Search icone
Search and publish your papers

Public law: Judicial review

Or download with : a doc exchange

About the author

General public

About the document

Published date
documents in English
case study
4 pages
General public
0 times
Validated by
0 Comment
Rate this document
  1. Alya's Case
  2. Chester's Case
  3. Dogford District Council's Case
  4. Justifications For Judicial Review

As much as Catford District Council has authority to issue retailing license to pet-shop owners and operators, the relevant statute provides discretion to the local authority to conduct consultations if necessary. The fact that the license was legally issued and Alya is not comfortable with the shop's operation on Sundays, gives rise to various grounds upon which the complainant may challenge the council's decision or at least, the procedure used in issuing the license.

[...] Sources Used Table of Cases Associated Provincial Pictures Houses Ltd v Wednesburry Corporation Chief Constable of Northern Waters v Evans Metropolitan Properties Company Ltd v Lennon Nadarajah v Home Secretary Ridge v Baldwin R v Fulham Corporation R v Milton Keynes Council R v North and East Devon Health Authority, exp Couglan Webb v The Queen White v Collins Table of Legislation Localism Act of 2011 Bibliography Fitzroy. Grounds of Review. May (accessed December 22, 2014). Harel, Alon, and Tsvi Kahara. "The Easy Core Case For Judicial Review." Journal of Legal Analysis, 2010: 227-256. Sellick, Joanne. [...]

[...] Key Facts: Constitutional and Administrative Law, Fourth Edition. London: Routledge Thapliyal, Arvind. India: Doctrine of Legitimate Expectation: Overview. June ine+ Of+Legitimate+Expectation+Overview (accessed December 22, 2014). [...]

[...] Unreasonableness: The principle of reasonability is to the effect that an administrative body should be rational in acting or making its decisions. Unreasonableness is seen when an administrative body acts or makes a decision in a manner so absurd or outrageous, that a reasonable person acting in the same capacity and under the same circumstances would to do or make, as was defined in Associated Provincial Picture Houses Ltd v Wednesburry Corporation.[2] In this case, the reason given for the council's failure to conduct consultations, something which is done by all other local authorities, is so unreasonable that one would not expect such an authority to fail to act on that basis (Harel and Kahara 2010). [...]

[...] The fact that the council has decided to prosecute him, is therefore unwarranted and very much illegal. The other instance of illegality is seen where the council is acting beyond power, as was suggested in R v Milton Keynes Council.[7] The Pet Retailer Regulations of 2003 is meant to apply to pet retailers specifically. In the facts presented in this case, Chester did not intend to specialize in pet retailing, but rather to sell a small number of tropical fish as a side-line to its small other business. [...]

Similar documents you may be interested in reading.

From judging to legislating: The Supreme Court as a law-making body

 Arts & media   |  Journalism   |  Presentation   |  12/18/2008   |   .doc   |   4 pages

Contract Law : A review

 Law & contracts   |  Civil   |  Course material   |  02/21/2011   |   .doc   |   8 pages

Top sold for civil law

Struggles for Recognition in the Democratic Constitutional State, Jurgen Habermas

 Law & contracts   |  Civil   |  Book review   |  09/29/2010   |   .doc   |   3 pages