any powers have been abused. Judicial review is an application to the Courts to assess an action or decision made by a public body on a point of public law. A particular decision may be found to be in breach of natural justice or have been made ultra vires‚ that is‚ beyond the scope of the powers. The case of O’Reilly v Mackman shows the general rule that when claiming against a public body‚ judicial review should be used. Lord Diplock described this as an ‘exclusivity principle’. The use of this
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Natural justice In English law‚ natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). While the term natural justice is often retained as a general concept‚ it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias‚ imputed bias or apparent bias.
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Week 2 Homework GM520. 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so‚ how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments
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UNIVERSITY OF NAIROBI FACULTY OF LAW XXX LLB II 2003 JUDICIAL REVIEW LECTURE NOTES JUDICIAL REVIEW Lecture 1 Judicial Review is the process through which an aggrieved person can find redress in a Court of Law. Judicial Review forms part of administrative law because it is the most appropriate way that an aggrieved party aggrieved by an administrative body can find redress. Reading Material 1. Brian Thompson – Text Book on Constitutional and Administrative Law 2nd Edition 1995. 2. Peter
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According to Lord Diplock‚ ‘the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it.’ Illegality takes place if the public body fails to follow the public law principles including simple ultra vires‚ failing to exercise or abuse of discretion and infringement of convention rights when
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1 FORMATION AND INCORPORATION OF COMPANIES L Meaning of Company L Advantages of Certificate of Incorporation L Characteristics or Essential Features of a Company L Effect of Certificate of Incorporation L Floatation of Company L Types of Companies • Chartered Companies L Certificate of Commencement of Business • Statutory Companies L Memorandum of Association • Registered Companies L Contents of Memorandum of Association L Introduction Companies Limited by
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DEFINITION OF COMPANY: The Companies Act Cap 110 definition section states that “company” means a company formed and registered under the Act or an existing company. The companies Act does not sufficiently define what a company is but authors have developed a definition of a company. Professor David Bakibinga in his book company law in Uganda at page 2 defines a company as an artificial legal entity separate and distinct from its members or shareholders. This legal person is distinguishable
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Delegated legislation is controlled by the judiciary (in the form of judicial review) and‚ most importantly‚ by Parliament. It does this through different control methods‚ such as the affirmative resolution procedure and by working alongside Parliamentary committees. It may still‚ however‚ have an inadequate control over delegated legislation‚ as Parliament itself does not have the resources to pass secondary legislation. Affirmative resolution procedures The control Parliament has over delegated
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Russell v. the Queen (1882): This case fell according to the JCPC under powers in favor of the federal government. The reasoning for this case is not convincing. The reason for this is that it does not ban alcohol for the entire country‚ but instead merely restricts and regulates it. The legislation for this case could have fallen under: section 92 (9)‚ which deals with saloons‚ taverns‚ and shops; section 92 (13) which is about property and civil rights in the province; or section 92 (16) which
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Question 1 All business organizations in Singapore with the intent of profit generation are categorized under two main types of corporations‚ either unincorporated or incorporated. The law treats each entity differently. Unincorporated Entities Unlike the incorporated entities‚ an unincorporated entity business does not have separate legal personality. The law does not separate the people who establish the business and the business itself. In other words‚ the rights and liabilities of the unincorporated
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