss. The House of Lords is the second chamber of the United Kingdom's parliament. In all matters, the House of Commons has primacy over it. Its main functions are to scrutinise legislation, both domestic and European, and to debate on issues of public policy and public concern. Since the passing of the parliament act 1911, the Lords can no longer obstruct government legislation. With the Salisbury-Addison convention, the Lords recognises that it should seek to facilitate the passage of legislation regarding to manifesto commitments of the government as they are seen to be what the public wants1. The Lords is entirely appointed. Majority of the members are life peers whom are appointed by the queen on the advice of the Prime Minister. The Prime Minister decides how many new members of each party to appoint as well as how many independents. The general aim being that the party balance in the Lords should be in a similar proportion to the Commons. Nominations from each party are submitted by the party leaders themselves and are accepted by the Prime Minister. For independents, the prime minister takes advice from the non-statutory Appointments Commission. In addition, the Prime Minister appoints some independents individually; generally only retiring distinguished civil
![Prerogative powers are very important source of UK Constitution dealing with issues such as foreign affairs. There are not written down, and can only be followed in common law. All major prerogative is now regulated by conventions.[1] Despite being the Mo](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/888953/listing/888953_1.jpg)
Prerogative powers are very important source of UK Constitution dealing with issues such as foreign affairs. There are not written down, and can only be followed in common law. All major prerogative is now regulated by conventions.[1] Despite being the Mo
Prerogative powers are very important source of UK Constitution dealing with issues such as foreign affairs. There are not written down, and can only be followed in common law. All major prerogative is now regulated by conventions.1 Despite being the Monarch's powers, they are being exercised by the Government. With no direct control, they are constantly being abused being seen as an indefinable constitutional power appearing in any form and under any circumstances. Prerogative remains a extensive mixture of rights, powers, duties and immunities operating in all the spheres of government.2 The most classic definition is by A. V Dicey ' the residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown.'3 Exercise of royal prerogative is expressed by formal documents, by orders in Council or by instructions from Ministers acting on the Monarch behalf. Some of them belong to the Monarch (like appointing Ministers, power to dissolve parliament, assent to legislation, granting honours), but most is exercised by the Government on the Monarch behalf. In case of domestic affairs it is: appointment and regulation of civil service (GSHQ case4), directing the deposition of the armed forces and commissioning its officers (Chandler v Director of Public Prosecutions [1964] AC 763), the prerogative of mercy (R v Foster [1985] QB
The Nature of the Britains Constitution and the advantages/disadvantages of it
The Nature of the Britains Constitution and the advantages/disadvantages of it If a constitution means a written document, then obviously Great Britain has no constitution. In countries where such a document exists, the word has that meaning. But the document itself merely sets out rules determining the creation and operation of governmental institutions, and obviously Great Britain has such institutions and such rules. The phrase 'Britains Constitution' is used to describe those rules. There is no written codified constitution or comprehensive Bill of Rights; Britain's constitution is to be found partly in conventions/customs and partly in statute. The Act known as the Bill of Rights (1689) deals with the exercise of the royal prerogative and succession to the Crown. It does not set out ideals of the rights of man, unlike for example the French's declaration of rights. The main reason for Britains lack of codified constitution is the fact that Britain has nearly always been sovereign. Britain was never granted freedom or gained it through revolution, so there has never been a need to set about culminating all the different constitutional legislation. Richard Grossman describes the British constitution as "autocracy tempered by public opinion polls". What he is implying is that Britain's constitution has evolved over time and modernised according to changing
The Rule of Law and the Terrorism Acts
A) Chapter 2: The rule of law I) Introduction There is a hierarchy in that the politicians and officials have authority invested in them by the law through democracy, which means there is a hierarchy as the law is higher than the politicians and these politicians are above the people. It could be said that the people confer their rights on to the politicians when voting for them due to the nature of an electoral democracy1. The rule of law says that the judiciary and legislature should be equal. It has been said "The critical feature to the Rule of Law is that individual liberties depend on it. Its success depends on the role of trial by jury and the impartiality of judges."2 Therefore the judiciary also play a significant role in the law and as a result the relationship between the two should be equal. The concept of the rule of law first materialized with Dicey in 1885 and according to Lord Bingham of Cornhill his views "...had attracted considerable controversy over the years which had elapsed since then."3 Dicey stated that there were three main principles to the rule of law. The second point is the significant one as far as this discourse is concerned and it states: "; 2) every man is subject to the ordinary law of the land administered by ordinary and usual tribums" This is relevant when one looks at control orders, in that people are subjected to orders under
