This 8 page paper considers a case supplied by the student where there are apparent procedural errors in a decision made by a local authority, as well as a potential abuse of power. The bibliography cites 8 sources
Name of Research Paper File: TS14_TEjrgran.rtf
Unformatted Sample Text from the Research Paper:
public body. This was the failure to grant a licences to serve alcohol during the cricket world cup, as allowed for under a fictitious statute, in circumstances where one had
bee granted previously and where the licensee had also complied with hand written instructions from the mayor indicating that priority would be given to newly decorated bars. Furthermore, a member
of the committee objected due to their anti-alcohol stance, and gave evidence, the licensee was not allowed to call evidence and the final aspect is that fact that it was
a relation of the mayor that gained the licence, despite not fulfilling the criteria outlined for priority cases. Public bodies are empowered to make decision regarding the way in
which public services are provided and controlling the provision of services as well as many other matters, They are entrusted to undertake their task in a fair and unprejudiced manner.
Therefore, where there is an appearance or an question as to whether or not this has happened the needs to be a procedure that can be used to look at
the decision made. The action that Grant; the licensee may wish to seek is to apply for a Judicial review. It should also be noted that in theory almost
any decision that is made by a judicial body, a public body or a quasi public bodies will be susceptible to review. In a judicial review there is the ability
for the court to consider the underling rules and regulations, along with their legality. These can include statutory instruments, orders in council as well as any other rules or regulations
that have their authority originating with parliament or statute. For example the recent Human Rights Act 1998, which came into effect in 2000, is a tool that facilitates judicial review.